Terms and Conditions

Terms and Conditions

Web Site Usage Terms and Conditions

Researched Nutritionals, LLC
www.researchednutritionals.com
These Terms of Use (or “Terms and Conditions”) were last updated on September 10, 2011.

Use of Web Site

Welcome to ResearchedNutritionals.com (“Website”). Researched Nutritionals, LLC and/or our affiliates (collectively, “Researched Nutritionals”) provide our Website features to you subject to the following conditions. In the interest of continuing to build trust with our customers we want you to understand that through use of our Website you are deemed to agree to the terms set forth below as of the date of such use. If you do not want to be subject to these terms please do not use our Website. Researched Nutritionals reserves the right, in its sole discretion, to make changes to our Website, these Website usage Terms and Conditions, the policies that govern the use of our Website and/or an individual’s access to this site at any time, or to terminate this site without notice. It is recommended that you, as a user of this Website, read these Terms and Conditions each time you enter the site for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by these Terms and Conditions, you may not use, and must immediately cease your use of, the Website. You agree that Researched Nutritionals may in its sole discretion terminate your access to our Website, without notice, if we believe you have in any way violated our Terms and Conditions.

Privacy

Researched Nutritionals operates under a strict set of privacy principles, taking care to respect the privacy of our online visitors. Please review our Privacy Policy Click here which also governs your visit to our Website. When you access this site, you acknowledge that you have read and agree to abide by its terms.

Intellectual Property

Researched Nutritionals® is a trademark and service mark of Researched Nutritionals, LLC and may not be used without express permission.

Certain products may also be protected under U. S. Patent Law.

The entire contents of this site, and its compilation, are the property of Researched Nutritionals and protected by United States and international copyright law. All content published on the Website, with the exception of that acquired from third-party syndication sources as noted on applicable content page(s), is ©2006-2007 by Researched Nutritionals, LLC. All rights reserved.

Lawful Use

Materials from the www.researchednutritionals.com World Wide Web site may not be copied, distributed or transmitted, in part or in whole, in any way without prior express written consent of Researched Nutritionals. Users of the site may download one copy of any and all materials on the site for personal, non-commercial use provided that they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. Researched Nutritionals reserves complete title and full intellectual property rights for materials downloaded from the site.

All material on this site is provided for lawful purposes only. You agree not to use the material on this site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law.

Researched Nutritionals sells certain products only through authorized distributors and approved health care professionals. Authorized customers may be granted access to on-line ordering. Researched Nutritionals does not permit sale and/or resale of its products by unauthorized distributors, including but not limited to retailers, mail order sellers and online sellers (collectively, “Third Parties” i.e. Amazon, eBay, etc). Researched Nutritionals reserves the right to, immediately and without notice or right to cure, discontinue sales to and terminate access of any customer found to be selling Researched Nutritionals products through or to unauthorized Third Parties.

Shoud any Researched Nutritionals product be purchased from a Third Party, it will not be honored under Researched Nutritionals warranties, if any. Any unauthorized use, sale and/or resale of Researched Nutritionals products shall subject the seller and/or reseller to liability for any and all damages arising from such unauthorized use, sale and/or resale.

Health-Related Information

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Researched Nutritionals) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. Please read our disclaimer.

Modifications

Researched Nutritionals reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that Researched Nutritionals shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

Researched Nutritionals can revise these Terms and Conditions at any time by updating this online posting. Researched Nutritionals may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by destroying all materials obtained from our Website.

Submission Of Information and/or Materials
Other than personally identifiable information, which is addressed under our Privacy Policy, any information, including but not limited to remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Researched Nutritionals through this site is the exclusive property of Researched Nutritionals.

The user acknowledges the originality of any submission communicated to Researched Nutritionals and accepts responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate.

Researched Nutritionals is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. Except as may be provided in the Privacy Policy, any information or materials submitted to Researched Nutritionals will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. You should rely solely on your rights under intellectual property laws. The receipt or consideration of your information by Researched Nutritionals shall in no way impair the right of Researched Nutritionals to contest the validity of your patent, trademark or copyright.

Links

Our Website provides links to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Researched Nutritionals is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that Researched Nutritionals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.

