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Terms and Conditions
Terms and Conditions
Article 1: Introduction
Welcome to nutralinea-usa.com hosted by NutraLinea, Inc., a Miami incorporation (hereafter also referred to as “NutraLinea” “we” and “us”). Please review the following terms and conditions concerning your use of and access to the NutraLinea website (referred to hereafter as, the “Website”). By accessing, using, purchasing or downloading any goods, materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
Important Notice: YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY SUPPLEMENT. The health, nutrition and fitness information provided through the Website are broad in nature and in scope, for informational purposes only and are not meant to be a substitute for the advice provided by your doctor or other health care professional. The claims made about products available via the Website have not been evaluated by the Food and Drug Administration. Dietary supplements available via the Website are not intended to diagnose, treat, cure or prevent diseases. For personal healthcare information and advice and before revising your health, nutrition or fitness strategies, please consult your physician or other professional healthcare advisor who is familiar with your personal circumstances. We do not guarantee that the content or products available through the Website are safe and appropriate for every individual. You should read carefully all product packaging prior to consumption and use. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your doctor or healthcare professional regarding any interactions between any medication you are currently taking and dietary supplements.
Changes to the Terms & Conditions
We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems.
You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions.
Article 2: Limited license to use the website/service
- Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and NutraLinea (including any payment terms), NutraLinea hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Website/Service (collectively, “NutraLinea Software”). NutraLinea reserves all other rights in NutraLinea Software not expressly granted to you in the Terms. You may not use NutraLinea Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party’s use and/or enjoyment of the software application or platform (or any server or networks connected thereto).
- Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the NutraLinea Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute NutraLinea Software to any third party; or (c) use the NutraLinea Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms and Conditions. You acknowledge and agree that portions of the NutraLinea Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of NutraLinea and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the NutraLinea Software provided in object code or any other NutraLinea products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Article 3: Applicability
- These general terms and conditions apply to every offer from the merchant and to every distance contract concluded between merchant and consumer.
- Where reference is made in these general terms and conditions to “consumer”, this should be understood to mean any natural person, older than 18 years, who is not acting for purposes relating to his trade, business, craft or professional activity. We do not accept users who are under the age of 18. By using the website or service or submitting any inquiries, orders or information to us, you represent and affirm that you are at least 18 years old.
- Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, the merchant will indicate how the terms and conditions can be inspected at the merchant and that they will be sent free of charge as soon as possible at the consumer’s request.
Article 4: The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the merchant uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the merchant.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5: Information, advice and use
- Information and advice provided/offered by us are of a general nature and without obligation. This information and advice are therefore in no way binding on us, unless the contrary has been explicitly and unambiguously stated in writing.
- Before using the delivered goods, the consumer is obliged to read the information and advice provided by the manufacturer.
- You have the opportunity to contact us with any questions you may have about NutraLinea products by emailing firstname.lastname@example.org. Please do not send us any medical, therapeutic or treatment questions. NutraLinea does not provide medical advice, and we urge you to contact your doctor or other health care professional if you feel you require medical advice or treatment.
Article 6: Realisation of the agreement
- The purchase and sale agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
- The order confirmation sent by the merchant to the consumer is deemed to fully and correctly reflect the content of the agreement concluded. The consumer is deemed to agree with the contents of the order confirmation, unless he immediately after the order confirmation indicates to us that he does not agree with its contents.
- If the agreement is concluded electronically, the merchant takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the merchant will take appropriate security measures.
- At the latest upon delivery of the product to the consumer, the merchant will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the merchant where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal;
- the price including all taxes of the product;
- where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract.
Article 7: Terms of sale
- All NutraLinea product sales from the Website are governed by any terms of sale that are posted on the Website. Prices and offers are subject to change. You should refer to our terms of sale to learn more about our return policy, and shipping terms located at https://nutralinea-usa.com/shipping-and-delivery/.
- By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in NutraLinea’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping sections of the Website.
Article 8: Prices
- The prices displayed on this site are quoted in U.S. dollars and are valid and effective only within the United States.
- The prices mentioned in the product range are exclusive of sales tax (VAT).
