Terms and Conditions
LAST MODIFIED: 4/4/2014
NITROTRIM 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 NITROTRIM 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 Services 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 Services 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 Services, 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 Services. Information and statements regarding products and/or services made available on or through the Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
- BINDING EFFECT. This is a binding agreement. By using the Services or any services provided in connection with the Services (the “Service”), you agree to abide by these Terms, as they may be amended by us from time to time in our sole discretion. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately discontinue your use of the Services. BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISIDICTION.
- MEMBER ACCOUNTS. In order to obtain products offered through the Site (“Nitrocut® Products”) and/or become a Member, you must first create an account (“Member Account”) by submitting the appropriate registration information (“Registration Data”), (this process shall hereinafter be referred to as “Registration”) to us for review and initial approval. We reserve the right, in our sole discretion, to deny the Registration of anyone at any time and for any reason, whatsoever. You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain your Member Account in an up to date and accurate fashion. We will verify and approve a Registration in accordance with our standard verification procedures. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- DESCRIPTION OF SERVICES AND NITROCUT® PRODUCT. Upon approval of your Registration, you can, for a fee, obtain, or attempt to obtain, a monthly supply of the Nitrocut® Product delivered to the address associated with your Member Account. In connection with your use of the Services and/or a Nitrocut® Product(s), you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees. Nitrotrim reserves the right to limit use of the Services and/or cancel any Member Account where Nitrotrim deems, in its sole and absolute discretion, the applicable Member Account to be in violation of the Agreement or that the Member Account may expose Nitrotrim to harm, damage to reputation or liability. Notwithstanding the foregoing, Nitrotrim undertakes no responsibility to monitor or otherwise police the Services. You understand and agree that Nitrtrim is not responsible or liable in any manner whatsoever for any dispute between Members and/or other third parties.The Services that Nitrotrim provides are always evolving and the form and nature of the Services that Nitrotrim provides may change from time to time without prior notice to you. In addition, Nitrotrim may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
- INTELLECTUAL PROPERTY: All right, title, and interest in and to the Services are and will remain the exclusive property of Nitrotrim and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Nitrocut® name or any of the Nitrocut® trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nitrotrim, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- CHARGES/FEES: In consideration for the Nitrotrim Products you receive from Nitrotrim, 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 Registration or update it at a later date.
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
INTERNATIONAL SHIPPING COST
- One Month Supply $10.99 Shipping
- Two Month Supply $14.99 Shipping
- Three Month Supply $18.99 Shipping
- Six Month Supply $30.99 Shipping
- REFUND POLICY. You are entitled to a 45 day money back guarantee when purchasing Nitrocut® Products. 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 45 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 information available for efficient processing of your cancellation order. Customer is liable for shipping and handling fee while returning the product.
- YOUR USE OF THE SERVICES.
- License Grant. Nitrotrim gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Nitrotrim as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Nitrotrim, in the manner permitted by these Terms.
- Our Rights. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Nitrotrim, its users and the public.
- Restrictions. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Nitrotrim’s computer systems, or the technical delivery systems of Nitrotim’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Nitrotim (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Nitrotrim; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- INDEMNIFICATION. You agree to indemnify and hold Nitrotrim 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 Services; (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 Nitrotrim 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.
- DISCLAIMERS AND LIMITATION OF LIABILITIES. Please read this section carefully since it limits the liability of Nitrotrim and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Nitrotrim Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available “As-Is”. Your access to and use of the Services, any Content, or Nitrocut® Products are at your own risk. You understand and agree that the Services, any Content, or Nitrocut® Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE NITROTRIM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, obtained from the Nitrotrim Entities or through the Services, will create any warranty not expressly made herein.
- Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that the Nitrotrim Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Nitrotrim Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NITROTRIM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (ii) 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; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; (iv) THE FAILURE TO REALIZE ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NITROTRIM ENTITIES EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (U.S. $500.00). YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH NITROTRIM MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE, OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NITROTRIM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- GENERAL TERMS.
- Waiver and Severability. The failure of Nitrotrim to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to or application of its conflict of law provisions or your state or country of residence. 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 Georgia, 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.
- Entire Agreement. The Agreement is the entire and exclusive agreement between Nitrotrim and you regarding the Services and the Agreement supersedes and replaces any prior agreements between Nitrotrim and you regarding the Services. There are no third party beneficiaries to the Terms.
- Updates and Notifications. We may revise these Terms from time to time, the most current version will always be at http://www.nitrocut.com/terms-and-conditions/. If the revision, in our sole discretion, is material we will notify you via a notification on the Site posted for 30 days following the implementation of the revised Terms or e-mail to the email address associated with your Member Account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
- CONTACT US. These Services are operated and provided by Powerhouse Formulations LLC, doing business as Nitrotrim, Nitrocut® 4780 Ashford Dunwoody Rd, Ste A 336 Atlanta, GA, 30338. If you have any questions about the Agreement or about the practices of Nitrotrim please feel free to contact us at (888)666-7715 or at support@Nitrocut.com.