Terms and Conditions of Use
Welcome to (the "Website"), operated by Flusso Nutrients LLC, a Minnesota limited liability company ("Sponsor", "we", "our", or "us"). These Terms and Conditions of Use (the "Agreement") set forth the terms and conditions which govern your use of the Website. Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website. Sponsor reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. You acknowledge and agree that you will consult with your physician or other healthcare professional if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being, rather than relying on this Website. The Sponsor cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product or service provided on this Website. You bear sole responsibility for your own health and diet research and decisions.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Any information on this Website is provided for educational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you on our Website DO NOT create a dietitian, physician or other patient relationship between you and any of the dietitians or physicians affiliated with our Website. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.
WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES CONNECTED WITH YOU FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE OR YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS COLLECTIVELY WILL BE $500.
You also expressly agree that any claim that you wish to assert against us must be served and filed in a court of law within one year of the facts giving rise to the claim.
Shipping Address Correction Fees
Incomplete or incorrect name/address information on an order is a major cause of delivery delays or non-delivery. Please make sure you verify the accuracy of shipping information before you submit an order. Please make sure you have included ALL necessary information (complete street address, apt#, suite#, etc.) to ensure timely delivery of your package. Because your order will be shipped via UPS or Spee-Dee Delivery to the address you provide, it is extremely important that you give us the most accurate and complete information possible. If a customer error is found after your order has been shipped, you will be fully responsible for any address correction fee billed by UPS or SpeeDee Delivery in order to successfully deliver your package. In some cases, UPS or Spee-Dee Delivery may also charge fees to intercept, reroute, or return a package due to erroneous shipping information. In such cases, those fees will also be charged back if due to customer error.
Please note that if any correction fees related to the delivery of a customer order are incurred due to an error on the part of Flusso Nutrients, there will NOT be any charge-back to the customer.
You shall indemnify and hold harmless Sponsor from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys' fees and expenses of counsel, arising out of, related to or in connection with your use of our Website, your connection to our Website, your purchase of products or services from this Website, your breach of this Agreement, or your violation of any law or the rights of a third party.
You agree that these Terms and Conditions of use and any dispute arising out of your use of this website or products or services provided, will be governed by and construed in accordance with the laws of the State of Minnesota, and any litigation or dispute resolution will be started in and remain in Minnesota.
To the extent that any information is provided through this Website, it is for general informational purposes only and is not intended to constitute or substitute for (i) medical or nutritional advice or counseling from a licensed professional with who you have a patient relationship, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, or (iii) the creation of a physician-patient or clinical relationship. If you have or suspect that you have a medical problem, contact a health care professional promptly. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.