Terms and Conditions - Web Access and Use
Download Terms And Conditions - Web Access and Use - here.
You have accessed the website ("Site") of Nellson Nutraceutical, LLC ("Nellson"). By accessing, browsing and/or using the Site, you agree to accept, unconditionally, without modification, the terms and conditions that follow, together with all applicable laws ("Terms of Use"). If any of the Terms of Use are unacceptable to you, do not use this Site.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND LIABILITIES, AND THEY ADDRESS CIRCUMSTANCES WHERE YOU AGREE TO RESOLVE DISPUTES VIA BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL, AND YOUR ABILITY TO PARTICIPATE IN CLASS ACTIONS.
The copyright in everything appearing or displayed on this Site, including, but not limited to, executable programs, materials, images and content ("Site Content") appearing or displayed on this Site is owned by Nellson unless otherwise noted and may not be used
except as provided in these Terms of Use. None of the Site Content may be copied, modified, revised, reproduced, distributed, downloaded, reused, transmitted to a third-party server, or used to create derivative works without Nellson's express prior written
permission. However, provided all copyright, trademark, and proprietary rights notices are retained, users may download Site Content solely for the purpose of the selection and purchase of Nellson products. Any unauthorized use of any Site Content may violate
copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. Nellson does not warrant or represent that the use of Site Content will not infringe rights of third parties not owned and controlled by Nellson.
Trademarks, logos, and service marks (the "Trademarks") used and displayed on this Site are registered and unregistered trademarks of Nellson or others. Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site, without the prior written permission of Nellson or the trademark owner, as the case may be. Users are advised that Nellson will aggressively enforce its intellectual property rights to the fullest extent of the law. Nellson
prohibits the use of the Nellson logo as a "hot link" to any Nellson site unless the establishment of such a link is approved by Nellson's prior written consent.
Any information or materials contained in communications transmitted to Nellson by electronic mail or otherwise will be treated as NON-CONFIDENTIAL and NON-PROPRIETARY and may be used for any purpose, including reproduction, disclosure, transmission, publication or broadcast, by Nellson in its discretion. Such NON-CONFIDENTIAL and NON-PROPRIETARY treatment is also applicable to ideas, concepts, know-how, or techniques contained in any communication sent to Nellson by you and which Nellson is free to use for any purpose including developing, manufacturing and/or marketing products.
You may use our Site for lawful purposes only. You are prohibited from posting on or transmitting through our Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, harassing, pornographic, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind or material that constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, otherwise violates any law or contains material which infringes upon copyright, trademark right or other
intellectual property rights of any third party.
You are prohibited from visiting or using our if you are a “Tester.” For purposes of these Terms, a Tester is defined as “an individual whose primary purpose of using, or attempting to use, the Services is to seek to identify legal violations in connection with the Services.”
ALL SITE CONTENT IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NELLSON MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED WITHIN SITE CONTENT, THE ACCURACY OF SITE CONTENT OR THAT SITE CONTENT OR ANY DOWNLOADABLE PROGRAMS CONTAINED WITHIN THE SITE ARE VIRUS-FREE. THE RISK OF USE OF THE SITE IS SOLELY UPON THE USER.
UNDER NO CIRCUMSTANCES WILL NELLSON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFIT OR REVENUE, LOSS OF USE OF THE SITE, ANY DOWNLOADABLE PROGRAMS CONTAINED ON THE SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, USING OR BROWSING OF THE SITE OR SITE CONTENT.
YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU.
In the event this Site contains "hot links" permitting access to other, non-Nellson, websites, you are advised Nellson has not reviewed and is not responsible for the content of such sites. Risks of use of hot-linked sites is assumed solely by the user, and Nellson assumes
no liability with respect to such use.
These Terms of Use may be revised at any time by Nellson by updating this posting. You are bound by any such revisions, and you should periodically visit this page to review the current Terms of Use. Your continued access and use of this Site constitute your
acceptance of all such terms and conditions.
This Site is owned and operated by Nellson and is managed out of its offices located in Anaheim, CA. These Terms of Use, as well as the use of this Site, shall be governed and construed in accordance with the laws of the State of California, without regard to conflict
of laws provisions.
YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, MASS OR COLLECTIVE ACTION AND THAT YOU MAY BRING CLAIMS AGAINST NELLSON ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Any dispute, claim, or controversy arising out of or relating to these Terms of Use, your use of the Website, or the relationship between you and Nellson (including any dispute regarding the scope, applicability, or enforceability of this arbitration provision), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Any party may bring an action in any court of competent jurisdiction to compel arbitration. ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator will have the authority to entertain a motion to dismiss or a motion for summary judgment, or both, filed by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Claims arbitrated hereunder are subject to the same limitations regarding damages and ability to obtain other relief, and affirmative rights to damages and other relief, as would have applied if the claim was made, and proceeded, in a judicial forum. The same statutes of limitations and repose that would have applied if the dispute or disagreement was sought to be adjudicated in an administrative or judicial forum will apply, so that any arbitration claim must be filed on or before the expiration of the statute of limitations period applicable to that Claim, subject to any applicable tolling of the limitations period. The date of filing is the date on which written notice by the party seeking arbitration stating that party's intention to arbitrate ('Demand for Arbitration') is received by AAA. The arbitration shall be conducted in Anaheim, California, in the English language, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the fees and expenses of the arbitrator, unless the arbitrator determines otherwise. Notwithstanding the foregoing, Nellson reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or address actual or threatened misuse of its intellectual property or confidential information. By using this Site, you agree to waive any right to a jury trial or to participate in a class action or class arbitration.
You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the State or Federal courts located in the Middle District of California, and you hereby consent and submit to the exercise personal jurisdiction of such courts for purposes of litigating any such action.
The provisions of these Terms of Use are independent of and separate from each other, and no provision shall be affected or rendered invalid because any other provision may be invalid or unenforceable in whole or in part for any reason.
See Nellson's Privacy Policy, which is incorporated herein by reference.
