Terms and Conditions
These Terms and Conditions (“Agreement” or “Terms”) constitute a binding written agreement between Sapphire Innovative Therapies DBA NutraHeal and its affiliated entities (collectively “Company,” “we,” “us,” or “our”) and you (“you” or “Customer”). To make these Terms easier to read, the services offered by the Website are collectively called “Services. “This Website is operated by the Company.
Your use of this Website, purchase or use of any of our products constitutes your agreement to these Terms and Conditions.
ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or making any use of our Websites (“Website” or “sites”), Services, and any purchase from us, you expressly agree to the terms contained herein. You consent and agree that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.
CHANGES TO TERMS OR SERVICES
The Company reserves the right to make changes to the sites, policies, and to this Agreement at any time and without notice.
YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES.
Your continued use of our sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have, any questions regarding these terms, please contact customer care (see below).
No cancellation is allowed after purchase, except where required by law or otherwise allowed herein. Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipped. Due to the high volume of orders we receive, we will be unable to stop an order after submitted. Please order carefully.
REVERSALS AND CHARGEBACKS
The Company considers chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services.
IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED, WITH THE CARDHOLDER’S BANK, REFUND REQUESTS WILL BE DENIED TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.
CREDIT CARD DECLINES
In the event a credit card transaction declines, after product has been shipped or received, and you have not exercised your cancellation rights per these Terms, we reserve the right to reprocess the transaction in full. Contact customer care (see below) if you have additional questions regarding credit card declines.
ACCOUNT PROFILE & ORDERING POLICY
When ordering, it is your responsibility to ensure that all order and profile information submitted to us is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order. We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us.
We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. We will either not charge you or refund the charges for orders that we do not process or cancel.
The Company sites contain links to other sites, resources and advertisers. Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external site’s administrator or webmaster.
SITE CONTENT AND CONTENT RIGHTS
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or sites; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or sites. Content includes without limitation User Content. Any information submitted on the site is subject to the terms of which are incorporated herein. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content, including but not limited to financial, health, or lifestyle information, opinion or other content. Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by the company. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
REVIEWS, COMMENTS, E-MAILS, AND OTHER CONTENT; OWNERSHIP AND REMOVAL
Visitors and users may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company or its associates for all claims resulting from Content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any Content posted by you or any third party. You can remove your User Content by deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the sites. Company and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Regarding any material, you submit to the company or post on our websites or affiliated sites, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that: The company shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you;
The company may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and
The company is not and shall be under no obligation to: (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the site. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the site other than for your personal use; and unauthorized framing or linking to the site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
DISCLAIMER OF WARRANTY
The materials contained on the site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or other violations of rights. We assume no liability or responsibility for any errors or omissions in the content of the Services or site, that defects will be corrected, or that any Company site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Services or sites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Company, its officers, directors, employees, or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the site, even if Company or any Company representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.WE BOTH AGREE TO ARBITRATE:
You and THE COMPANY agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate THE COMPANY’s’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, and trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
The site may provide links to other World Wide Web sites or resources not directly affiliated with Company. We have not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company site. We 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 Company sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do 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 Company with respect to such sites and third-party content. We strongly encourage 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 Company nor its affiliates, employees, directors, officers, 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 site. No link to the site 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 Company.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under eighteen (18) years of age, you may use our website only with involvement of a parent or guardian. Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REWARDS PROGRAM (Applicable only if offered)
ELIGIBILITY: NutraHeal Rewards Program (“Program, Rewards, Loyalty program”) is open to legal residents of the fifty (50) United States and District of Columbia, 13 years of age or older. Employees, officers and directors of the company and any of its affiliated companies are not eligible to participate. VOID WHERE PROHIBITED BY LAW. PROGRAM REGISTRATION: In order to be eligible to earn points, you must first create an account by completing the free registration process on the Website and agreeing to participate in the Program. Limit one (1) account per person/email address. HOW TO EARN POINTS: You can earn points as part of this Program by participating in various activities listed on the Website. Each time you return to the Website to complete one or more Qualified Activities, you must login in order to receive credit for those completions. The types and duration of Qualified Activities will vary from time to time. The latest information about Qualified Activities will be available on the Rewards Website, so please check back regularly. Purchases and Returns: If you wish to earn points through purchases on the Website, ensure you are logged into your Program account on the Website. Taxes, shipping, and handling charges are also excluded when calculating qualifying purchase amounts. You will earn points on the qualifying purchase subtotal rounded to the lowest 10 dollars, after all discounts have been applied but before applicable taxes, shipping and handling.
If products are returned for a refund to the original payment method, points will be deducted from your account for the amount of return, net of taxes, shipping and handling when the product(s) is/are received at the warehouse (note: your account may have a negative balance if the dollar amount returned is greater than your current points account balance).
Other Qualified Activities: The number of points you can earn by completing a non-purchase Qualified Activity will be stated on the Rewards Website. There may be limitations placed on how often and/or how many total points you can earn by completing any Qualified Activity, and any such limitations will be stated on the Rewards Website.
Social Media Qualified Activities: You can earn points through the various social media Qualified Activities listed on the Rewards Website. Note also that your account must be connected to your applicable social media accounts in order to earn points. As with other Qualified Activities, there may be limitations placed on how often and/or how many total points you can earn by completing any Social Media Qualified Activity and any such limitations will be stated on the Rewards Website. You should be careful that your behavior when participating in any of these Qualified Activities will not be deemed “spamming” or in violation of any of the applicable social media platforms’ terms and conditions. In the event the company determines, in its sole discretion, that you are abusing these Social Media Qualified Activities, your account may be terminated and any points earned for these Qualified Activities will be forfeited.
RISK OF LOSS
All items purchased from Company are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Company and its associates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents, from and (i) against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the site or (ii) your breach of these Terms or (iii) your infringement of any intellectual property or privacy right of any person. Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.WE BOTH AGREE TO ARBITRATE: You and THE COMPANY agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate THE COMPANY’s’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, and trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in the State of North Carolina, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and THE COMPANY. If any provision of this Section is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 8 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Further, you agree that any issue or dispute arising out of or in connection with your use of our site, intellectual property, the Terms, or any matter concerning Company shall be governed by the laws of the United States and the State of North Carolina with venue in the State of North Carolina. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. By using the site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Company makes no representation that materials contained in the site 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 Services or site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Central District of North Carolina, USA.
This website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, 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 Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Company or its Affiliates, unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion.
The copyright in all materials provided on the site is owned by Company or its affiliate(s).Subject to the following exception, none of the material contained in the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Company. Site visitors may only view, copy, print and download the materials on the site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Company reserves the right to terminate your access to the site or any of its services if it determines that you do not comply with these Terms; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Company’s rights or interests in its site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Services and site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms or otherwise.
The information contained on this website is for informational use only and should not be construed as medical advice. Read the entire label before using any Company product, and follow all directions. Statements made by Company have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use products as per instructions and always watch for any allergic reactions. The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment.
In the event that any individual should use the information presented on this site without a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
If a court finds any portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire agreement between you and the Company relating to the site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer or assign your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.
Telephone: 1-877-402-HEAL (4325)