Terms and Conditions of Use

This terms and conditions of use agreement sets forth the agreement between NutritionalCenter.com (the "Site") and each user ("you" or "user") which governs the use of this site by you. By using this site, you are signifying that you consent and agree to be bound by the terms and conditions contained herein; so please READ IT CAREFULLY! If for any reason you do not agree to our terms and conditions, you may not use this site in any way, shape, or form.

The information contained on this site is solely for informational purposes. It is not intended or implied that any of this information be construed as medical advice in any way. Moreover, any information in this site is not a substitute for advice from your medical physician or any other healthcare professional. You should not use any information in this site as a means of diagnosis, treatment, or prevention of any health problem or disease; nor should you consume any of these products as a substitute for any prescription medicine or other medical treatment. ALWAYS speak with your doctor or health care professional before taking any medication, whether it be herbal, homeopathic, or pharmaceutical. ALWAYS consult your physician or health care professional before beginning any exercise or weight loss program, and before undertaking any supplemental measures to treat a health problem.

Your Usage and Responsibilities

You agree to provide true, complete, and accurate information about yourself when requested to do so in the checkout process. You agree to maintain your account in good standing, and to update your account should your information change. If you do not provide true, complete, and accurate information, we may suspend or terminate your account and deny you any future access to the site.

You agree to keep your account secure, including your login and password. You agree that you are fully responsible for any transactions that occur under your account and password. If you suspect that your account has been compromised, you agree to notify us IMMEDIATELY at support@nutritionalcenter.com.

You agree to use this site in a lawful manner. You will not access or otherwise disseminate any information contained in the site that may be illegal for you to view. You agree not to hold NutritioalCenter.com, its directors, or affiliates liable for any legal actions that may be brought against you through your use of this site.

You agree not to post or otherwise transmit anything that could be deemed to be harmful, hateful, threatening, vulgar, defamatory, obscene, profane, fraudulent, harassing, sexually explicit, abusive, or racially offensive through this site. Any such action will result in the swift suspension of your account pending appropriate legal action.

Copyrights and Trademarks

All web site design, text, graphics, software and other content, and the selection and arrangement thereof, are the express and dole property of Whole Health Foods LLC or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved for their respective owners. Permission is granted only to make copies of portions of this site for the purpose of placing an order with NutritionalCenter.com. The information contained in this site is intended solely for educational purposes, and any use of materials on NutritionalCenter.com other than those explicitly stated above are strictly prohibited.

NutritionalCenter.com, and all logos, page headers, custom graphics, icons, button icons, and other service marks and/or trademarks of NutritionalCenter.com are property of Whole Health Foods LLC. All other service marks, trademarks, product and company names, and other logos or symbols are the property of their respective owners.

Disclaimers

Whole Health Foods LLC is offering this site on an "as is" and "as available" basis. We make no warranty of any kind, whether expressed or implied, on any of the products, services, or information contained in or on this site. Furthermore, Whole Health Foods LLC, NutritionalCenter.com, and any of its officers, directors, employees, agents, licensors, suppliers, content providers, and the like (the "affiliates"), expressly disclaim any warranty of any kind, whether expressed or implied, as to any content or advice, whether written of oral, nor can or shall any action by Whole Health Foods LLC, NurtitionalCenter.com, or any of its affiliates create a warranty. There is no warranty made by Whole Health Foods LLC, NutritionalCenter.com, or any of its affiliates so as to guarantee the function and availability of this site, its maintenance, or its being "error-free"; nor do they make any warranty as to the results obtained from the use of this site, or as to its accuracy, reliability, currency of any information, content, service, or merchandise provided through this site. Your use of the Site is expressly at your own risk.

