TERMS OF USE

Please Read Carefully.

Updated: March 6, 2017

 

The services that Nutphree’s Bakery Inc., and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Nutphree’s,” “we,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Use”), which govern your access to, purchase of products, information, services and/or use of the of the website, www.nutphrees.com (collectively the “Site”). This Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You also agree to Nutphree’s privacy policy, located at www.nutphrees.com (“Privacy Policy”).

 

By using the Site, you signify your agreement with this Terms of Use and are entering into a legally binding agreement with Nutphree’s. Please read the Terms of Use carefully. If you do not accept this Terms of Use, now or in the future, please stop your use of the Site immediately, in which case any continuing access or use of our Site is unauthorized. This Terms of Use expressly supersede prior agreements or arrangements with you.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND NUTPHREE’S WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION

 

ALLERGY STATEMENT

Nutphree’s has implemented a code of standards to ensure that our facility remains nut free environment at all times. Please note that we strive to ensure the safety of our products but will not be responsible for any and all acts, illnesses or harm that may be directly or indirectly caused by cross contamination or alteration of any of our products once they leave our facility or have been delivered to the point of destination by Nutphree’s. Once our products leave our care, Nutphree’s disclaims all liability for any cross contamination or alteration of a Nutphree’s product that may directly or incidentally come in contact with any peanut or tree nut products, and/or other products or services that may contain or may have had contact to peanuts and/or tree nuts. We ask that our customers handle each order with care and caution to reduce the risk of cross contamination outside our facility so that you can share a delicious nut free product with your family and friends.

 

CHANGES TO TERMS

Subject to the conditions set forth herein, Nutphree’s may, at any time, for any reason, in its sole discretion make changes to the Site and/or modify this Terms of Use. If Nutphree’s makes changes and/or modifications that affect your access to and/or use of the Site, Nutphree’s will provide a notice of such changes only by posting the updated Terms of Use on the page and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and or modifications, you shall not use the Site after the effective date of the changes. Please revisit the Terms of Use regularly to ensure that you stay informed of any changes.

 

SCOPE OF USE

Eligibility. To access or make purchases through the Site, you must be eighteen (18) years or older and have the requisite power and authority to enter into the Terms of Use. The Site is not intended for and should not be used by anyone under the age of thirteen (13). You represent that you are over the age of 13 and are intended recipient of the Site. You may not access or use the Site for any purpose if either of the representations in the preceding sentence is not true.

 

Use of Site and Availability. Nutphree’s retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Site to anyone at any time and for any reason. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions to the Site and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of Nutphree’s control. The Site may be modified, updated, suspended or discontinued at any time without notice or liability.

 

Communications from Nutphree’s. By using the Site, you agree to receive certain communications in connection with the Site. For example, you might receive comments, promotions, events and/ or features. When you access and/or use the Site, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Site provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

Your Responsibilities. You may not use our products and/or Site for any illegal and/or unauthorized purpose and/or to violate any federal, state or international laws in your jurisdiction (including but not limited to copyright laws), code of conduct and/or other guidelines which may be applicable to the Site and/or products provided. You must not transmit any emails and/or materials through the Site that contain a Trojan horse and/or any other harmful component any worms and/or viruses or any code of a destructive nature. You may not access all or any part of the Site in order to build a product or service which competes with the Site. You shall not obtain or attempt to obtain any data through any means from the Site, except if we intend to provide and/or make it available to you. You are responsible for the accuracy and quality of the data and content that you submit and further agree not to provide fraudulent reviews. You will not attempt to do any of the following: access data not intended for you, monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate, pricing and/or similar information, and/or interfere with the Site to any user in any manner. A breach and/or violation of any of this Terms of Use will result in an immediate termination of your access to our products and/or Site.

General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks and/or devices. Credit card information is encrypted during transfer over networks.

Information Accuracy. Occasionally there may be information on the Site that contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, product descriptions, specifications, and/or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged). You agree that it is your responsibility to monitor changes to our Site.

 

PRODUCTS AND PURCHASES

General. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. Certain products may be available exclusively online through the Site. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Nutphree’s. Any offer for any product or service made through the Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. Nutphree’s may, in its sole discretion, verify a user’s identity prior to processing a purchase. We may also refuse to process, and/or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Use. We shall not be liable to you or to any third-party for any modification, price change, suspension and/or discontinuance of the Site and/or product.

Additional Rules for Purchases. When purchasing an item, you acknowledge and agree that (a) you are responsible for reading the full item listing and any related descriptions before making a commitment to buy; (b) you enter into a legally binding agreement to buy an item when you click “confirm purchase”; and (c) you agree to abide by the procedures and guidelines for conducting and participating in transactions through the Site including but not limited to this Terms of Use.

 

Third Party Payment Service Provider: Our store is hosted on Square Inc. (“Square”). Square provides us with the on-line e-commerce platform that allows us to sell our products and service you. Square and the Square API allow us to execute online payment transactions related to your account. By using our Site and agreeing to this Terms of Use, you also agree to be bound by Square terms of service. Any authorization you provide to make automatic payments using the Site will remain in effect until cancelled. You are responsible for all transactions processed through the Site and/or Square. You are responsible for all fees, including without limitation taxes, associated with your use of the Site. By agreeing to this Terms of Use, you hereby give Nutphree’s and/or Square permission to charge the credit card, bank account, or other approved method of payment associated with your account for fees associated purchases made through the Site. All fees due and payable by you to Nutphree’s under this Terms of Use must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law.

Refunds. You agree that once Square charges your designated payment method for the fees as provided in this Terms of Use and on the Site, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, you agree not to ask your credit card Nutphree’s or bank to charge back any fees charged pursuant to this Terms of Use.