- Taxes are calculated during checkout and will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
- After the conclusion of the agreement, no price changes will be made unless the change is the result of a statutory regulation or provision.
Article 9: Order and delivery
- Deliveries of the products are only made on express order, unless otherwise agreed between the merchant and the consumer.
- Whatever is sent unsolicited may be kept by the consumer at will free of charge or returned, unless there is an obvious mistake, or the shipment is attributable to the consumer. In that case and as far as its nature allows, the consumer will keep the goods and documents at the disposal of the merchant. The consumer will do or refrain from doing everything that the reasonableness and fairness requires.
- The merchant will take the greatest possible care in receiving and in the execution of orders of goods.
- The place of delivery is the consumer’s home address that was last made known to the merchant, unless otherwise agreed.
- The merchant will carry out all accepted orders within the specified delivery times, provided that all information necessary for the execution of the order is in her possession and she has received payment of the purchase price.
- Delivery times will be extended by the time during which the consumer has left any amount due unpaid after it has become due and payable.
- Delivery times may also be delayed if one or more items are (temporarily) out of stock. If an order cannot be carried out or can be carried out in part or in writing, the consumer will be notified of this in writing, by e-mail or by telephone.
- The risk of damage and/or loss of goods rests with the merchant up to the moment of delivery to the consumer or a previously appointed and announced representative, unless otherwise agreed.
Article 10: Payment
- The consumer undertakes to pay the purchase price using one of the payment methods offered on the website.
- The amounts owed by the consumer must be paid within fourteen days after placing the order.
- If the consumer remains in default in accordance with the above, the order will lapse.
- The consumer has the duty to inaccuracies in provided or stated (payment) data immediately to the merchant to report.
- Regulations of any authority, which prevent the use of the goods to be delivered or already delivered, do not change the financial obligations of the consumer.
- The consumer’s right to set off any claims he may have against the merchant is excluded.
- If the consumer does not meet his payment obligation(s) on time, after the proprietor has drawn his attention to the late payment and the proprietor has given the consumer a period of 14 days in which to still meet his payment obligations, after failing to pay within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the proprietor is entitled to charge any extrajudicial collection costs he has incurred.
- The amounts due and payable by you for any product that you purchase through the Website (including any applicable shipping charges and taxes) will be presented to you before you place your order. If you place an order for any products via the Website, you agree
- that NutraLinea may charge your credit card for verification, pre-authorization and payment purposes, and
- to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
- We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover, and JCB. We also accept PayPal. You’ll receive a confirmation email after we confirm the payment for your order and you will be charged once your order ships. Your order is not binding on NutraLinea until accepted and confirmed by NutraLinea. We reserve the right to limit the order quantity on any product, to elongate the delivery timeline for any reason after the order has been placed, and/or refuse to ship product to any customer for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with NutraLinea. NutraLinea reserves the right to not process or cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances NutraLinea deems appropriate in its sole discretion. NutraLinea also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. NutraLinea will either not charge you or refund the charges for orders that we do not process or cancel. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. In the event that a refund is issued, it can only be issued to the original form of payment.
Article 11: Quantity limitations and resale prohibitation
- NutraLinea reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers.
Article 12: Shipping costs
- All prices are excluding shipping costs, unless otherwise stated.
Article 13: Right of withdrawal
- The consumer can dissolve an agreement regarding the purchase of a product for a period of 30 days without giving reasons. The merchant may ask the consumer for the reason for withdrawal, but does not oblige the consumer to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The merchant may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 14: Exercise of the right of withdrawal by the consumer and costs thereof
- If you are not completely satisfied with your order we can offer a refund providing that goods are returned to us within 30 days of purchase. Please check https://nutralinea-usa.com/returns/ for a return authorization. We aim to handle your returns within 10 working days of receiving the goods. Please note that if you have purchased your products via one of our retailers you will need to arrange your return or exchange with them directly
- If the consumer makes use of his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the merchant .
