Terms and Conditions
Terms of Services
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF PEACEFUL NUTRITION, LLC’S WEBSITE, ELECTRONIC STORE, APPLICATION, MOBILE SITE, OR OTHER ELECTRONIC PORTAL (THE "WEBSITE"), PLACING AN ORDER THROUGH THE WEBSITE, OR PURCHASING A SUBSCRIPTION THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE, PLACEMENT OF AN ORDER THROUGH THE WEBSITE, OR PURCHASE OF A SUBSCRIPTION PROVIDED THROUGH THE WEBSITE CONFIRMS YOUR UNCONDITIONAL AGREEMENT AND ACCEPTANCE OF THE ALL OF THE FOLLOWING TERMS AND CONDITION BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE, PLACE AN ORDER THROUGH THE WEBSITE, OR PURCHASE A SUBSCRIPTION THROUGH THE WEBSITE.
Updated: May 2015
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Weights, measures, and descriptions are approximate and are provided for convenience purposes only. Peaceful Nutrition, LLC (“Peaceful Nutrition”) makes all reasonable efforts to display accurately the attributes of products, however it does not warrant the accuracy of such information. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs, or similar products or electronics sold are for private, non-public, home-use where no admission fee is charged and may not be duplicated.
When an order is placed, the ordered item will be placed in the care of a third-party carrier to ship to an address designated by the purchaser. Shipping and handling fees may differ based on your location. Peaceful Nutrition may refuse to ship an order to any address or location. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the ordered item to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Peaceful Nutrition attempts to ensure that information on the Website is complete, accurate, and current. Despite its efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. Peaceful Nutrition makes no representation as to the completeness, accuracy, correctness, or currentness of any information on the Website. Products described on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, Peaceful Nutrition may make changes to information, price, or availability without notice
While it is Peaceful Nutrition’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute Peaceful Nutrition’s acceptance of an order or its confirmation of an offer to sell a product or service. Peaceful Nutrition reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Peaceful Nutrition also may require verification of information prior to the acceptance and/or shipment of any order. Peaceful Nutrition only accepts an order by placing the ordered item into the care of a third-party carrier for delivery.
Peaceful Nutrition only accepts payment through credit card payment or through electronic payment systems. Peaceful Nutrition utilizes a third-party system to accept payment. All payments made to Peaceful Nutrition must comply with the current Terms and Conditions agreed upon between Peaceful Nutrition and its third-party payment system provider. Confirmation of receipt of payment from Peaceful Nutrition or from a third-party payment system provider does not represent an acceptance of an order and does not obligate Peaceful Nutrition to fulfill an order.
Purchaser acknowledges that once a product has been shipped, the order may be irreversible. Please contact Peaceful Nutrition through the following contact information to inquire as to cancelling an order: email@example.com. Peaceful Nutrition reserves the right to refuse to cancel an order for any reason after it has been placed.
Purchaser or subscriber may receive one refund per household for a single, non- defective unit of a product purchased from Peaceful Nutrition. Such refund will only be issued upon return shipment of the product and Peaceful Nutrition’s receipt of the returned product. Peaceful Nutrition does not provide a refund for shipping and handling fees. Peaceful Nutrition reserves the right to refuse to refund a purchaser or subscriber for a defective product for any reason. If you believe that the product you have received is defective, please contact Peaceful Nutrition through the following contact information to inquire as to cancelling an order: firstname.lastname@example.org.
The monthly subscription fee is stated on the Website. Peaceful Nutrition may change this amount at any time and without prior notice. From time to time, Peaceful Nutrition may offer different membership terms and fees for the subscription services may vary. The subscription service fee is non-refundable after the first month. Taxes may apply on either or both of the membership fee and shipping charges. Upon written request from the subscriber received within the first month of service and upon return shipment of any product and Peaceful Nutrition’s receipt of such returned products, Peaceful Nutrition will refund up to the first month of subscription fees. Peaceful Nutrition does not provide a refund for shipping or handling fees. This refund is limited to one request per household.
Only credit cards or electronic payment systems are eligible for payment of your Subscription. Do not sign up for a subscription with a debit card, check card, or ATM card. If all credit cards Peaceful Nutrition have on file for you are declined for payment of your membership fee, you have 30 days to provide Peaceful Nutrition with a new credit card or your membership will be canceled. If you provide Peaceful Nutrition with a new card and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY PEACEFUL NUTRITION BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE PEACEFUL NUTRITION (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY CREDIT CARD OR PAYMENT SYSTEM PEACEFUL NUTRITION HAVE ON RECORD FOR YOU.
The design of the Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of Peaceful Nutrition. Other trademarks, trade names and service marks used or displayed on the Website may contain registered and unregistered trademarks, trade names and service marks of their respective owners, including Peaceful Nutrition and its affiliates. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without the written permission of Peaceful Nutrition or such other owner.
Creating or maintaining any link from another Website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rule and regulations.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PEACEFUL NUTRITION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE OR PROVIDED WITH ANY PRODUCT OR SERVICE ACQUIRED THROUGH THE WEBSITE. THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE OR PROVIDED WITH ANY PRODUCT OR SERVICE ACQUIRED THROUGH THE WEBSITE MAY BE OUT OF DATE, AND PEACEFUL NUTRITION NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS.
ALL PRODUCTS AND SERVICES ACQUIRED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PEACEFUL NUTRITION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR ACQUIRED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEACEFUL NUTRITION HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. PEACEFUL NUTRITION MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY- FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
IN NO EVENT WILL PEACEFUL NUTRITION OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCT OR SERVICES PROVIDED THROUGH THE WEBSITE, THE USE OF THE WEBSITE, OR THE USE OF ANY WEBSITES LINKED TO THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT FOUND ON THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES DESCRIBED IN THIS AGREEMENT. Peaceful Nutrition does not assume any responsibility and will not be liable for any damages to you, or any damages or viruses that may affect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or your downloading of any information or materials from the Website.
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Website.
These Terms and Conditions supersede any other agreement between you and Peaceful Nutrition to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website will be brought only in the state court of the State of Idaho in the District of Ada County. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same
Terms and Conditions - 6
extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or Peaceful Nutrition may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. Peaceful Nutrition reserves the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.
The information contained in the Website or products purchased from the Website are provided for informational purposes only and is not meant to be a substitute for advice provided by your doctor or any other healthcare professional. You should not use or rely on the information available through our Website or products purchased from our Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Peaceful Nutrition) for the purpose of diagnosing or treating a disease or health problem, or for the purpose of prescribing any medication. THE INFORMATION AND STATEMENTS MADE THROUGH OUR WEBSITE OR PRODUCTS PURCHASED FROM OUR WEBSITE REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. You should read carefully all product packaging prior to use.
You agree to indemnify and hold Peaceful Nutrition and its parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, agents, employees, successors, and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, your violation of any rights of another party, or your use of any product purchased through our website. This indemnity provision survives termination of these Terms and Conditions.
Peaceful Nutrition controls the Website from our offices within the United States of America. Peaceful Nutrition makes no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for locations outside of the contiguous United States of America. Users who access the Website from outside the contiguous United States of America do so 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 the Website may be downloaded in violation of United States law.