Terms Of Use

TERMS OF USE
Last updated December 20, 2018
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Nutrients Etc (“Company“, “we”, “us”, or
“our”), concerning your access to and use of the  https://www.nutrientsetc.com  website as
well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that
by accessing the Site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms of Use at
any time and for any reason. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific notice
of each such change. It is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
 
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
The
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the
Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in
these Terms

of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content
and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you
have the legal capacity and you agree to comply with these Terms of Use; (4) you are
not a
minor in the jurisdiction in which you reside; (5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
 
USER REGISTRATION
 
 
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
 
PRODUCTS
We make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the Site. However, we do not
guarantee that the colors, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your electronic display
may not accurately reflect the actual colors and details of the products. All products are
subject to availability,
and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard

– American Express
– Discover
 
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account and
payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider
for any such amounts upon placing your order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions
may include orders placed
by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
 
RETURN/REFUNDS POLICY
 
 
Please review our Return Policy posted on the Site prior to making any purchases.
 
 
 
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.

8. Make improper use of our support services or submit false reports of abuse or
misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering and extraction
tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm
another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using
or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
 
USER GENERATED CONTRIBUTIONS
 
 
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions may be
viewable by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site Privacy Policy.
When you create or make available any Contributions, you thereby represent and
warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing,
    downloading, or copying of your Contributions do not and will not infringe the proprietary
    rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
    rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents,
    releases, and permissions to use and to authorize us, the Site, and other users of the Site to
    use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable
    individual person in your Contributions to use the name or likeness of each and every such
    identifiable individual person to enable inclusion and use of your Contributions in any manner
    contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
    pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
    slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite,
    encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from
    anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent
    manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or
    otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race,
    national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision
    of these Terms of Use, or any applicable law or regulation.
     
     
    Any use of the Site or the Marketplace Offerings in violation of the foregoing violates
    these Terms of Use and may result in, among other things, termination or suspension of
    your rights to use the Site and the Marketplace Offerings.
     
     
    CONTRIBUTION LICENSE
     
    You and Site agree that we may access, store, process, and use any information and
    personal data that you provide following the terms of the Privacy Policy and your choices
    (including settings).
    By submitting suggestions or other feedback regarding the Site, you agree that we can
    use and share such feedback for any purpose without compensation to you.
    We do not assert any ownership over your Contributions. You retain full ownership of all
    of your Contributions and any intellectual property rights or other proprietary rights
    associated with your Contributions. We are not liable for any statements or
    representations in your Contributions provided by you in any area on the Site. You are
    solely responsible for your Contributions to the Site and you expressly agree to
    exonerate us from any and all responsibility and to refrain from any legal action against
    us regarding your Contributions.

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site or the Marketplace Offerings (“Submissions”) provided
by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the Site in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:  https://www.nutrientsetc.com/privacy-policy . By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site and the Marketplace
Offerings are hosted in _. If you access the Site or the Marketplace Offerings
from any other region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in _
, then
through your continued use of the Site, you are transferring your data to _,
and you expressly consent to have your data transferred to and processed
in _
.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or
for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or discontinue all
or part of the Marketplace Offerings without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or discontinuance
of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all
times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or
the Marketplace Offerings at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site or the Marketplace Offerings during any downtime
or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of
Use will be construed to obligate us to maintain and support the Site or the Marketplace
Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are
governed by and construed in accordance with the laws of the State of North Carolina
applicable to agreements made and to be entirely performed within the State of North
Carolina, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number of arbitrators
shall be _. The seat, or legal place, or arbitration shall be _. The
language of the proceedings shall be _. The governing law of the contract shall
be substantive law of _
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. The the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-
action basis or to utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning
the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.

CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A

PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use; (4) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. 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 BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
CALIFORNIA USERS
AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms of Use shall
not operate as a waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Nutrients Etc
832 Hendersonville Road
Asheville, NC 28803
United States
Phone: 828-281-0188
john@docbiddle.com
These terms of use were created using Termly’s Terms and Conditions Generator.