Nutritional Growth Solutions
NGS reserves the right to change or modify this Agreement and/or any policy or guideline of the Site at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies on the Site to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, please do not use the Site.
If you have any questions about the use of the Site, please send them to [email protected]
- user and third party content. Some areas of the Site may include discussion forums, user reviews, or other interactive areas or community features ("Interactive Areas") in which you or other users create, post or store content, comments, messages, statements, slogans, materials, data, information, text, music, sound, photographs, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and for the User Content you post. By using the Site, including without limitation any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, vulgar, sexually explicit, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that includes or incorporates any identifiable reference to any third-party person or entity (including, without limitation, names, nicknames, trade names, brands, slogans, trademarks, logos, images, drawings, photographs, videos, or likenesses (visual, aural, or otherwise)) without such third-party person or entity's written permission;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to display, distribute and reproduce such User Content and to grant NGS the rights granted in these Site Terms;
- User Content that displays, describes or encourages usage of any NGS products in a manner that could be offensive, inappropriate or harmful to NGS or any user or consumer;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
- User Content that, in the sole judgment of NGS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose NGS or its users to any harm or liability of any type.
NGS takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is NGS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, deceptive practices, obscenity, pornography, sexually explicit material, profanity or other harmful material you may encounter. YOUR USE OF ANY USER CONTENT AND INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, NGS is not liable for any statements, representations or User Content provided by its users. Although NGS has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, NGS reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Except as otherwise provided herein, on the Site or in a separate agreement NGS claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant NGS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites.
- Trademarks. NGS, the NGS logo, HealthyHeight, the HealthyHeight logo, and any other product or service name or slogan contained in the Site are trademarks of NGS and may not be copied, imitated or used, in whole or in part, without the prior written permission of NGS. You may not use any metatags or any other "hidden text" utilizing "Nutritional Growth Solutions", “Healthy Height” or any other name, trademark or product or service name of Nutritional Growth Solutions without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NGS and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by NGS.
- PRICES. Unless otherwise expressly approved in writing by Buyer, prices for all Products and Services are as noted in the online purchase interface and may not be changed without the prior written consent of both parties. Buyer shall also be obligated to pay any and all properly assessed taxes, duties, or other fee imposed by a governmental authority in connection with each Purchase Order.
- TERMS OF PAYMENT. Buyer shall pay all amounts due for Products or Services purchased hereunder at the time of purchase, via credit card, to be processed by a third party payment processor acting as Seller’s agent. By submitting your credit card for payment, you expressly agree and understand that your credit card information will be processed by our designated third party agent, who shall be solely liable for all compliance with laws regarding payment processing. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize our third party payment processor to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order. Recurring purchase orders will be submitted for payment processing on the credit card or other payment method of file for each Buyer on the schedule set forth in the recurring payment schedule.
- SHIPPING AND DELIVERY. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export. Product availability on our Site is not guaranteed as it may be low in stock. If the ordered Products are not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting NGS Customer Service at [email protected] You will receive a shipping confirmation e-mail once your items have shipped.
- Governing Law. This Purchase Order and the transactions contemplated hereby shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware without regard to its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this Agreement or any purchase or sale made hereunder.
- miscellaneous. The invalidity, illegality or unenforceability, in whole or in part, of any provision, term or condition hereof shall not affect the validity and enforceability of the remainder of such provision, term or condition or of any other provision, term or condition, and, to the extent possible, such invalid, illegal or unenforceable provision shall be replaced by a provision most nearly reflecting the fundamental objectives of the original provision. Each individual Purchase Order may not be amended except by written agreement of Seller and Buyer expressly referring hereto. Notwithstanding any provision hereof, for all purposes of this Purchase Order each party shall be and act as an independent contractor and not as a partner, employee, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract.
- ASSIGNMENT. Buyer’s rights and obligations hereunder may not be assigned or otherwise transferred without Seller’s express prior written permission. Seller may assign its rights and obligations hereunder to any successor in interest to all or substantially all of its assets or business to which this Purchase Order relates.
THE PURCHASE OF PRODUCTS OR SERVICES HEREUNDER IS EXPRESSLY CONDITIONED UPON AND SUBJECT TO SELLER'S ASSENT TO ALL TERMS AND CONDITIONS SET FORTH HEREIN.