Terms of Service

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to be bound by these Terms and to follow all applicable laws, you should leave the Site immediately.

1. AGREEMENT BETWEEN YOU AND NUTRAMETRIX.ORG

These Terms apply to nutrametrix.org and its related sites including. These Terms do not apply to the content of third party Web sites. In the event that any of the terms contained herein conflict with any other terms or any conditions, policies, guidelines or notices contained on, or applicable to, any particular portion of the Site or any Service, these Terms shall control.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site, unless otherwise noted. If another Privacy Policy is provided on a particular portion of the Site, then that privacy policy will govern your visit to that particular portion of the Site.

3. INTENDED AUDIENCE

This site is not intended for use by persons under the age of 18.

4. ELECTRONIC COMMUNICATIONS

When you visit this Site or send e-mail to nei@nutraMetrix.org you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. PURCHASE TERMS

You are responsible for providing a valid credit card number at time of purchase. You represent and warrant that you are an authorized user of the credit card. You are responsible for payment of all applicable federal, state/province, local and city taxes and for payment of all shipping and handling charges. All applicable taxes and shipping and handling charges will be included on your order invoice.

6. THIRD PARTY BUSINESSES

The Site contains links to the sites of resources, published articles, journals, news, and certain other third-party literature and businesses that offer products and/or services from a third party Web site that is accessed through a link on the Site. Because we have no control over the content of linked-to sites or the quality of the goods or services offered by third parties through linked-to sites, you acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties or the content on, or the availability of, their Web sites. You acknowledge and agree that we are not be responsible or liable to you in any manner, directly or indirectly, for the actions, products or services of, or the content provided by, these or any other third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any third party and/or the quality of any goods or services offered by any third party through a linked-to Web site, through the Site, or otherwise.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NUTRAMETRIX, MARKET AMERICA NOR THEIR INDEPENDENT DISTRIBUTORS, HEALTH PROFESSIONALS, LINKED-TO MERCHANTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (v) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SITE EVEN IF NUTRAMETRIX, MARKET AMERICA, THEIR EMPLOYEES, INDEPENDENT DISTRIBUTORS, HEALTH PROFESSIONALS OR LINKED-TO MERCHANTS, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. COPYRIGHT COMPLAINTS

We respect the intellectual property of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of the location on the Site of the material that you claim is infringing;
  • Your address, telephone number, and e-mail address;
  • 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;
  • 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.

Our agent for notice of copyright or other intellectual property infringement can be reached as follows:

By email: copyrights@marketamerica.com

9. CHOICE OF LAW AND VENUE

Any dispute that may arise between you and nutraMetrix and/or Market America, including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the State of North Carolina, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Site.

10. INDEMNIFICATION

You agree to indemnify and hold nutraMetrix, Market America and their parents, subsidiaries, affiliates, officers, employees, Health Professionals and Independent Distributors harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of, conduct on or content provided to the Site.