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Terms and Conditions
By using the Website you accept, agree and consent to be bound and abide by these Terms of Use. These Terms of Use govern access and use of www.earthsbounty.com and any sub-domains owned or operated by Matrix Health Products, Inc, dba Earth’s Bounty (we, Company); a Florida corporation whether as a guest or a registered user. If you do not agree to these Terms of Use you must not access or use the Website.
No Medical Advice
Unless specifically indicated, statements on this website have not been evaluated by the Food and Drug Administration. Products offered on this website are not intended to diagnose, treat, cure, or prevent any disease. The Website or any third-party website links are for educational purposes only, and not intended to replace the advice of your health professional. No medical advice or diagnosis of any illness is given. No information given throughout the website is intended or should be used as a substitute for conventional medical service.
If you are taking any medication or are under treatment for any health condition or disease, please consult your health care professional about potential interactions or other possible complications before taking any dietary supplements. If you are pregnant or lactating, please consult with your health care professional before taking any medication or dietary supplements.
Product ratings and or reviews on the Website are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Website regarding recommendations for supplements for any health purposes.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Please check back here each time you access the Website.
Eligibility
The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements.
No Commercial Use
The Website is solely for your and your family’s personal usage, and not for any commercial or resale usage whatsoever. We reserve the right to cancel or modify any order we deem to be in violation of this policy and terminate the account.
Prohibited Usage
In addition to other prohibited uses herein, you are prohibited from using the Website (or any parts thereof) for: (a) any unlawful purposes, in any jurisdiction, whatsoever, (b) to solicit for any commercial business or entity, (c) to harass, abuse, or discriminate based on gender, sexual orientation, religion, race, age, national origin or disability, (d) to upload or transmit viruses or any type of malicious code that may in any way affect the functionality or operation of the Website (or links associated therein), (e) to or attempt to collect or trace personal informing, (f) spam, phish, spider, crawl, and the like,(f) to interfere, in any way, with the operation or security of the Website, related websites and links.
Intellectual Property
The Website and its entire contents including but not limited to all written, any graphics or images of any form are owned by Earth’s Bounty (or other providers of such material) and are protected by United States and international copyright, trademark, and other intellectual property laws.
Trademarks
The term “Earth’s Bounty” and specific product names, logos, trade dress and related names, slogans, and designs are trademarks of Earth’s Bounty or its affiliates or licensors. You must not use such marks without the prior written permission from Earth’s Bounty. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Access and Accuracy
Earth’s Bounty reserves the right to withdraw or amend any service, discount, offer or material on the Website at any time. The Website or any part thereof or functionality in whole or in part may not be available for any period of time. While we strive for accuracy, occasionally we cannot be held liable for any typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, processing or shipping times on the Website.
Earth’s Bounty has the right to refuse service to anyone for any reason at any time. We may disable any username or password at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Privacy & Accessibility
Your privacy is important to us. Learn about our Privacy Policy or our California Privacy Policy.
It is important to us that all people can access our website. Learn about our Accessibility.
User Contributions
The Website may allow you to post or otherwise write reviews, comments or rate products or services from Earth’s Bounty. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website you grant Earth’s Bounty the right to use, reproduce, edit, distribute and otherwise disclose to third parties any such material for any purpose.
Earth’s Bounty has the right to remove or refuse to post or edit or redact any User Contributions deemed inappropriate or violates any part of the Terms of Use or makes any medical claim.
Earth’s Bounty does not review User Contributions prior to being posted on the Website. We shall remove any objectionable material once we are made aware of it in a timely manner.
Guarantee Policy
All Earth’s Bounty products are guaranteed to the original purchaser, forever. The item may be returned, exchanged or refunded. To initiate a return, (a) you must email us at returns@earthsbounty.com, (b) tell us the name of the product, (c) lot number, (d) reason for the return, and (e) if you would like a replacement, exchange or refund. You must have: (1) actually purchased a genuine Earth’s Bounty product, (2) from an authorized Earth’s Bounty reseller, (3) if not purchased directly from us, please supply a copy of the invoice or receipt showing the price paid. Shipping charges are not refundable. If an item is returned because it did not work, or was not satisfactory, we will not issue another refund to the same individual for the same product.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $250.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by product samples you ordered through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the County of Flagler. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Matrix Health Products, Inc, dba Earth’s Bounty with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
For any comment or concerns about any part of our Terms of Use contact us at: Earth’s Bounty, 712 S. Ocean Shore Blvd., Flagler Beach, FL 32136 or info@earthsbounty.com