- As soon as possible, but within 30 days from the day following the notification referred to in paragraph 2, the consumer returns the product, or hands it over to (an authorized representative of) the merchant. This is not necessary if the merchant has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the merchant has not reported that the consumer has to bear these costs, or if the merchant indicates to bear the costs himself, the consumer does not have to bear the costs of returning the product.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 15: Obligation of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for any reduction in the value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in value of the product if the merchant has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 16: Obligations of the merchant in the event of withdrawal
- If the merchant’s notification of withdrawal by the Consumer is made possible electronically, he shall immediately send a confirmation of receipt upon receipt of this notification.
- The merchant shall reimburse all payments made by the Consumer, including any delivery costs charged by the merchant for the returned product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless the merchant offers to collect the product himself, he may wait until he has received the product or until the Consumer demonstrates that he has returned the product, whichever time is earlier.
- The merchant shall use the same means of payment that the consumer has used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the merchant does not have to reimburse the additional costs for the more expensive method.
Article 17: Complaints procedure
- The merchant has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the merchant within a reasonable time after the consumer has discovered the defects, complete and clearly described.
- Complaints submitted to the merchant within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the merchant will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- Consumers can report complaints to us via e-mail email@example.com.
- The consumer should give the merchant at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 18: Disputes
- Agreements between the merchant and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
Article 19: Information provided on the website
- We attempt to ensure that information on the website is complete, accurate and current. Despite our efforts, certain information on the website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our website. We reserve the right to amend the website/service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on the website are subject to change at any time without notice.
- The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Article 20: Account
- In order to utilize certain services offered by the Website, you may need to create a customer account. By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
- In connection with your creation of a customer account, you agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
- By creating a customer account, you consent to receive electronic communications from NutraLinea either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
- We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal and international laws.
Article 21: Additional or different provisions
- Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 22: Intellectual property rights
Except where expressly stated otherwise, NutraLinea, Inc. is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
Article 23: Copyright and trademark infringement notice
NutraLinea respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Website and Services. If you believe any material on our site constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright or trademark infringement notification must be a written communication.
Copyright or Trademark Infringement Notifications should be addressed as follows: firstname.lastname@example.org
Article 24: No agency relationship
Except where provided for in a separate agreement with NutraLinea, Inc., no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, NutraLinea, Inc. is not acting and does not act as an agent for any user or visitor of the Website or Service.
Article 25: Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS,” AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, NUTRALINEA, INC. HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR SITE AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF NUTRALINEA PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Article 26: Indemnification
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NUTRALINEA, INC., OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL NUTRALINEA, INC. OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
Article 27: Conflicts
Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
Article 28: Severability
Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.
Article 29: Arbitration agreement & class action waiver
You and NutraLinea, Inc. agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to the Website or Service, any transaction or relationship between us resulting from your use of the Website or Service, communications between us, or the purchase, order, or use of NutraLinea products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and NutraLinea, Inc. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and NutraLinea, Inc. further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration with AAA, NutraLinea, Inc. will promptly reimburse you for any standard filing fee which may have been required by AAA once you have notified NutraLinea, Inc. in writing and provided a copy of the arbitration demand. However, if NutraLinea is the prevailing party in the arbitration, NutraLinea, Inc. shall be entitled to seek and recover its attorneys’ fees and costs subject to the arbitrator’s determination and applicable law. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against NutraLinea, Inc. and may not preside over any kind of representative or class proceeding against NutraLinea, Inc., its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST NUTRALINEA, INC., ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY
Article 30: Governing law & exclusive venue
Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of Florida. Subject to the Arbitration Agreement and Class Action Waiver, any non-covered disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website or Service shall be subject to the exclusive jurisdiction of and must be brought in the state and federal courts located in Miami-Dade County, Florida. By using the Website or Service, you agree to the exercise of jurisdiction over you by the foregoing courts.
Article 31: Miscellaneous
You may not assign these Terms & Conditions without the prior written approval of NutraLinea, Inc.. Any purported assignment in violation of this section shall be void. NutraLinea, Inc. reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are expressly reserved by NutraLinea, Inc..
Identity of the merchant
Operating under the name: NutraLinea
100 SW 10th Street, Suite 908
Miami, Florida 33130
Terms & Conditions last modified on May 2020.