NutriGenomyx, Inc.
d/b/a Appletree Vitamins
www.AppletreeVitamins.com
Terms of Use Agreement
(Last Updated 08/29/2016)
A. Intro: Use of Website
B. Health Related Information; No Professional or Medical Advice
C. Modifications
D. Submission of Info and/or Materials
E. Links; Third Party Websites
F. Purchases; Sale of Products
G. Indemnity
H. Disclaimer of Warranties; Limitations of Liabilities
I. Liability Restrictions
J. Domestic Use/ Export Restriction
K. Translation Disclaimer
L. Governing Law; Enforcementof Terms and Conditions/Jurisdiction
M. User Content and Conduct
N. Intellectual Property Rights; Copyright; Trademarks
O. Social Media
P. Site Usage; Termination of Usage
Q. Severability; Interpretation
R. Notice; Entire Agreement
S. How to Contact Us
A. Introduction:Use of Web Site
By using this web site (collectively referred to in these Terms of Use as our "Site") you agree to be bound by the terms set forth herein.NutriGenomyx, Inc. (d/b/a and hereinafter referred to as Appletree Vitamins) reserves the right, in its sole discretion, to make changes to our Site, these website usage terms and conditions, the policies and conditions that govern the use of our Site and/or any individual's access to our Site at any time, or to terminate our Site without notice.
It is recommended that you, as a user of ourSite, read these terms and conditions each time you enter the www.AppletreeVitamins.com site for any updates or changes. Your continued access or use of our Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by these Terms and Conditions, you may not use, and must immediately cease your use of, the www.AppletreeVitamins.com site. When you access ourSite, you also acknowledge that you have read and agree to abide by the terms described in our Privacy Policy;which is hereby incorporated into and made part of this Agreement.
These terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of our Site for a reasonable period of time after such changes are made that these Terms have been updated and by changing the Last Updated date at the top of this webpage.
When using particular services, features or making purchases on our Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time.
The entire contents of our Siteis copyrighted under United States law. Materials from the www.AppletreeVitamins.com World Wide Web site may not be copied, distributed or transmitted in any way without prior written consent of Appletree Vitamins. Users of our Site MAY download one copy of any and all materials on our Site for personal, non-commercial use provided that they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice.Appletree Vitamins reserves complete title and full intellectual property rights for materials downloaded from the Site.
All material on ourSite is provided for lawful purposes only. You agree not to use the material on ourSite for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of any other party, or that violates any federal, state, or local law. You agree that Appletree Vitaminsmay, in its sole discretion, terminate your access to our Site, without notice, if we believe you have in any way violated our Terms of Use.
B. Health-Related Information; No Professional or Medical Advice Provided by Appletree Vitamins
The information contained in the AppleTreeVitamins.com Site(directly or via linking to third-party sites by health care or nutrition professionals) is provided for general knowledge and informational purposes only and IS NOTintended to substitute for the advice provided by your physician or other health care professional. You should not use the information available on or through the AppletreeVitamins.com Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Appletree Vitamins) for diagnosing or treating a health problem or disease, or prescribing any medication.
You should NOT use the information or services on our Site for the diagnosis or treatment of any health issue or for prescription of any medication or other treatment. Appletree Vitamins has not confirmed the qualifications of any third party who may provide information through our Site, even if that third party lists his/her qualifications.
As a result, you shouldalways consult with YOUR physician or healthcare professional if you have health-related questions before using any products or relying on any information you obtain on our Site, and carefully read all information provided by the manufacturer of a product and/or any product label or packaging, before using any nutritional, herbal, and/or homeopathic product, and/or before starting any diet or exercise program, and/or before adopting any treatment for a health issue.
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 healthcare professional regarding any interactions between any medications (prescription or otherwise) or current supplements you are taking and homeopathic, herbal, or nutritional supplements.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. Please read our Healthcare Disclaimer Policy.
When you access our Site, you also acknowledge that you have read and agree to abide by the terms described in our Healthcare Disclaimer Policy, which is hereby incorporated into and made part of this Agreement.
