Date of last revision: 06/12/2017
This Website is owned and operated by WWW.MYHUMANIX.COM, a Delaware company.
Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE.
THIS AGREEMENT INCLUDES A MANDATORY BINDING ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 17 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY BINDING ARBITRATION AGREEMENT, SECTION 17 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
HUMANIX NUTRITIONALS, LLC. reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference. You can find the most recent version of these Terms at WWW.MYHUMANIX.COM. HUMANIX NUTRITIONALS, LLC. will post a notice on its home page that these Terms have changed. Use of the Website after such changes constitutes acceptance of such changes.
PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
Table of Contents:
- Who Can Use the Website
- Who Can Use the Website
- Placing an Order
- Payment Information
- Refunds and Returns
- Prices and Taxes
- Product or Service Description and Unavailability
- Electronic Documents and Signatures
- Sharing Your Content
- Our Intellectual Property Rights and the Intellectual Property Rights of Others
- HEALTH AND MEDICAL ADVICE DISCLAIMER
- DISCLAIMERS OF WARRANTIES
- LIMITATIONS OF LIABILITY
- MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Exclusive Venue for all Other Controversies
- HUMANIX NUTRITIONALS, LLC. Remedies
- Links to Third Party Websites
- Communicating with HUMANIX NUTRITIONALS, LLC. Companies
- Term & Termination of Agreement and Your Use of Website
- Copyright Policy
- Additional Terms
1. Who Can Use the Website
This Website is intended for adults (age 18 or older). In order to use the Website, you must be 18 years of age or older and have the legal capacity to enter into a binding contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old and have the legal capacity to enter into a binding
contract with us.
2. Your Use of the Website
Subject to your continued compliance with all Terms, HUMANIX NUTRITIONALS, LLC. provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (i) the content, layout, formatting, and features of, and access privileges for, the Website shall be determined by HUMANIX NUTRITIONALS, LLC. in its sole discretion; (ii) HUMANIX NUTRITIONALS, LLC. has the sole right to control and direct the means, manner, and method by which the Website is provided; (iii) HUMANIX NUTRITIONALS, LLC may, from time to time, engage independent contractors, consultants or subcontractors to aid HUMANIX NUTRITIONALS, LLC. in providing the Website or use thereof; and (iv) HUMANIX NUTRITIONALS, LLC. has the right to provide the Website to others. HUMANIX NUTRITIONALS, LLC. or its licensors, as applicable, shall, at all times, retain exclusive ownership of the entirety of the Website and its content.
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else including, but not limited to, HUMANIX NUTRITIONALS, LLC., or that restricts or inhibits anyone else’s use or enjoyment of the Website. You may not, without our prior express written consent:
a. copy, reproduce, rent, lease, loan or sell content obtained from the Website;
b. modify, distribute, or re-post any content on the Website for any purpose; or
b. use the content of the Website for any commercial purpose whatsoever.
When using the Website, you further agree:
a. to comply with all applicable laws regarding your use of the Website;
b. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts,
servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
c. not to disrupt or interfere with any other user’s use or enjoyment of the Website or affiliated or linked Website;
d. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or
destructive files or software;
e. not to use, frame, or utilize framing techniques to enclose any HUMANIX NUTRITIONALS, LLC. trademark, logo, or other
proprietary information (including the images found on the Website or on any HUMANIX NUTRITIONALS, LLC. social media page
that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page);
f. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software)
available through the Website;
g. not to use meta tags or any other “hidden text” utilizing a HUMANIX NUTRITIONALS, LLC. company name, trademark,
or product name;
h. not to deep-link to the Website;
i. not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account
information to access the Website or use or share another party’s information on the Website;
j. not to collect or store personal data about others;
k. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
l. not to post any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
or other posted policies. You also agree not to post any copyrighted material unless the copyrighted material is Your Content ; and
m. to be bound by the company’s submission policies, including that: (i) any product, service, or idea you submit to any HUMANIX
NUTRITIONALS, LLC. company via this site or other site will not be held in confidence by HUMANIX NUTRITIONALS, LLC. and is
not proprietary to you; (ii) HUMANIX NUTRITIONALS, LLC. may use the submission and any aspect thereof for any purpose in
HUMANIX NUTRITIONALS, LLC. sole discretion; and (iii) HUMANIX NUTRITIONALS, LLC. owes no duties or obligations to you with
respect to the submission you made.
