TERMS OF USE & PRIVACY POLICY

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE, WHICH APPLY TO EVERYONE WHO VISITS THE SITE.

By using this Web site, you agree to the terms of the most recent version of these Terms of Use. Please read our Privacy Policy in order to understand how your personal information may be used and disclosed by Nutropical. Except as written in any other disclaimers, policies, terms of use, or other notices on this Web site, these Terms of Use and the Privacy Policy are the complete agreement between you and Nutropical with respect to your use of this Web site. You may, however, be subject to additional terms that may apply when you access particular services or materials in certain areas in this Web site, or by following a link from this Web site to other sites (which sites' terms of use and privacy policies you should review and consider separate and apart from Nutropical's Terms of Use and Privacy Policy).

Site Information This site provides information regarding Nutropical, its worldwide subsidiaries, and related industry information. PLEASE NOTE THAT NO INFORMATION ON THIS SITE IS PROVIDED WITH THE INTENTION OF OR SHOULD BE VIEWED AS GIVING MEDICAL ADVICE OR INSTRUCTION ON THE CORRECT USE OF NUTROPICAL’S PRODUCTS. Nutropical offers the information on this Web site for general educational and informational purposes only. This information is not intended as a substitute for advice, treatment, or recommendations from health care professionals. It is important for patients to follow the advice of their physicians and other health care professionals regarding individual medical and health care needs. Patients should consult with their physicians or other health care professional before using any product discussed within this Web site. Nutropical is not engaged in rendering medical advice or services.

Scope of Use Except for our site visitors’ downloading of a single copy of this site for informational, non-commercial purposes, no content on this site is to be copied, downloaded, or stored for any other purpose, nor is such content to be disseminated to any party or for any purpose, without the express, written permission of Nutropical. Nutropical retains the right, at any time, without prior notice, and with or without cause, to restrict or terminate a visitor’s use of or access to this site.

Links to Other Sites For the convenience of our visitors, Nutropical provides links to other Web sites. However, certain links on this site lead to resources located on servers maintained by third parties over whom Nutropical has no control. Nutropical is not responsible for third-party content or the consequences of one of our visitor’s use thereof; consequently, access to and use of such sites is at the risk of visitors to such sites. Such links do not and should not imply Nutropical’s endorsement of material on any other site. Nutropical expressly disclaims any liability with regard to access to such sites.

Order Acceptance By placing your order on our website, you authorize us to charge your credit card for the amount calculated during your order, or as modified by us for the reasons stated below, or modified as a result of your personal request. Please note that there may be certain orders that we are unable to accept, either in full or in part, and must cancel or modify. We reserve the right, at our sole discretion, to refuse, cancel or modify any order for any reason. Some situations that may result in your order being canceled or modified include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; address inaccuracies; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled by us after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Credit Card Billing For your convenience, your credit card will not be charged for your order until your payment method is authorized and the order information is verified for accuracy. Your order will generally be shipped the same day as your credit card is charged. However, there may be an unexpected situation which causes your order to be shipped up to 24 to 72 hours later.

Customs Nutropical strictly follows all international regulations regarding export to other countries. A variety of customs fees, taxes, and duties may be charged on orders sent outside of the United States, which are out of our control. Customer agrees that they are responsible for any charges incurred to obtain possession of package. Customer is advised to determine any and all fees and taxes that may be imposed to import products offered at Nutropical, and agrees to be fully responsible for such fees and taxes. Nutropical strictly follows all known national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.

Order Cancellations Should you wish to cancel your order after it is placed on our website, by telephone, by mail, or by fax, we will do so if your order has not been shipped. However, you must allow us at least 24 hours (Monday thru Friday) to receive your communication as it may have been shipped. If your order has already been shipped, please follow the regular order return procedure.

Order Returns You may return a product to Nutropical only when it has been purchased directly from Nutropical via our website, by telephone, or by mail or fax. Orders purchased from resellers must be returned to that reseller. Under no circumstances will Nutropical accept a return if the product has not been purchased directly from Nutropical. For products purchased from Nutropical, you may return the unused portion of a product WITHIN THIRTY (30) DAYS of receiving the order, and receive a refund of the original amount charged for the products. Please note that only one "opened" item per customer will be refunded. You may return other items that are still factory sealed for a refund. You will not be refunded for shipping and handling. Shipping charges will only be refunded if the return is due to our error. 