C. Modifications
Appletree Vitamins reserves the right to modify or discontinue, temporarily or permanently, the www.AppletreeVitamins.com Website as a whole and/or any or all of ourSite features, products, prices of products, services or information appearing on, or available through, any or all of ourSite with or without notice to you. You agree that Appletree Vitamins shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on our Site or the Website itself.
D. SubmissionOf Information and/or Materials
Other than personally identifiable information, which is addressed under our Privacy Policy, any information, including but not limited to remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Appletree Vitamins through this site is the exclusive property of Appletree Vitamins.
The user acknowledges the originality of any submission communicated to Appletree Vitamins and accepts responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself, if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate.
Appletree Vitamins is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. Except as may be provided in the Privacy Policy, any information or materials submitted to Appletree Vitamins will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you nor to compensate you for any such information in any way. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by Appletree Vitamins shall in no way impair the right of Appletree Vitamins to contest the validity of your patent, trademark or copyright.
E. Links; Third Party Websites
The www.AppletreeVitamins.com Website provides links to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Appletree Vitamins is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of our Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Appletree Vitamins shall NOT be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.
F. Purchases; Sale of Products
You may be provided with the opportunity to purchase products and/or services through the www.AppletreeVitamins.com Website and/or from third party websites linked to ourSite. Products and/or services purchased through third-party web sites are subject to the terms and conditions of such other parties and their websites, and Appletree Vitamins shall have no liability or responsibility theretofore.
If you make a purchase on our Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made a part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
G. Indemnity
You agree to indemnify and hold Appletree Vitamins and our parents, affiliates (and their franchisees and licensees), subsidiaries, officers, owners,agents, directors, employees, successors and assigns, harmless from any and all claims, losses, demands, causes of action, expenses, damages and costs, including any reasonable attorneys' fees, made by any third party due to or arising out of your use of or your conduct on our Site, your connection to our Site, any activity related to your account by you or any other person, any material that you submit to, post or transmit through our Site, your breach of this Agreement, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
H. Disclaimer of Warranties; Limitation of Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT:
USE OF OURWEBSITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, APPLETREE VITAMINS, ITS PARENT, SUSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND OTHER REPRESENTATIVES (Collectively, The Appletree Vitamins Parties) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Appletree Vitamins Parties and its affiliates make no warranty, express or implied, that ourSite or any services, products, or information obtained on or through ourSite will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does The Appletree Vitamins Parties or its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of ourSite or any services, products or information obtained on or through ourSite or as to the accuracy, completeness or reliability thereof. Appletree Vitaminsmakes no commitment to update or correct any information that appears on ourSite or any Website linked hereunder.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from ourSite is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. The Appletree Vitamins Parties is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Appletree Vitamins or its suppliers be liable for any damages or injuries that result from the use of the materials on ourSite.
The Appletree Vitamins Parties and its affiliates make no warranty regarding any goods or services purchased or obtained through or from ourSite or any transactions entered into through the Site. No advice or information, whether oral or written, obtained by you from The Appletree Vitamins Parties or through or from any service or product on ourSite shall create any warranty not expressly stated herein.
All products and services purchased on or through our Site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. The Appletree Vitamins Parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
Appletree Vitamins may make changes to its Site design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Appletree Vitamins. The Appletree Vitamins Parties does not endorse those sites and is not responsible for the content of such other sites. Please read our policy governing such Links.
Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
I. Liability Restrictions
You agree that The Appletree Vitamins Parties shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use our Site or any services, products or information obtained on or through our Site, even if Appletree Vitamins or its affiliates have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through our Site; linking to any third party Website from our Site; any unauthorized access to any information on our Site and/or submitted by you to or through our Site; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from our Site; and/or loss of profits, use, data or other intangible losses.
You further agree that Appletree Vitamins and its affiliates shall not be liable for any damages arising from interruption, suspension or termination of our Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
APPLETREE VITAMINS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
J. Domestic Use/Export Restriction
Appletree Vitamins controls the www.AppletreeVitamins.com Website from our offices within the United States of America. We make no representation that our Site or its content (including, without limitation, any products or services available on or through the Web site) is appropriate or available for use in other locations.