USE OUTSIDE DEFINED AREA

The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

 

ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE

Occasionally there may be information on the Site that contain typographical errors, inaccuracies, and/or omissions that may relate to services, descriptions, pricing, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.

 

PROPRIETARY RIGHTS AND LICENSES

Ownership: The Site, any content or products and the infrastructure used to provide the Site are proprietary to Nutphree’s, our affiliates, and other content providers. Neither these Terms of Use nor your use of the Site convey or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner Nutphree’s names, logos, product and service names, trademarks or services marks or those of Nutphree’s licensors or content providors.

 

Reservation of Rights. The materials and content on this Site, as well as the organization and layout of this Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Nutphree’s and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

 

USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS

User Content. If, at Nutphree’s request, you send certain specific submissions (for example contest entries) or without a request from Nutphree’s, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘User Content’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us. Nutphree’s shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content. Nutphree’s may, but have no obligation to, monitor, edit or remove content that Nutphree’s determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Use.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Site. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Site (“Feedback”), then you further grant to Nutphree’s a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Nutphree’s has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

 

Prohibited Use

Gathering email addresses from Nutphree’s through harvesting or is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Site via automated means (except as may be the result of standard search engine protocols and/or technologies used with Nutphree’s express written consent). You may not use the Site in any manner that could damage, disable, overburden, and/or impair the Site and/or interfere with any other party’s use and/or enjoyment of the Site. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available or provided for through the Site.

 

TERMINATION

If you violate this Terms of Use and/or if we have grounds to suspect that you violated this Terms of Use and/or other use parameters included on any portion of the Site, we may suspend or terminate your account and refuse use of the Site (or any portion thereof). Nutphree’s also reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person or entity, or misuse the system by any means actionable under a federal, state, or local statute, code, regulation, law, and/or civil action, Nutphree’s will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.  In such a case, Nutphree’s retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.

 

INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless Nutphree’s, it’s affiliates, partners, its officers, agents, employees, contractors, service providers, subcontractors, suppliers, interns, employees and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in the relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention or breach of any third party, or constitutes the unauthorized use or misappropriation of any trade secret of any third party, (ii) your use of Nutphree’s Site; (iii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Nutphree’s upon your receipt of notice of any Claim against you which might give rise to a claim against Nutphree’s.

You acknowledge and agree that by accessing or using the Site, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE THE SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SITE, PRODUCTS, AND/OR CONTENT ARE PROVIDED BY NUTPHREE’S TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH NUTPHREE’S EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, NUTPHREE’S AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SITE, PRODUCTS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND/OR (B) NUTPHREE’S WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE AND/OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUTPHREE’S OR THROUGH OR FROM USE OF THEIR SITE AND/OR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

LIMITATION OF LIABILITY

YOUR USE OF THE SITE, PRODUCTS AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL NUTPHREE’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NUTPHREE’S HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY NUTPHREE’S ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, NUTPHREE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

IN THE EVENT YOU ARE DISSATISFIED WITH THE SITE, PRODUCTS OR ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO, OR USE OF THE SITE.

 

NUTPHREE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR PRODUCT IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO NUTPHREE’S IN CONNECTION WITH THE SITE IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (ii) $100.

 

LINKS

This Site may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only. Nutphree’s does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each Linked Site that you visit. Nutphree’s reserves the right to terminate any link and/or linking program at any time. Nutphree’s disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such Linked Sites.

You may not link to this Site without our written permission. If you are interested in linking to this Site, please contact us at orders@nutphrees.com.

THIRD PARTY SERVICES AND CONTENT

The Site may be made available or accessed in connection with third party services and content (including advertising) that Nutphree’s does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Nutphree’s does not endorse such third party services and content and in no event shall Nutphree’s be liable for any products or services of such third party providers.

 

SEPARATE AGREEMENTS

You may have other agreements with Nutphree’s. Such agreements are separate and in addition to the Terms of Use. The Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Nutphree’s.

 

NO PROFESSIONAL ADVICE

Certain information available related to the Site is intended to be a general information resource regarding general subject matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, medical or other professional advice. Nutphree’s does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Site.

 

DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

Nutphree’s respects the intellectual property rights of others and expects you to do the same. We reserve the right to terminate your account or any other user who infringes third-party copyrights. We will respond to clear notices of copyright infringement when you provide the following:

(i)   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)  Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv)  Information sufficient to permit Nutphree’s to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;

(v)   A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact information for Nutphree’s DMCA Agent for notice of claims of copyright infringement is: Nutphree’s Bakery Inc., Attn: Copyright Agent, info@nutphrees.com.

The Copyright Agent will not remove content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site. All other inquiries directed to the Copyright Agent will not be responded to.

DISPUTE RESOLUTION

Disputes. We want to address your concerns without needing formal legal case. Before filing a claim against Nutphree’s, you agree to try to resolve the dispute informally by contacting us at info@nutphrees.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Nutphree’s agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

 

Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Nutphree’s within thirty (30) day of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Use). You must write us at Nutphree’s, Attn: Opt-Out Arbitration, info@nutphrees.com. If you opt out, neither you nor Nutphree’s can require the other to participate in an arbitration proceeding.

 

Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

 

Exceptions to Agreement to Arbitrate.   Either you and/or Nutphree’s may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Site, breach of Nutphree’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

 

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Nutphree’s agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Nutphree’s consent to the foregoing venue and jurisdiction.

 

MISCELLANEOUS
If any provision and/or term of this Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Terms of Use shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Use, the Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Nutphree’s of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Use.

 

Contact us: If you would like to request additional information regarding this Terms of Use, please contact us at info@nutphrees.com.