Terms of Service
Last Updated: April 30, 2020
THE HEALTH INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE DISCUSSIONS WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOUR USE OF THIS WEBSITE AND THE MATERIALS CONTAINED IN THIS WEBSITE (“MATERIALS”) IS AT YOUR OWN RISK. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT Delta Nutrition IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT Delta Nutrition IS NOT PROVIDING THE MATERIALS TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE MATERIALS WHEN CHOOSING A TREATMENT PLAN OR EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION. Delta Nutrition STRONGLY URGES THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU AND INDEPENDENTLY VERIFY ANY TREATMENT INFORMATION ON WHICH YOU INTEND TO RELY.
1. Limited License to Use the Service
You have no interest, monetary or otherwise, in any feature, content or availability of the Website, any data or any terms or conditions of access to or use of the Website.
2. Restrictions and Other Notifications
2.1 You assume the cost of all access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Website servers.
2.3 The Company has the right to change, at any time, the (i) Website or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or Website, or (iii) the equipment, hardware or software necessary to use the Service or the Website.
2.4 The Website and Services are offered for use solely in the United States. The Company may restrict access or use from other locations.
2.5 The Company may from time to time offer certain contests, promotions and/or sweepstakes via the Website. You agree that your participation in such contests, promotions and/or sweepstakes is voluntary and will be subject to the specific official rules and/or terms and conditions provided in connection therewith.
3. Establishing an Account
3.3 During the registration process, you will be required to select a username and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. The Company is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. The Company is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account.
3.5 You agree to immediately notify the Company of any unauthorized use of your Password or Account or any other breach of security. You are entirely responsible for maintaining the confidentiality of your account information and for any and all activities (including purchases and charges, as applicable) that are conducted through your account.
4. Rules of Conduct
The purpose of the Website is to provide content, information, access, and services related to the Company Products. By registering for an Account, you agree that:
- You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) on the Website.
- You will not post on the Website any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another’s right to privacy or providing or creating malicious computer programs (malware).
- You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
- You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
- You understand that the Company makes no guarantees, either express or implied, regarding your well-being through the Service.
5.2 The Company and other trademarks appearing on the Website are trademarks or registered trademarks of the Company. You may not use the Company trademarks or trade dress in connection with any product or service that is not owned by the Company, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages the Company or its licensors. Except as expressly provided herein, the Company and its licensors do not grant you any express or implied rights, and all rights, title and interest that the Company has in and to the Company trademarks, trade dress, or Website and the content therein that are not expressly granted by the Company to you are retained by the Company.
5.4 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to the Company (“Feedback”) will be the exclusive property of the Company. You hereby agree that the Company may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.
6. Online Third-Party Content
Opinions, advice, statements, offers, or other information or content made available by third parties through the Service (“Third Party Content”) are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
8. Terms of Purchase, Returns
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person, per household, or per order. These restrictions may include orders placed by or under the same 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 email, billing address and/or 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.
Any purchases you make from us are based on your own opinions of the benefits you may receive from Delta Nutrition® Products. Neither the statements on our Website nor our Products have not been evaluated by the Food and Drug Administration, and no Product is not intended to diagnose, treat, cure, or prevent any disease.
Prices for Products are subject to change without notice. All prices for Products are in U.S. dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.
All payments through the Service are processed using a third-party processor. You acknowledge that the Company is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.
By purchasing the Product, you agree to our Returns Policy. Any deviation by the Company from this policy in its sole discretion will not constitute a waiver of such policy. You have ten days from your receipt of the Product to return or exchange it with its receipt. We do not reimburse for shipping and handling, and all return shipping cost is your responsibility. Our Returns Policy only applies to unopened Product purchased from our Website.
12. Limitation of Liability
NEITHER THE COMPANY NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PART THEREOF, IS TO STOP USING THE WEBSITE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO THE COMPANY FOR THE SERVICE OR TO FIVE DOLLARS, WHICHEVER IS GREATER.
Some jurisdictions do not allow for the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentations, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms and Conditions will be interpreted as excluding liability which cannot be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations in this Section 12 may not apply to you.
13.1 THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY THE WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY THE WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANYAPPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13.2 The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Website, Service, or third-party information, content, or materials contained on Website (including, without limitation, User-Generated Content). The Company does not endorse any of the merchandise, nor has the Company taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. The Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against the Company with respect to information, content and materials contained on the Website (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to such third party websites (including, without limitation, credit card and other personal information).
13.3 NEITHER THE COMPANY NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
13.4 The Company will not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of the Company; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15. General Provisions
15.1 Links. You should be aware that when you are using the Service or Website, you could be directed to other websites that are beyond the Company’s control. There may be links to other sites from the Website or Service that take you away from the Website. These links are for convenience only and you access them at your own risk. The Company takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Delta Nutrition LLC or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Delta Nutrition or any third party.
The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Delta Nutrition. Requests for permission to reproduce any information contained on this Service should be addressed to Delta Nutrition LLC, Attn: Legal Department, Delta Nutrition, PO Box 651, Mechanicsburg, PA 17055, e-mail: email@example.com.
If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please provide Delta Nutrition’s Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Website that is requested to be removed;
- Your name, address and daytime telephone number, and an e-mail address if available, so that Delta Nutrition may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Delta Nutrition’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Copyright Agent: Delta Nutrition LLC
Delta Nutrition, PO Box 651
Mechanicsburg, PA 17055
Delta Nutrition will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.