Contact us via email or telephone to obtain authorization to return your order. You must write the Return Authorization number on the outside of your package. All returns should be accompanied by a copy of your sales receipt packing slip and must be returned within the 90 day time period. After your return has been received it will take a few days to process. If you originally ordered using a credit card, refunds will be credited to your account. If you paid by check or money order, a refund check will be mailed to you. As an option, you may also apply the credit to your account with us to be used toward future purchases. Please mail returns to Nutropical at the address shown on our Contact page.

Lost or Stolen Merchandise If your domestic order has NOT been sent insured, we cannot replace lost or stolen merchandise that has been shown to be delivered by the United States Postal Service, or by any other delivery service. If you feel that your package cannot be safely delivered to your destination, please request that we add insurance to your order. If it has been insured, a replacement order will be sent along with documents for your signature, which we will need in order to make a claim with the delivery service so that we may recover the cost of the merchandise. International orders sent uninsured that are claimed by customer to be lost or stolen will not be replaced or refunded for any reason.

Prices & Currency The prices displayed on this website are quoted in U.S. dollars. Prices do not include shipping and handling or sales taxes (if applicable or unless otherwise stated) which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.

Pricing or Typographical Errors We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Nutropical shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will modify your order to the accurate price, may contact you for instructions, or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Items for Resale Nutropical reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Nutropical also reserves the right to prohibit sales to dealers.

Copyright and Trademarks All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Nutropical or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Nutropical. 

Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Nutropical is strictly prohibited. Nutropical and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Nutropical or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.

No Warranty - Disclaimer Nutropical is providing this site and its contents on an "as is" basis. Nutropical and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Nutropical and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. 

Nutropical and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Nutropical or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.

Usage You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Nutropical.

You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law.

You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon. You further agree that you will not access our website by any means except through the interface provided by Nutropical for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Nutropical and its affiliates, are responsible for compliance with applicable local laws.

These terms are effective unless and until terminated by either you or Nutropical. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Nutropical also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in Nutropical's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Nutropical or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

You agree that Nutropical may terminate or suspend your access to all or part of this site, without notice, for any conduct that Nutropical in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Nutropical or its affiliates.

Limitation of Liability NUTROPICAL AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. 

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUTROPICAL AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Notwithstanding the foregoing, the sole and entire maximum liability of Nutropical and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Nutropical on this site.

You agree to indemnify, defend and hold harmless Nutropical and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

Applicable Law; Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of New Jersey and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Hudson County, New Jersey, USA.

Severability; Interpretation If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

Changes to These Terms of Use Nutropical reserves the right to make additions, deletions, or modifications to these Terms of Use at any time without prior notification. Your use of this Web site constitutes your agreement to this right. Indicated at the bottom of these Terms of Use is the date when they were last updated.

Last Update: January 22,, 2009

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PRIVACY POLICY

Thank you for visiting Nutropical. Your privacy is important to us and we are committed to maintaining your privacy when you visit our site. This Privacy Policy outlines the kind of information we may collect while you visit our Web site and how we use that information. When you voluntarily provide us with personal information, such as your name, address or an e-mail address, we treat this information confidentially. Except as provided below, none of your personal information is ever rented, sold, publicly posted, or shared with other companies, organizations or Web sites. 

By using this Web site, you agree to the terms of the most recent version of this Privacy Policy. Please read our Terms of Use in order to understand the general rules about your use of this Web site. Except as written in any other disclaimers, policies, terms of use, or other notices on this Web site, this Privacy Policy and the Terms of Use are the complete agreement between you and Nutropical with respect to your use of this Web site. You may, however, be subject to additional terms that may apply when you access particular services or materials on certain areas in this Web site, or by following a link from this Web site to other sites (which sites’ privacy policies and terms of use you should review and consider separate and apart from Nutropical's Privacy Policy and Terms of Use).

Information Collected from You The majority of this site is offered without collecting any personally identifiable information from our visitors. We collect personally identifiable information, such as name, address, e-mail and demographic information (e.g., age, gender), only when you voluntarily submit it to us or you request information from us. We also collect this information to learn more about areas of the site that are of the most interest to visitors, or to learn who visits the site. We may on occasion post non-personally identified messages we receive from visitors to our sites, such as comments about our products and company. This Privacy Policy does not apply to content, business information, ideas, concepts, or inventions that you send to Nutropical by e-mail. If you want to keep such content or business information, ideas, concepts, or inventions private or proprietary, do not send them in an e-mail to this site. 