Access to the content may not be legal by certain persons or in certain countries. Users who access our Site from outside the United States of America do so at their own risks and on their own initiative and must bear all responsibility for compliance with local laws, if applicable.
Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from our Site may be downloaded in violation of United States law.
K.Translation Disclaimer
The official version of this website is in English. Appletree Vitamins is not responsible for any errors or omissions in translation.
L. Governing Law;Enforcement of Terms and Conditions/Jurisdiction
These terms and conditions are governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
Any claim relating to the www.AppletreeVitamins.com Website, our Site Terms and Conditions, and the relationship between you and the Appletree Vitamins organization shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. You and Appletree Vitamins agree to submit solely to the personal and exclusive jurisdiction of the Federal or State courts residing in Brevard County, Florida.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND APPLETREE VITAMINS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR APPLETREE VITAMINS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
M.User Content and Conduct
You specifically waive any "moral rights" in and to the User Content. Where applicable at ourSite, you are invited to post your own content. Please note that our Site is intended for adult use. If you are under age 21, do not submit any User Content to our Site.
You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Appletree Vitamins cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, DO NOT post it to our Site.
Under no circumstances, will Appletree Vitamins be liable in any way for any User Content, including but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via our Site. Appletree Vitamins is NOT responsible for a Users misuse or misappropriation of any user content you post to our Site.
By posting any User Content at ourSite, you hereby grant Appletree Vitaminsa royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology
The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through ourSite or otherwise have the right to grant the license; and the posting of your User Content on or through ourSite does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through ourSite.
You acknowledge and agree that Appletree Vitamins may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Appletree Vitamins, its users and the public.
You understand that the technical processing and transmission of ourSite, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Appletree Vitamins worldwide. Posting of User Content to or through ourSite, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Appletree Vitamins shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through ourSite.
Appletree Vitamins shall be entitled to unrestricted use of any User Content it may receive from you at or through our Site, for any purpose whatsoever, commercial or otherwise, without compensation to you as provider of the User Content.
You agree that you will not use ourSite to:
(a) Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or inappropriate;
(b) Harmanyone, and particularly minors, in any way;
(c) Impersonate any person or entity, including, but not limited to a representative of Appletree Vitamins, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through ourSite;
(e) Upload, post, email or otherwise transmit any User 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 nondisclosure agreements);
(f) Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) 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, except in those areas that are designated for such purpose;
(h) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of ourSite are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) Interfere with or disrupt ourSite or servers or networks connected to our Site, or disobey any requirements, procedures, policies or regulations of networks connected to our Site;
(k) "Stalk" or otherwise harass another; or
(l) Collect or store personal data about other Site users.
(m) Gain access to unauthorized areas of the Site or our network or servers.
(n) Otherwise attempt to misuse or damage our Site, our network or servers in any way
We will terminate the account and/or block Site users who violate the intellectual property rights of any other person on ourSite.
You understand that by using ourSite, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Appletree Vitamins does not endorse or have control over the User Content. User Content is not reviewed by Appletree Vitamins prior to posting and does not reflect the opinions or policies of Appletree Vitamins. We make no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through our Site.
Appletree Vitamins assumes no responsibility for monitoring ourSite for inappropriate submissions or conduct. If at any time Appletree Vitamins chooses, in its sole discretion, to monitor ourSite, Appletree Vitamins nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of ourSite users submitting any such User Content. Notwithstanding the foregoing, Appletree Vitamins and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in our sole discretion.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Site users. Appletree Vitamins reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in its sole discretion.
N. Intellectual Property Rights; Copyright; Trademarks
You acknowledge that all materials on our Site, including the Site's design, graphics, text, sounds, pictures, software and any other files (with the exception of that acquired from third-parties as noted where applicable) and the selection and arrangement thereof (collectively, "Materials"), constitute the exclusive property of Appletree Vitamins and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners.
