CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE YOU PURCHASE ANY PRODUCT OR SERVICE THROUGH THIS WEBSITE
ATTENTION: This is a legal agreement (the “Agreement”) between you, the individual, company or organization (“you,” “your,” or “Customer”) and NutraFountain.com “Nutra Fountain” (“we,” “our”, “Company”). By purchasing, ordering, accessing, or using products (“Product”) through this website or any related websites (collectively the “Website”), you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of any Product.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR PURCHASING ANY PRODUCT THROUGH THE WEBSITE
Terms and Conditions
Please carefully read the following terms and conditions as when you purchase any of the products from our web site (NutraFountain.com), you agree and are bound to the following terms and conditions. This Section sets forth the terms and conditions which apply to the use by you of the website (as defined above) and any other product or service offered for sale by Nutra Fountain.
The right to use any product or service offered by Nutra Fountain is personal to you and is not transferable to any other person or entity. Nutra Fountain reserves the right to make changes to the website, policies, and these terms at any time without notice.
Disclaimer of Warranty; Limitation of Liability
Nutra Fountain neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the website. Under no circumstances will Nutra Fountain be liable for any loss or damage caused by your reliance on information obtained through the content on the website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Indemnification
You agree to defend, indemnify and hold harmless Nutra Fountain, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the website, including claims by other users, access, products or memberships.
Orders/Billing
In consideration for the Products you order from Company, you agree to pay the sums listed below at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card. Company’s authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Please read the Refund Policy in full before contacting support. If at any time you are unsatisfied with our product, you may return your product within thirty (30) days of your order date for a refund or exchange. To receive a refund, you must email su*****@***********in.com or use the our “Live Chat” to receive an RMA number and instructions on sending back your return. Without the RMA# and return of the product, we cannot issue a refund. All qualified return products must have the proper RMA number on the box and be shipped at your expense to the address we provide:
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
After receiving your return, it generally takes 3-5 business days or sooner to process your refund. Once a return is processed, it usually takes up to 5 business days for the return to be posted to your account, depending on your bank or financial institution.
By proceeding with your purchase, you acknowledge and agree that Nutra Fountain will not obtain additional authorization from you. You agree and understand that you are billed only once per purchase, and will not be charged any recurring payments. In addition, you will not hold Nutra Fountain responsible for any overdraft charges or fees which you might incur.
Billing Support
Please contact Customer Service by phone, email or Live Chat for any billing issues you may have.
Customer Care: 1-800-854-2303
su*****@***********in.com
Hours: M-F 10AM-5PM EST
Notification of Changes
If we decide to change our Policy, we will post these changes on our Homepage or provide other notification of our revised Policy so our users and members are always aware of what information we collect, how we use it, and when we disclose it.
Arbitration Agreement
THIS ARBITRATION AGREEMENT (“AGREEMENT”) SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS REGARDING THE PRODUCT(S) YOU PURCHASE FROM US SHALL BE RESOLVED. THIS AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.
BY ORDERING A PRODUCT FROM US, YOU UNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN US CONCERNING SUCH PRODUCT SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AS SUCH, YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT CONTINUE WITH YOUR PURCHASE.
1. RESOLUTION BY BINDING ARBITRATION. Any claim or dispute between you and us, or any of our subsidiaries or affiliates, arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
2. WAIVER OF CLASS PARTICIPATION. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.
3. ARBITRATION PROCEDURES.
1. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to PayPal’s Buyers Protection Service by calling toll (888) 221-1161 and providing all requested information. You may be required to provide us with a written statement setting forth the nature of your claim or dispute. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolution Period”). If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement.
2. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org.
3. The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration.
4. The arbitration of any claim or dispute under this Agreement shall be conducted in the Los Angeles County, California State.
4. COSTS. All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows:
1. If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed One Hundred Dollars ($100);
2. If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed Three Hundred Dollars ($300); and
3. If the claim or dispute that is the subject of the arbitration proceedings exceeds $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA.
4. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
5. SMALL CLAIMS. All parties shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal’s jurisdiction. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration under the terms of this Agreement.
6. SEVERABILITY. If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
Nutra Fountain LLC
250 E 5th Street
15th Floor
Cincinnati, OH 45202