Only when you specifically request it will the information that we collect be used to respond to your questions and/or requests and to notify visitors about new content or services on our Web sites. If you decide you no longer wish to receive postal mailings and/or e-mails from us, please let us know by sending an e-mail to us at service@nutropical.com or by writing to us Nutropical LLC, Harmon Cove Towers Suite 415, Secaucus, NJ 07094 to tell us that you no longer wish to receive postal mail and/or e-mail. Please provide us with your exact name, postal address, and/or e-mail address. We will be sure your name is removed from our mailing list. 

As many other companies do, we measure the performance of our Web site to improve and customize it to better serve your needs. During your visit, we automatically collect the following information about your computer and your visit:

  • The domain and host from which you access the Internet 
  • The Internet address of the Web site from which you linked directly to our site, if applicable
  • The date and time you arrived at our site and how long you spent on the site and which pages you visited
  • Your Internet protocol (IP) address and
  • Your computer's operating system and browser software 

We may use third parties to manage these performance measurements, and to provide other services related to the operation and maintenance of this Web site. In such cases, these third parties may have access to personal information. These third parties are required to follow our privacy standards and to use such personal information only in order to fulfill their responsibilities to us. You may have the option to register on our site. If you do, we may retrieve your name, address, telephone number and e-mail address. Nothing will happen if you choose not to submit this information, except that you may not obtain the functionality or receive information you requested. At any time, upon your request, we will delete or modify personal information that you provided earlier. We will use personal information only for the purpose indicated to you when you provided it. 

We will not disclose, sell, rent or exchange this information to any other organization or entity unless you are first notified and expressly agree to it, or as otherwise required by law. In addition to the uses and disclosures set forth above, we may also release personal information to third parties to comply with applicable legal requirements, such as in responding to a search warrant, subpoena, or court order, or complying with a statute, regulation, or other law; in special situations, such as in response to a physical threat to you or to others, or to protect our property or to otherwise defend or assert our legal rights; or in ways that we believe are consistent with government regulations, guidance, directions, and laws applicable to Nutropical. In addition, we may cooperate with law enforcement authorities in investigating and prosecuting Web site visitors who violate our rules or engage in behavior that is harmful to other visitors or is illegal. 

We will not sell, exchange, or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. Furthermore, we may also de-identify your personal information and use such de-identified information for product development and other business purposes. We may share such de-identified information with third parties that provide data analysis and other services to us. However, in no event shall we rent or sell such de-identified information to such third parties.

Security Maintaining security of personally identifiable information has our highest priority. We follow strict security procedures for safeguarding information and preventing unauthorized access. We protect information in our high-security data center and adhere to strict computer security standards. We have put in place privacy protection control systems designed to ensure that information about you remains safe and secure. Only authorized Nutropical employees are permitted to have access to this information and such access is limited by need. 

However, the transmission of information over the Internet always presents some risk. For example, an unauthorized third party may intercept a transmission, or could find a means to penetrate our security measures. Consequently, although we believe we have implemented appropriate measures to protect your personal information, we cannot guarantee that your information will never be disclosed in a manner that is inconsistent with this Privacy Policy. As a result, you should take special care in deciding what information you send to us via e-mail.

Use of Cookies This Web site uses cookies that send information to your computer while you are viewing this site. Cookies are unique to your computer, and allow the Web server to recall information that will make your use of the site easier and more convenient. Cookies add convenience that allows you to save time when you return to this site. They can only be read by a Web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. 

We use cookies to obtain non-personal information from on-line visitors. Cookies track the type of browser, operating system, and Internet service provider and allow us to tabulate the total number of visitors to our site. You may disable the cookie feature on your computer or set it to alert you when cookies are being sent by using the preferences on your browser. If you choose to disable cookies, however, we may not be able to provide you with certain features (e.g., customized delivery of information) available on our Web site.

Changes to the Privacy PolicyWe reserve the right to make additions, deletions, or modifications to this Privacy Policy at any time without prior notification. Your use of this Web site constitutes your agreement to this right. Indicated at the bottom of this Privacy Policy is the date when it was last updated.

Last Update: January 22, 2009

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