Terms & Conditions
You must read and agree to these Terms and Conditions before ordering NutritionMD products. By placing an order for NutritionMD products, You agree to be bound by the following Terms and Conditions:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("I", "You", "Your" or "Customer"), and NutritionMD, the owner and administrator of this Website and all content and functionality contained herein ("Our", "Us", or "Company") (collectively, the "Parties" or "We"). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms", "Terms of Use" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with NutritionMD through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between NutritionMD and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I Agree"; "Place My Order"; "Submit" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" date indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
PRODUCT DISCLAIMER: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that NutritionMD products are not intended or to be used to treat any type of medical condition. WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Credit Card Descriptor
By ordering Products from Us, You authorize Us to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card charge entry will appear as NutritionMD. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department.
Refund Policy
We refund all cases of fraud and unauthorized transactions included shipping and handling charges. Call to obtain a refund. Additional refunds are issued at the discretion of the company.
Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
In order to process your refund, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your refund will be delayed.
Once a refund has been approved please allow for up to 5 days for the refund to be applied.
Depending on the bank that issues the credit card, your refund can take up to five(5) days to appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please call Our Customer Service Department.
Shipping and handling costs are not refundable.
If you choose to enroll in our subscription program only one package is refundable after enrollment. However, we do offer a 100% money back guarantee within the first 30 days of you placing your first order.
Please note, to be eligible for the money back guarantee. You must return the remaining packets you have including the opened one and unopened one.
No refunds will be given for any products past the 30 day refund period. For example, if you enrolled in one of our subscriptions. You can only return 1 packet within the last 30 days from the last shipment.
Please note, our health coaching plan is non-refundable. Health coach sessions must be scheduled within 30 days from your order date. If you do not schedule within 30 days from your the order date, you will lose your health coaching credit and must pay for another one. If you need to reschedule, please let us know at least 3 days before your scheduled date.
Return Policy
In order to obtain your refund, contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send the product back to our fulfillment center at the address listed below, within thirty (30) days of the date you originally ordered the product. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days of the original purchase date. You pay for return shipping. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.
Return Address: NutritionMD, 13157 Mindanao Way #211, Marina Del Rey, CA 90292
Shipping Policy
NutritionMD ships orders primarily through USPS, anywhere in the United States. We will also ship all orders the next day, if they are placed before 11 AM Pacific Time (2 PM ET) Monday – Friday. Transit times exclude Saturday and Sundays and Federal holidays. Payment, receipt, and tracking information are provided via email after orders are completed.
One Time Purchases
NuAlpha (2 Packages) Terms
By placing an order with us you will be charged $156.08 + $0.00 for S&H for 2 packages of NuAlpha. If you are not completely satisfied with your purchase of NuAlpha at any time, please call 000-000-0000 or email support@trynutritionmd.com, Monday - Friday, 9AM - 6PM. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as NutritionMD.
NuAlpha (3 Packages) Terms
By placing an order with us you will be charged $201.36 + $0.00 for S&H for 3 packages of NuAlpha. If you are not completely satisfied with your purchase of NuAlpha at any time, please call 000-000-0000 or email support@trynutritionmd.com, Monday - Friday, 9AM - 6PM. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as NutritionMD.
NuAlpha (5 Packages) Terms
By placing an order with us you will be charged $274.50 + $0.00 for S&H for 5 packages of NuAlpha. If you are not completely satisfied with your purchase of NuAlpha at any time, please call 000-000-0000 or email support@trynutritionmd.com, Monday - Friday, 9AM - 6PM. You will receive your package within 2-5 business days of payment via USPS First Class Mail. I agree that my credit card charge will appear as NutritionMD.
Subscription Options
NuAlpha (2 Packages) Terms
By selecting this subscription, I understand that I will be billed approximately every 30 days for the price of $138.08 along with a new shipment.
NuAlpha (3 Packages) Terms
By selecting this subscription, I understand that I will be billed approximately every 30 days for the price of $178.92 along with a new shipment.
NuAlpha (5 Packages) Terms
By selecting this subscription, I understand that I will be billed approximately every 30 days for the price of $247.70 along with a new shipment.
Easy Cancel for Subscriptions
To cancel your subscription out at any given time, you can simply email us, call us, or use our cancel subscription link. Please note that our easy cancel subscription link does not cancel out previous orders. It only cancels out your subscription from the day of request moving forward.
NutritionMD Health Coach
By purchasing our NutritionMD Health Coach plan, you will be charged $129.95 or $99.95 depending on the plan you select. After you sign up, you will receive an email to schedule with one of our health coaches. Please note, our health coach plan is non-refundable. However, if you call in within 30 days of purchasing online we can provide you with an online credit towards other products. You must call in within 30 days though from the date of purchase or you will not be able to obtain an online credit or exchange for other products.
Health coach sessions must be scheduled within 30 days from your order date. If you do not schedule within 30 days from your order date, you will lose your health coaching and/or online credit and must pay for another one. If you need to reschedule, please let us know at least 3 days before your scheduled date.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NutritionMD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL NutritionMD OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, "CLAIMS") ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. NutritionMD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NutritionMD WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NutritionMD FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. NutritionMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY NutritionMD WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that NutritionMD's entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to NutritionMD in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether NutritionMD was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
REPRESENTATIONS; PRODUCT DISCLAIMERS NutritionMD is committed to improving the well-being of our customers. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. NutritionMD endeavors to provide You with accurate information about Our Products. You understand and agree that the information NutritionMD conveys about our Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). NutritionMD does not warrant or represent that such information is error-free, and NutritionMD does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
NutritionMD does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. NutritionMD makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
YOUR REPRESENTATIONS
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that NutritionMD has the right to rely upon all information provided to NutritionMD by You, and NutritionMD may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, logos, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of NutritionMD or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without NutritionMD's prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law.
LINKS
The Website may provide links to other World Wide Web sites or resources. NutritionMD has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any NutritionMD Website. NutritionMD cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any NutritionMD Website or third-party content on our sites. NutritionMD does not endorse any of the merchandise, nor has NutritionMD taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. NutritionMD does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against NutritionMD with respect to such sites and third-party content. NutritionMD strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither NutritionMD nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from NutritionMD.
FORCE MAJEURE
NutritionMD shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay NutritionMD's performance.
INDEMNITY
You agree to defend, indemnify, and hold harmless NutritionMD, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. NutritionMD shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If NutritionMD does not hear from You promptly, NutritionMD reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning NutritionMD shall be governed exclusively by the laws of State of California, excluding its conflict of law provisions.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER
No waiver of or by NutritionMD shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
NutritionMD reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. NutritionMD does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by NutritionMD in writing, these terms and conditions may not be amended by You.