All information on the Site IS FOR INFORMATIONAL PURPOSES ONLY. At no time, under any conditions should any information contained on the Site be construed to be sufficient to diagnose, treat, or cure any disease or illness. We do not endorse any product on the Site. None of the information on this site is to be understood as a replacement or substitute for the advice of your physician or health care professional. Information about particular products is taken from the manufacturer themselves, and neither Whole Health Foods LLC, NutritionalCenter.com, nor any of our affiliates is responsible for any statements or claims made by manufacturers about their products. Furthermore, although we take great care in maintaining the accuracy of information about these products, we cannot be held responsible for any typographical errors or changes in product formulation. YOU SHOULD NOT USE ANY INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM, NOR SHOULD YOU UNDERSTAND ANY INFORMATION CONTAINED ON THE SITE TO BE PRESCRIBING A MEDICATION. YOU SHOULD ALWAYS CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS BEFORE TAKING ANY SUPPLEMENT OR STARTING ANY HEALTH CHANGE REGIMIN. ALL INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Whole Health Foods LLC, NutritionalCenter.com, and its affiliates explicitly disclaim any responsibility for the accuracy, content, or availability of information provided by or found on third party web sites that have no association with us. When using a link provided from our site to another, you should always use extreme caution and discression concerning the information provided there-in. We cannot warranty any such information, nor can we be responsible for the accuracy, content, legality, or decency of any third party sites. Hereby, you irrevocably waive any claim against us that may arise from the use of any such site.

Price and availability of products and information are always subject to change without notice.

Limitation of Liability

Neither Whole Health Foods LLC, NutritionalCenter.com, nor any of its affiliates, nor any other party involved in creating, producing, or distributing the Site, shall be held, under any circumstances, liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data, or other intangible losses that result from (i) the ability or inability to use the Site, (ii) the accuracy or application of information, (iii) our being a reseller of any products and/or services, (iv) our being a publisher of information, (v) any defective products, (vi) the cost of procurement of any substitute products or goods and services due to transactions, availability, or service, (vii) Unauthorized access to or alteration of any transmissions of data, (viii) statements or conduct of any third party site, (ix) any other matter relating to this site or any linked site.

This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Whole Health Foods LLC, NutritionalCenter.com, or any of its affiliates, and the user. The products, information and services offered on and through this Site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.

Notwithstanding the foregoing, the sole and entire maximum liability of The Whole Health Foods LLC, NutritionalCenter.com, or any of its affiliates and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Whole Health Foods LLC, NutritionalCenter.com, or any of its affiliates on this Site.

You agree to indemnify, defend and hold harmless Whole Health Foods LLC, NutritionalCenter.com, or any of its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this Site.

All products and services offered on or through this Site are provided subject to any applicable tariffs and any accompanying terms and conditions.

Our Rights

We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

Links to Third Party Sites

You may find that there are links contained on our website that will take you from NutritionalCenter.com to another company's website. Any and all of these third party sites are not under the control of Whole Health Foods LLC, and we cannot be held responsible for the content contained therein. We make no warranty as to the accuracy, content, or trustworthiness, or safety in use or transmission of data to or from of any of these sites, nor do we endorse their use or content.

Submissions

We are glad to take any comments, suggestions, materials, ideas, notes, drawings, concepts, or other information ("submissions") regarding the Site. However, it must be made clear that any such submissions shall be deemed, and shall remain, the property of Whole Health Foods LLC. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

Privacy

When you use the Site, some basic and general information is collected. This information is used to help in improving the Site, to ensure you have as good an experience as possible while shopping with us. This information is never sold or otherwise used outside the context of improving NutritionalCenter.com, and in our marketing and advertising efforts. To see our full Privacy Policy, click here.

Termination of Usage

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Usage by Minor

Due to the nature of the World Wide Web, it is unreasonable to expect that Whole Health Foods LLC, NutritionalCenter.com, or any of our affiliates, can prohibit minors from accessing the Site. Therefore, we must trust that parents are going to be responsible for their children, and in supervising them in their use of our Site. It is up to each parent or guardian to assess the appropriate nature of the information the child or teenager is viewing and/or which products they may/may not purchase. Whole Health Foods LLC and NutritionalCenter.com requires that (i) all persons be made by adults 18 years of age or older, and that (ii) all users who provide personal information to Whole Health Foods LLC, or NutritionalCenter.com be older that 18 years of age, or, if under 18, that such information be accompanied by verifiable parental consent.

Applicable Law

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Washington, without reference to its choice of law provisions.

Copyright Complaints

If, for any reason, you suspect that your work has been copied and is accessible in a manner which violates your rights as copyright infringement, you may notify us by providing us with the following information. We respect your proprietary copyright information, and we ask that you do the same. Please submit:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, 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.