Terms of service

Overview
This website is operated by Access Nutrients US Inc. Throughout the site, the terms “we”, “us” and “our” and “Access Nutrients” refer to Access Nutrients US Inc. Your use of our website at www.accessnutrients.com (the “Website”), including all information, tools and services available from this site, is conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Service.

By visiting our Website and/or purchasing from our online store, you agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access or use the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service with no amendments or alterations.

Any new features or tools which may be added in the future to the Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Outline Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.  Use of the Website is intended for individuals eighteen (18) years of age or older. Individuals under eighteen (18) years of age may not use the Website. 

You may not use the Website (a) for any illegal or unauthorized purpose, (b) to violate any laws in your jurisdiction (including but not limited to trademark or copyright laws), or (c) to transmit any worms or viruses or any code of a malicious or destructive nature.

Section 2 - General Conditions
We reserve the right to refuse access to the Website to anyone for any reason at any time.

You understand that any content or information that you may provide (not including credit card information) may be transferred unencrypted including (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, distribute, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website, without our express written permission.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect the interpretation or application of these Terms of Service.

Section 3 - Accuracy, Completeness and Timeliness of Information
The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions, including decisions regarding your health, without consulting primary sources of information. Any reliance on the material on the Website is at your own risk.  In the event of a pricing error on the Website, orders made at the incorrect price may be cancelled in our discretion.  We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. It is your responsibility to monitor changes to the Website.

Statements on the Website have not been evaluated by the Food and Drug Administration (FDA) or any other government agency.  The products on the Website are not intended to diagnose, treat, cure, or prevent any disease.

Section 4 - Modifications to the Website and Prices
Prices for products made available through the Website are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.

Section 5 - Products or Services
Products listed on the Website may have limited quantities and no guaranties are made as to availability.  All products purchased through the Website are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the images of products that appear on the Website.  However, we cannot guarantee that the appearance of the products or packaging of materials will not change over time; therefore, any products that you order may be in different packaging or have a different appearance than displayed on the Website.  

We reserve the right, but are not obligated, to limit the sales of our products or services in any respect, including without limitation available quantities or sales to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis as determined in our sole discretion. All descriptions of products or product pricing are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made through the Website is void where prohibited.

Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any orders in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 - Trademarks and Copyrights
All content on the Website (including without limitation all photographs, text, graphics and designs) is the property of Access Nutrients or is used with permission from the owner of such content.  You may not copy, distribute, perform, prepare derivative works from, reverse engineer, or otherwise use any content from the Website without the express written permission of Access Nutrients or the owner of such content.

Section 8 - Third-Party Links
Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Feedback and Submissions
If you submit ideas, suggestions, proposals, plans, content, or other materials to us, whether solicited or unsolicited and whether online, by email, by postal mail, or otherwise (collectively, “User Materials”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in our discretion, in any medium and for any purpose, any User Materials that you provide to us. We are and shall be under no obligation (1) to maintain any User Materials in confidence; (2) to pay compensation for any User Materials unless otherwise agreed in writing; or (3) to respond to any User Materials.

You agree that User Materials you submit will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Materials. You are solely responsible for any User Materials you submit and their accuracy. We take no responsibility and assume no liability for any User Materials provided by you or any third-party.

Section 10 - Personal Information
Your submission of personal information through the Website, and our use of such information, is governed by our Privacy Policy. 

Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on the Website that contains errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, or other elements of the Website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.

Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free or that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly provided in a separate written warranty) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Access Nutrients, our managers, members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Access Nutrients and our parent, subsidiaries, affiliates, partners, officers, managers, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference,  your submission of any User Materials, or your violation of any law or the rights of a third-party.

Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

Section 16 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us through the Website or in respect to the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law; Jurisdiction
These Terms of Service and any separate agreements related to the Website shall be governed by and construed in accordance with the laws of the State of Colorado, in the United States.  Any legal action brought pursuant to these Terms of Service or otherwise arising in connection with the Website may be brought only in the courts of the State of Colorado, USA, and you hereby consent to exclusive personal jurisdiction and venue in such courts.

Section 19 - Changes to Terms of Services
You can review the most current version of the Terms of Service at any time at this page.  The current Terms of Service are effective as of November 1, 2019.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information
Questions about these Terms of Service should be sent to us at amy@accessnutrients.org or by mail to 921 Walnut Street | Suite 200 | Boulder, CO 80302.