4. Placing an Order
If you order a product or service, payment must be received by HUMANIX NUTRITIONALS, LLC. before your order is accepted. HUMANIX NUTRITIONALS, LLC. may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items and services are subject to availability. We will notify you if any item or service order is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
HUMANIX NUTRITIONALS, LLC. does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If HUMANIX NUTRITIONALS, LLC. discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen payment cards, HUMANIX NUTRITIONALS, LLC. will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by HUMANIX NUTRITIONALS, LLC.
HUMANIX NUTRITIONALS, LLC. will add applicable shipping and handling fees to your order. Unless otherwise stated, HUMANIX NUTRITIONALS, LLC. will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Although HUMANIX NUTRITIONALS, LLC. may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, HUMANIX NUTRITIONALS, LLC. will contact you at the e-mail address, phone number (including any cell phone number) and/or street address you provided when placing your order. If HUMANIX NUTRITIONALS, LLC. is unable to contact you or you would like to cancel your order before it is shipped, HUMANIX NUTRITIONALS, LLC. will cancel the order and refund the full amount charged. HUMANIX NUTRITIONALS, LLC. shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by HUMANIX NUTRITIONALS, LLC.. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. HUMANIX NUTRITIONALS, LLC. reserves the right to reject orders where the stated delivery address is outside the United States.
6. Payment Information
When ordering products or services through the Website, by telephone, or otherwise, you agree to provide only truthful, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. HUMANIX NUTRITIONALS, LLC. reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided false, inaccurate, not current, fraudulent, or incomplete payment information to HUMANIX NUTRITIONALS, LLC. or for any other reason that we, in our sole discretion, believe appropriate. You agree that your placement of an order on or through this Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.
7. Refunds and Returns
Our return policy only applies to products purchased directly from www.myhumanix.com. To the maximum extent permitted by law, we offer no refunds unless a product is faulty or due to manufacturer defects, and is returned unopened within 15 days of purchase. (i); If you receive a faulty or damaged product, you must advise us via email at firstname.lastname@example.org within 7 days of receiving the product and return the product in its original, undamaged packaging to us before we can provide a full refund; (ii) If the product is unopened and you decide to return the item, you must advise us within 15 days of receiving your product via email to email@example.com and return the product in its original, undamaged packaging to us before we can provide a full refund.
All returns must include a fully completed “Return Authorization” which can be located in your online account at www.myhumanix.com. We do not accept returns or provide refunds for dissatisfaction with the product or a product which has been opened or used. Only products which are faulty, damaged, or unopened are eligible for a refund.
Returns should be sent to:
Humanix Nutritionals, LLC.
Attn: Returns & Refunds
312 East Main Street
Norton, MA 02766
No refunds or exchanges of any kind will be approved after 15 days from purchase unless notified in writing at firstname.lastname@example.org prior. All approved refunds will be provided as credit to your credit card or selected choice of payment used at the time purchase. There is no restocking fee. If your faulty or damaged product received was received through redemption from our Humanix Rewards program, a replacement product will be sent to you within 10 days of receiving your request. We do not permit any cash equivalent credits or returns for products received and/or awarded through our rewards program. Customer is responsible for paying all returned shipping charges on non-faulty or undamaged returns.
8. Prices and Taxes
A user may view prices published on the Website in their own country’s currency but all prices shown at the final checkout are shown in U.S. dollars. HUMANIX NUTRITIONALS, LLC. is entitled to claim from you any appropriate taxes, levies or other charges of whatever nature
payable on the supply of products or services in your jurisdiction. Prices, including applicable taxes, are subject to change, and we reserve the right, in our sole discretion, to increase prices or to offer sales and other promotions for certain products and for a limited duration.