Sale of Products

You may be provided with the opportunity to purchase products and/or services through our Website and/or from third party web sites linked to our Website. Products and/or services purchased through third-party web sites are subject to the terms and conditions of such other parties and their web sites, and Researched Nutritionals shall have no liability or responsibility theretofore. All items purchased from our Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

For Sales on the Amazon platform, the Researched Nutritionals brand works hard to ensure that only authentic, high quality products reach consumers in the condition we intend. As such, for all sales on the Amazon platform, the Researched Nutritionals brand offers a 45 day Satisfaction Guarantee which will NOT be honored without provision of valid proof of purchase directly from the Fortress Brand Amazon storefront.

Indemnity

You agree to indemnify and hold Researched Nutritionals and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Disclaimer of Warranties

You expressly agree that use of our website is at your sole risk and is provided on an “as is” basis to the fullest extent permissible pursuant to applicable laws.

Researched Nutritionals and its parents, affiliates (and their franchisees and licensees) and subsidiaries (collectively, “affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Researched Nutritionals and its affiliates make no warranty, express or implied, that the website or any services, products, or information obtained on or through the website will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does Researched Nutritionals or its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of the website or any servies, products or information obtained on or through the website or as to the accuracy, completeness or reliability thereof. Researched Nutritionals makes no commitment to update or correct any information that appears on the website or any website linked hereunder.

You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Researched Nutritionals is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Researched Nutritionals, its Affiliates, or its suppliers be liable for any damages or injury that result from the use of the materials on this site. Researched Nutritionals and its Affiliates make no warranty regarding any goods or services purchased or obtained through or from the Website or any transactions entered into through the Website. No advice or information, whether oral or written, obtained by you from Researched Nutritionals or through or from any service or product on the Website shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.

Liability Restrictions

You agree that Researched Nutritionals and its Affiliates shall not be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Website or any services, products or information obtained on or through the Website, even if Researched Nutritionals or its Affiliates have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Website; linking to any third party web site from the Website; any unauthorized access to any information on the Website and/or submitted by you to or through the Website; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Website; and/or loss of profits, use, data or other intangible losses.

You further agree that Researched Nutritionals and its Affiliates shall not be liable for any damages arising from interruption, suspension or termination of the Website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.

Domestic Use/Export Restriction

Researched Nutritionals controls the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

Enforcement of Terms and Conditions/Jurisdiction

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to our Website, our Website Terms and Conditions, and the relationship between you and the Researched Nutritionals, LLC organization shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. You and Researched Nutritionals agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.

Severability

Please review our other policies, including but not limited to our Privacy Policy and Internet Policy, if applicable (collectively, our “Policies”). These Terms and Conditions and our Policies constitute the entire agreement between you and Researched Nutritionals with respect to the Website; provided, however, that certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms which may be located on particular pages on the Website. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Disclaimers

The dietary and other substances discussed on the Website may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease. In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on our Website is accessible to anyone throughout the world, Researched Nutritionals does not give legal advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases of membership, products and/or services on the Website. The policy opinions expressed on this site, and on sites to which it may link, are not necessarily the views of Researched Nutritionals and are not adopted for commercial purposes.

Advertising Policy

In order to provide quality health information, news and tools in a timely manner to our visitors, Researched Nutritionals may permit advertising on our site. However, we do not allow outside advertisers to affect the quality or accuracy of information on our site, and we maintain a stringent policy of editorial independence. The following advertising policy is in force on our Website:

Researched Nutritionals maintains complete editorial independence with respect to our content in every circumstance. We do not permit advertisers or other third-party sponsors to make changes to content, or to introduce biased content into the design of any of our sections. Researched Nutritionals clearly identifies all advertisements, sponsorships, and sponsor-related material on the Website. We separate this material from medical or pornographic products or web sites. We will not provide or sell any information to a third party that would allow it to identify a person’s individual medical or diet circumstances or conditions.

How to Contact Us

Should you have other questions or concerns about these legal notices and/or the practices of this Website, please contact us at:

Researched Nutritionals, LLC P.O. Box 224 Los Olivos, CA 93441 www.researchednutritionals.com [email protected] Telephone: 805 693 1802 Fax: 805 693 1806