Except as expressly authorized by this Agreement or on our Site, you may not copy, reproduce, distribute, republish, broadcast, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the materials in any form or by any means, without the prior written authorization of Appletree Vitamins or the respective copyright owner. Appletree Vitamins authorizes you to view and download the materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original materials. You may not modify or adapt the materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on ourSite are the sole and exclusive property of Appletree Vitamins and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Appletree Vitamins and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are trademarks of Appletree Vitamins and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Appletree Vitamins.
The Appletree Vitamins Parties will enforce its intellectual property rights to the fullest extent of the law.
O. Social Media
The Appletree Vitamins Parties maintains and interacts with various Social Media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites. By accessing, viewing and/or posting any content to any Appletree Vitamins Social Media Site on the internet, you accept, without limitation or qualification, the complete terms of use for those sites.
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
Appletree Vitamins is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
P. Site Usage; Termination of Usage
You are required to establish an account on our Site in order to take advantage of certain features of this Site, such as making purchases of certain products. If you provide information on our Site, you agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by ourSite,
(b) Maintain and promptly update such information to keep it true, accurate, current and complete to the extent our Site facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or Appletree Vitamins has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Appletree Vitamins has the right to suspend or terminate your account and prohibit any and all current or future use of ourSite (or any portion thereof) by you.
You will be required to create a username and password while completing the account registration process in this regard. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
(a) Immediately notify Appletree Vitamins of any unauthorized use of your password or account or any other breach of security, and
(b) Ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on ourSite, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Appletree Vitamins.
The Appletree Vitamin Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use ourSite only for lawful purposes, and that you are responsible for your use of and communications on ourSite. You agree not to post on or transmit through ourSite any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use our Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of ourSite.
You further agree that you will not access ourSite by any means except through the interface provided by Appletree Vitamins for access to ourSite. Creating or maintaining any link from another website to any page on ourSite without the prior written authorization of Appletree Vitamins is strictly prohibited. Running or displaying this Site or any information or material displayed on ourSite in frames or through similar means on another website without the prior written authorization of Appletree Vitamins is prohibited. Any permitted links to ourSite must comply with all applicable laws, rule and regulations.
Appletree Vitamins makes no representation that Materials contained on ourSite or products described or offered on ourSite are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use ourSite and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access ourSite from any territory where its contents are illegal, and that you, and not the Appletree Vitamins Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or Appletree Vitamins. You may terminate this Agreement at any time, provided that you discontinue any further use of ourSite. Appletree Vitamins may also terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to ourSite, if in Appletree Vitamins sole discretion you have failed to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Appletree Vitamins Parties.
Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from ourSite, as well as all copies of such materials, whether made under the terms of use or otherwise. Appletree Vitamins reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, ourSite (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Appletree Vitamins Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of ourSite.
Q. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term including shall be deemed to be followed by the words without limitation.
R. Notice; Entire Agreement
This Agreement (to include our Privacy Policy, our Health Care Disclaimer, our Purchase Policy, our Shipping Policy, our Return Policy, and our Registration Access Policy) constitutes the entire and only Agreement between Appletree Vitaminsand each user of our Site,www.AppletreeVitamins.com, with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement; of provided, however, that certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms which may be located on particular pages on the www.AppletreeVitamins.com Website.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a courtcompetent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Appletree Vitamins may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.AppletreeVitamins.comor by written communication delivered by First Class U. S. Mail to your address on record in our Site account registration information. You may give notice to Appletree Vitamins at any time via electronic mail to or by letter delivered by First Class postage prepaid U. S. mail or overnight courier to the following address:
NutriGenomyx, Inc. (d/b/a Appletree Vitamins)
ATTN: Legal Department
274 E. Eau Gallie Blvd., Suite 353
Indian Harbour Beach, FL 32937
S. How to Contact Us
Should you have other questions or concerns about these legal notices and/or our Site, please contact us at:
Email: [email protected]
PHONE: 877-384-8669
Other Documents Incorporated Into Terms of Use Agreement
Privac
y Policy
Healthcare Advice Disclaimer
Purchasing Policy
Shipping Policy
Return Policy
Registration and Access Restrictions Policy