9. Product or Service Description and Unavailability
HUMANIX NUTRITIONALS, LLC. takes reasonable steps in an effort to accurately describe and display the products and services available on the Website. However, when ordering products or services, please note that HUMANIX NUTRITIONALS, LLC. does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product or service that you receive. HUMANIX NUTRITIONALS, LLC. reserves the right to revoke any offer to correct errors, inaccuracies, or omissions, including after an order has been submitted, confirmed, or after your credit card has been charged. If your order is canceled because of an error, your credit card will be refunded the full amount of your order. HUMANIX NUTRITIONALS, LLC.’s descriptions of, or references to, products or services not owned by HUMANIX NUTRITIONALS, LLC. are not intended to imply endorsement of that product, or constitute a warranty by HUMANIX NUTRITIONALS, LLC. unless expressly stated on the Website.
We make every effort to insure product or service availability, however, availability of products or services and purchase terms are subject to change at any time and without notice. If your order is canceled because of product or service unavailability, your credit card will be refunded the full amount of your order.
10. Electronic Documents and Signatures
All information communicated on the Website is considered an electronic communication. When you communicate with any HUMANIX NUTRITIONALS, LLC. company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same legal force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229, 15 U.S.C. § 7001 et seq. or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11. Sharing Your Content
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). By posting or submitting Your Content you grant HUMANIX NUTRITIONALS, LLC. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate,
perform, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. HUMANIX NUTRITIONALS, LLC. is free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such information without any obligation or liability to you.
You represent and warrant that: (a) you own or otherwise control all of the rights to Your Content; (b) Your Content is accurate; (c) use of Your Content does not violate this Agreement or any law or regulation, and will not cause injury to any person or entity; and (d) you will protect, defend, indemnify and hold harmless HUMANIX NUTRITIONALS, LLC., and all of its directors, officers, employees, agents, contractors, co-branders, and suppliers, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with or related to Your Content.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. HUMANIX NUTRITIONALS, LLC. has the right, but not the obligation, to monitor and edit or remove any activity or content, including Your Content, for any reason and without notice. HUMANIX NUTRITIONALS, LLC. takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
12. How We Contact You & Consent
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from HUMANIX NUTRITIONALS, LLC. may be monitored and recorded and you consent to such monitoring and recording. You verify that any contact information provided to HUMANIX NUTRITIONALS, LLC. is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to and that by voluntarily providing your contact information to HUMANIX NUTRITIONALS, LLC. you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of HUMANIX NUTRITIONALS, LLC. relating to this Agreement, any purchase or transaction with HUMANIX NUTRITIONALS, LLC. your account (including debt collection), promotions regarding and advertisements for HUMANIX NUTRITIONALS, LLC.’s products, customer satisfaction surveys, and product inquiries. You agree to receipt of such communications made by or on behalf of HUMANIX NUTRITIONALS, LLC. even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that HUMANIX NUTRITIONALS, LLC. will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase with HUMANIX NUTRITIONALS, LLC.
You agree to provide HUMANIX NUTRITIONALS, LLC. notice within 30 days of any change to your contact information by calling us at 1.888.426.6064 e-mailing us at email@example.com, or writing to us at HUMANIX NUTRITIONALS, LLC. 274 East Main Street, Suite #3-202, Norton, MA 02766.
13. Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. This limited license is subject to your strict compliance with these Terms including, but not limited to, Sections 1 (Who Can Use the Website) and 2 (Your Use of the Website) above. Except as expressly provided in these Terms,
nothing contained in these Terms or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of HUMANIX NUTRITIONALS, LLC. or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
14. Health And Medical Advice Disclamer
HUMANIX NUTRITIONALS, LLC. AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE OR DO NOT TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER
MATERIAL ON THE WEBSITE. WHILE WE SEEK TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE AND CURRENT, HUMANIX NUTRITIONALS, LLC. CANNOT GUARANTEE, AND SHALL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE
ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE ON THE WEBSITE.
