Terms of Use

ENTIRE AGREEMENT
These Terms of Use, together with our privacy statement expressly incorporated by reference (“Terms”) are entered into between Nutrition 21, LLC, an Everwell Health Company, (the “Company”, “we”, “us”, or “our”) and you with respect to your use and access of the website nutrition21.com (“Site”). By using this Site, you accept and agree to bound and abide by these Terms.

CHANGES TO THE TERMS
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

PERMITTED AND PROHIBITED USES
The Site is intended solely for lawful and informational use about the Company and its product offerings. No other use of the Site is permitted.

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

You agree not to:

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

MONITORING AND ENFORCEMENT
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using and/or accessing the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, THE AFOREMENTIONED PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

INTELLECTUAL PROPERTY RIGHTS
The Site and its entire functionality, features, and content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) is protected under applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law and is the property of the Company. No right, title, or interest in or to the Site or any content on the Site is transferred to you. All rights not expressly granted are reserved by the Company. The information and images presented here may not under any circumstances be reproduced or used without prior written permission. Any act to reproduce, republish, upload, post, transmit, distribute or publicly display material from this Site without the written permission of the Company will constitute an infringement of the Copyright.

The Company name, and all related names, logos, product names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may contain general information relating to scientific studies, the use of dietary supplements, and information on various medical conditions. Such information is provided strictly for informational purposes and is not intended to diagnose, treat, or prevent any medical condition.  Furthermore, such information is not intended to be used as a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing or treating a problem, condition or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

This Site may include content provided by third parties.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information we collect on this Site is subject to our Privacy Statement [LINK TO PRIVACY POLICY]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

PRODUCTS
The information and descriptions presented on this Site are intended as general information, and are not necessarily complete descriptions of every product, use, or contraindication for use.

THIRD-PARTY WEBSITES
This Site may contain links to other Internet websites (“third-party websites”) that are not maintained by the Company. These links are provided solely for your convenience and accessing such third-party websites is done entirely at your own risk, subject to their terms and conditions of use. The Company makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites and accepts no responsibility for any loss or damage that may arise from your use and/or access of any third-party websites. The Company recommends you take the time to read the privacy policies and user agreements of any third-party website.

DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

THE CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND THE SITE IS PROVIDED ON AN “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY, AND EACH AND EVERY PERSON ASSOCIATED WITH THE COMPANY, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE CONTENTS ON THE SITE WILL BE ACCURATE, RELIABLE, OR ERROR-FREE ;THAT FUNCTIONS OR OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE OR THE CONTENT FOUND ON THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF ANY DAMAGE OR LOSS IS FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

JURISDICTION / ENFORCEABILITY
Use of this Site is governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws. Any dispute, legal suit, action, or proceeding concerning these Terms of Use for this Site is subject to the state or federal courts of New York, New York.

Any failure or delay by the Company in enforcing any provision of the Terms will not be considered a waiver of such provision and will not prevent the Company from enforcing the provision at a later date. Should any provision of these Terms be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be deemed eliminated or limited to the minimum extent such that the remaining provisions will remain in full force and effect.

CHANGES TO THE SITE
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. 

GEOGRAPHIC RESTRICTIONS
Company, the owner of the Site, is based in the State of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.