Terms and Conditions
Nitrocut® Website Terms & Conditions
Nitrocut® IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO Nitrocut® CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your physician. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Consult your physician before taking any medication or nutritional, herbal or homeopathic supplement, or beginning any diet, nutrition or fitness plan offered on or through the Website, or otherwise. Your physician should allow for proper follow-up visits and individualize your diet, nutrition and/or fitness plan as appropriate. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health and well-being. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Website. Information and statements regarding products and/or services made available on or through the Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
1. Acceptance of Agreement: You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your submission of applications to become a Member and/or your purchase of Online Products. The Agreement constitutes the entire and only agreement between you and Nitrocut® with respect to your registration for the Online Products, enrollment in the All-Access Program and/or use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your registration for the Online Products, enrollment in the All-Access Program, use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Nitrocut® may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued receipt of the Online Products, enrollment in the All-Access Program and/or use of the Website following posted notice constitute your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that Nitrocut® is not responsible or liable in any manner whatsoever for your inability to use the Website enroll in the All-Access Program and/or obtain any Online Products.
2. Requirements: The Website, Membership, All-Access Program and/or the Online Products offered are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Description of the Site and Nitrocut® Product: Description of the Site and Nitrocut® Product: By registering on the Site, filling out the applicable Nitrocut® Product application forms and receiving approval from Nitrocut®, you can, for a fee, obtain, or attempt to obtain, a monthly supply of the Nitrocut® Product delivered to the address provided during registration. In connection with your use of the Site and/or Nitrocut® Product, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees. Nitrocut® reserves the right to prohibit any conduct by Site visitors (“Visitors”) and/or cancel any Nitrocut® Product Account (as defined below) where Nitrocut® deems, in its sole and absolute discretion, the applicable Visitor to be in violation of the Agreement or which Nitrocut® believes may expose Nitrocut® to harm, damage to reputation or liability. Notwithstanding the foregoing, Nitrocut® undertakes no responsibility to monitor or otherwise police the Site, or the interactions between Visitors. You understand and agree that Nitrocut® is not responsible or liable in any manner whatsoever for any dispute between Visitors and/or other third parties. You understand and agree that Nitrocut® shall not be liable to you, any other Visitors or any third party for any claim in connection with your use of the Nitrocut® product, the Site and/or any content contained therein.
4. Application Process: In order to obtain Online Products and/or become a Member, you must first submit the applicable application form (“Application”) to Nitrocut® for review and initial approval. Nitrocut® reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain Online Products may include, without limitation: (a) your full name; (b) mailing address; (c) e-mail address; (d) phone number; (e) credit card information; (f) current weight; (g) goal weight; (h) height; (I) gender; (j) date of birth; and/or (k) any other information requested by us on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data (not including Registration Data concerning weight or personal goals), as necessary, in order to maintain it in up to date and accurate fashion. Nitrocut® will verify and approve all Applications in accordance with its standard verification procedures.
5. Copyright and Trademarks:”Nitrocut®” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by [Nitrocut®]. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and [Nitrocut®] owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
6. CHARGES/FEES: In consideration for the Online Products you receive from Nitrocut®, you agree to pay the Fees (as defined below). You shall have the choice to pay the Fees via credit card or debit card that you provide as part of your Application or update it at a later date (“Active Credit Card”).
We offer 6 options in ordering our product:
One Month Supply $49.99 Includes S/h & Taxes
Two Month Supply $84.99 Includes S/h & Taxes
Three Month Supply $124.99 Includes S/h & Taxes
Six Month Supply $199.99 Includes S/h & Taxes
Nine Month Supply $289.99 Includes S/h & Taxes
Twelve Month Supply $374.99 Includes S/h & Taxes
One Month Supply $10.99 Shipping
Two Month Supply $14.99 Shipping
Three Month Supply $18.99 Shipping
Six Month Supply $30.99 Shipping
7. Refund Policy: You are entitled to a 35 day money back guarantee when purchasing Nitrocut®. You will be refunded for the full amount of the order. If you have purchased either the Two Month Supply or 3 Month Supply or 6 Month Supply, then only 1 bottle out of the total order may be opened or used—all other bottles must be returned unopened and unused for a full refund. If more than one bottle is opened and returned within the 30 day period then a $19.95 restocking fee will be applied for each open bottle returned. For refunds to be issued, you must contact Nitrocut® customer service at 1-888-666-7715 or email at support@Nitrocut.com. Please have your E-mail address and other Registration Data available for efficient processing of your cancellation order. Customer is liable for shipping and handling fee while returning the product.
8. License Grant: As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website. Nitrocut® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Nitrocut®, as a visitor to the Website, you may only use the Website and its Content for your own personal, non-commercial use. No part of the Website including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Website or it’s Content. You may not use the Website and it’s Content in conjunction with any other third-party content. You may not exploit any aspect of the Website and it’s Content for any commercial purposes not expressly permitted by Nitrocut®. You further agree to indemnify and hold harmless Nitrocut® for your failure to comply with this Section 8. Nitrocut® reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
9. Indemnification : You agree to indemnify and hold Nitrocut®, its parent company and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Nitrocut®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties: THE SITE, ANY INFORMATION CONTAINED THEREIN AND/OR ANY Nitrocut® PRODUCT, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, LFL MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN AND/OR ANY Nitrocut® PRODUCTS: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; (e) WILL RESULT IN ANY SPECIFIC WEIGHT LOSS, BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (f) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN AND/OR ANY Nitrocut® PRODUCT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Nitrocut® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LFL OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability : YOU EXPRESSLY UNDERSTAND AND AGREE THAT Nitrocut® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Nitrocut® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (Bi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; (D) THE FAILURE TO REALIZE ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Nitrocut® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Nitrocut® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU OR Nitrocut® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Nitrocut®. ACCESS TO THE WEBSITE AND/OR THE ONLINE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Nitrocut® LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Third Party Websites: The Website contains links to other websites on the Internet that are owned and operated by third parties. Nitrocut® does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Nitrocut® of the applicable website or any association with the website’s operators. Because Nitrocut® has no control over such websites and resources, you agree that Nitrocut® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Nitrocut® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
13. Miscellaneous : The Agreement shall be treated as though it were executed and performed in New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New Jersey, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Nitrocut® and governs your use of the Website. Nitrocut® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. How to Contact Us: If you have any questions about the Agreement or about the practices of Nitrocut®, please feel free to contact us at (888)666-7715 or at support@Nitrocut.com Copyright 2010-2012, WWW.NITROCUT.COM