15. Disclamers Of Warranties
EXCEPT WHERE UNENFORCEABLE OR INAPPLICABLE, INCLUDING THE STATE OF NEW JERSEY:
THE WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HUMANIX NUTRITIONALS, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HUMANIX NUTRITIONALS, LLC. DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HUMANIX NUTRITIONALS, LLC. MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY HUMANIX NUTRITIONALS, LLC. WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUMANIX NUTRITIONALS, LLC. OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. Limitations Of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, HUMANIX NUTRITIONALS, LLC. IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, PRODUCTS OR SERVICES BY YOU OR BY THIRD PARTIES, REGARDLESS OF WHETHER HUMANIX NUTRITIONALS, LLC. HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, HUMANIX NUTRITIONALS, LLC. IS FOUND LIABLE UNDER ANY THEORY, HUMANIX NUTRITIONALS, LLC. LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100. THIS LIMITATION OF LIABILITY IS UNENFORCEABLE AND INAPPLICABLE IN CERTAIN STATES, INCLUDING NEW JERSEY. CONSUMERS IN THOSE STATES MAY HAVE ADDITIONAL RIGHTS.
To the fullest extent permitted by law, you will protect, defend, indemnify and hold harmless HUMANIX NUTRITIONALS, LLC., and all of its directors, officers, employees, agents, contractors, co-branders, and suppliers, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with or related to (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or state law equivalents) relating to the provision of personal information (e.g., telephone number) to HUMANIX NUTRITIONALS, LLC. that is not owned by you in contravention of this Agreement; or (iv) your breach of this Agreement.
18. Mandatory Binding Arbitration And Class Action waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
agreement to final and binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
As an exception to final and binding arbitration, you and HUMANIX NUTRITIONALS, LLC. both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. HUMANIX NUTRITIONALS, LLC. will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending only in that court on an individual (non-class) basis. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
c. Required Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim against HUMANIX NUTRITIONALS, LLC. you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You may send the written description by U.S. Mail to Humanix Nutritionals, LLC., 274 East Main Street, Suite #3-202, Norton, MA 02766, Attn: Customer Services or by e-mail to firstname.lastname@example.org. You agree to negotiate with HUMANIX NUTRITIONALS, LLC. or its designated representative in good faith about your problem or dispute.
If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after HUMANIX NUTRITIONALS, LLC. receipt of your written dispute, you agree to the dispute resolution provisions below.
d. Commencing Arbitration
You and HUMANIX NUTRITIONALS, LLC. agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e. Arbitration Location
For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through
written submissions if both you and HUMANIX NUTRITIONALS, LLC. agree.
f. Organization, Rules and the Arbitrator
You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the American Arbitration Association (“AAA”), which shall govern the parties’ final and binding confidential arbitration.
HUMANIX NUTRITIONALS, LLC. will pay for the initial standard filing fee which may be required under the AAA Rules in order to initiate an arbitration. The parties shall share equally in any additional fees, including, but not limited to, any hourly fees, charged by the arbitrator or his/her staff. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. Please note, however, that if HUMANIX NUTRITIONALS, LLC. is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to HUMANIX NUTRITIONALS, LLC.
The arbitrator shall follow Massachusetts substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.
This provision survives termination of your account or relationship with HUMANIX NUTRITIONALS, LLC. bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable in whole or in part (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This Section 17 is the entire arbitration agreement between you and HUMANIX NUTRITIONALS, LLC. and shall not be modified except in writing by HUMANIX NUTRITIONALS, LLC.
HUMANIX NUTRITIONALS, LLC. reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a HUMANIX NUTRITIONALS, LLC. product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, HUMANIX NUTRITIONALS, LLC. will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a HUMANIX NUTRITIONALS, LLC. product or service, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO HUMANIX NUTRITIONALS, LLC. C/O 274 EAST MAIN STREET, SUITE #3-202, NORTON, MA 02766 ATTN: CUSTOMER SERVICES. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.
19. Exclusive Venue for all Other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in the parties’ Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Bristol Country and Massachusetts and each party hereby irrevocably and unconditionally consents and submits to the exclusive personal and subject matter jurisdiction and venue of such courts for any such controversy.
20. HUMANIX NUTRITIONALS, LLC. Remedies
In order to prevent or limit irreparable injury to HUMANIX NUTRITIONALS, LLC. in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement, HUMANIX NUTRITIONALS, LLC. shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting HUMANIX NUTRITIONALS, LLC. from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
21. Links to Third Party Websites
22. Communicating with HUMANIX NUTRITIONALS, LLC. Companies
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from HUMANIX NUTRITIONALS, LLC. are monitored and recorded and you consent to such monitoring and recording.
You verify that any contact information provided to HUMANIX NUTRITIONALS, LLC. is true, accurate and current. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to HUMANIX NUTRITIONALS, LLC. and that by voluntarily providing your contact information to HUMANIX NUTRITIONALS, LLC. you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of HUMANIX NUTRITIONALS, LLC. relating to this Agreement, any purchase or transaction with HUMANIX NUTRITIONALS, LLC. matters related to your account, and promotions regarding HUMANIX NUTRITIONALS, LLC. products or services. You agree to receipt of such communications made by or on behalf of HUMANIX NUTRITIONALS, LLC. even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that HUMANIX NUTRITIONALS, LLC. will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase from HUMANIX NUTRITIONALS, LLC.
You agree to provide HUMANIX NUTRITIONALS, LLC. notice within 30 days of any change to your contact information by writing to 274 EAST MAIN STREET, SUITE #3-202, BROCKTON, MA 02766, Attention: Customer Services or emailing email@example.com.
23. Term & Termination of Agreement and Your Use of Website
This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest. You agree that HUMANIX NUTRITIONALS, LLC. may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that HUMANIX NUTRITIONALS, LLC. shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 11 through 21 and 24 through 26 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with HUMANIX NUTRITIONALS, LLC.
HUMANIX NUTRITIONALS, LLC. may make changes to these Terms, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, you should check to see if a new version has been posted.
All trademarks and service marks displayed on the Website are the property of a HUMANIX NUTRITIONALS, LLC. company or other respective owners. You may not use or display any trademarks or service marks owned by any HUMANIX NUTRITIONALS, LLC. company without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
26. Copyright Policy
HUMANIX NUTRITIONALS, LLC. respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, HUMANIX NUTRITIONALS, LLC. may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, HUMANIX NUTRITIONALS, LLC. will comply with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide HUMANIX NUTRITIONALS, LLC. copyright agent (at firstname.lastname@example.org) the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
f. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct inquiries regarding any infringement issues by email to email@example.com. Please note that HUMANIX NUTRITIONALS, LLC. assumes no responsibility or liability to take or refrain from taking any action in response to the provisioning of such information.
27. Additional Terms
b. Contractors. The HUMANIX NUTRITIONALS, LLC. company operating this Website or providing products and services through this Website, may assign, transfer, or sub-contract any of its rights or obligations under these Terms to any third party or any HUMANIX NUTRITIONALS, LLC. company at its discretion.
c. Governing Law. This Agreement shall be exclusively construed and governed by the laws of the State of Massachusetts, without giving effect to principles of conflicts of law.
d. Severability. If a provision of this Agreement is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision; and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement must not be affected or impaired.
e. Wavier. No failure or delay on the part of HUMANIX NUTRITIONALS, LLC. in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by HUMANIX NUTRITIONALS, LLC.
f. Notwithstanding the terms above, certain provisions set forth herein, including the disclaimers of warranties and limitations of liability, shall not apply to New Jersey residents pursuant to the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 to -18.