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Terms and Conditions
Welcome to the HUM Nutrition website located at www.humnutrition.com/ (the “Site”). The term “HUM Nutrition” includes HUM Nutrition. and our affiliates and subsidiaries, including without limitation HUM Nutrition. Please read these Terms and Conditions (the “Terms”), our Privacy Policy (www.humnutrition.com/privacy) (“Privacy Policy”) and our Limited Warranty Terms (“Warranty Terms”) (www.humnutrition.com/warranty) carefully because they govern your use of our Site, our online store for HUM Nutrition products (“Products”) and the content accessible via our Site, including our membership boxes. To make these Terms easier to read, the Site, our online store and services are collectively called the “Services.”
IMPORTANT DISCLAIMER
1. THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health-care professional. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.
2. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, dietitians, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk. The site is intended for healthy adults only. Subscribers must be 18 years or over.
3. The use of this website does not create a professional-client relationship (including relationship between Subscribers and Registered Dietitians). Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our web site.
4. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site.
5. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.
6. You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.
7. You should carefully read all product packaging and instructions for any products or services purchased from this Site.
1. Agreement to Terms. By using our Services, you agree to be bound
by these Terms. If you don’t agree to be bound by these Terms, do
not use the Services.
2. Privacy Policy. Please refer to our Privacy Policy for
information on how we collect, use and disclose information from our
users. You acknowledge and agree that your use of the Services is
subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HUM NUTRITION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Service?
(a) Eligibility. You may use the Services only if you are 18 years
or older and capable of forming a binding contract with HUM
Nutrition and are not barred from using the Services under
applicable law.
(b) Registration and Your Information. You’ll have to create an
account if you want to use certain features of the Services
(“Account”), such as register for certain promotions that we may
offer from time to time, post a Product review, or become a HUM
member. You can do this via the Site. You agree not to use the Site
for any of the following purposes
• Posting any information which is inaccurate, untrue
• Posting information that is not your own
• Posting or communicating any material that infringes on any
intellectual property or privacy right of another person or
entity
• Engaging in conduct that would constitute a criminal offense
• Engaging in conduct that would give rise to civil liability
• Engaging in conduct that would violate any law or regulation
• Attempting to interfere in any way with the Site’s or HUM
Nutrition’s network security
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at healthy@humnutrition.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Purchase of Products. You may purchase Products in our online
store accessible on the Site. All Products, specifications and
prices described on the Site are subject to change at any time
without notice.
(a) Payments. When you purchase a Product and make a payment via the
Site (each such purchase, a “Transaction”), you expressly authorize
us (or our third-party payment processor) to charge you for such
Transaction. We may ask you to supply additional information
relevant to your Transaction, including your credit card number, the
expiration date of your credit card and your email and postal
addresses for billing and notification (such information, “Payment
Information”). You represent and warrant that you have the legal
right to use all payment method(s) represented by any such Payment
Information. When you initiate a Transaction, you authorize us to
provide your Payment Information to third parties so we can complete
your Transaction and to charge your payment method for the type of
Transaction you have selected (plus any applicable taxes and other
charges). You may need to provide additional information to verify
your identity before completing your Transaction (such information
is included within the definition of Payment Information).
(b) Prices. Prices for the Products may be displayed in US dollars
or in local currency, depending on the location from which you
access the Site.
(c) Shipping. Products purchased via the Site will be shipped to the
address you designate as the shipping address during the check-out
process. Shipping restrictions apply (please visit
www.humnutrition.com/shipping for more information). HUM Nutrition
is not responsible for taxes and/or duties or any brokerage and/or
delivery fees and/or return postage applied to international
shipments. We recommend that you contact your customs office to
inquire about import regulations before placing an order. HUM
Nutrition will not be liable for packages refused or held for
delivery. Please note that refunds will not be issued for any order
that is refused or abandoned by the intended recipient, orders that
can't be delivered due to an address error, or orders seized by
Customs.
(d) Returns. You may return Products that you purchase via the Site
in accordance with HUM Nutrition’s return policy available on the
Site (please visit www.humnutrition.com/help/shipping for more
information).
(e) Warranty. The Products are covered by a limited warranty as
described in the Warranty Terms.
6.1 Commercial Transactions
The services offered by HUM Nutrition are subscription-based
services. When you open a subscription-based account, you hereby
agree to pay all charges to your account, including any applicable
taxes, in accordance with billing terms in effect at the time the
fee or charge becomes payable. HUM Nutrition Inc reserves the right
to change the amount of, or basis for determining, any fees or
charges for Services we provide, and to institute new fees, charges
or terms effective upon notice to subscribers.
Your subscription will be automatically renewed and your credit card
will be automatically charged, depending upon the billing terms for
your account, for as long as you remain a Subscriber. You agree that
HUM Nutrition Inc will not be obligated to send you any renewal or
advance billing notices or confirmations that your credit card has
been charged.
Your right to use the Service or a specific product is conditional
upon our receipt of payment. If payment cannot be charged to your
credit card or if a charge is refunded for any reason, including
chargeback, we reserve the right to immediately either suspend or
terminate your access and account, thereby terminating this
Agreement and all HUM Nutrition Inc obligations hereunder. You are
required to pay any amounts still owed to us at the time your
account is suspended or terminated.
HUM Nutrition has two subscription plans: Monthly and 3 months. If
you select a monthly plan, you can cancel at any time. If you select
a 3 month plan, you can make changes to your shipment at any time,
but if you cancel before the period is up we will charge your
account for the amount of any plan savings accrued up until that
point.
In the event that you elect to terminate your HUM Nutrition
subscription, please follow the instructions signaled on the
website. In case of further correspondence, email
healthy@humnutrition.com
If you have any questions regarding your supplements or your
supplement order, you may email healthy@humnutrition.com or call our
HUM Nutrition customer service at (888) 647-8880 which can receive
messages 24/7. If it is an emergency, please call 911.
In the case of your HUM Nutrition Inc order, if you are not
completely satisfied with our HUM Nutrition Inc products, then there
is a 100% refund available. If you have opened the products, simply
return the opened products within 30 days. Upon receipt of your
supplements, we will refund you with credit.
6.2 Fraud Prevention Policy
All orders are reviewed for fraud or other types of unauthorized
activity. We reserve the right to review and refund or not process
an order due to suspected fraud or unauthorized activity. We reserve
the right to cancel any accounts or refuse to ship to certain
addresses due to suspected fraud or unauthorized or illegal
activity. For any questions please reach out to us via email at
healthy@humnutrition.com.
7. Offer Codes; Spokespeople; Refer-a-Friend Program; SMS
Program.
(a) Offer Codes. From time to time, HUM Nutrition may offer
promotional or offer codes that are redeemable towards a purchase of
Products on the Site, subject to expiration dates, minimum purchase
order, Product exclusions and any other restrictions as may be
determined and communicated by HUM Nutrition in its sole discretion
(“Offer Codes”). Only valid Offer Codes provided by HUM Nutrition
will be honored by HUM Nutrition. Each Offer Code offered by HUM
Nutrition(i) is non-transferable, (ii) is valid for one single
purchase on the Site, (iv) cannot be redeemed for cash or any cash
equivalent. Offer Codes cannot be used towards purchase of non-HUM
Nutrition branded merchandise, taxes, or shipping charges. HUM
Nutrition is not responsible for any unauthorized use of Offer
Codes. The monetary value of the Offer Code will not be refunded or
credited back if the Product purchased using the Offer Code is
returned. Offer Codes are void if copied, transferred, sold,
exchanged or expired, and where prohibited.
Coupon code HUM10 is provided for individual use only on first-time
purchases with a minimum subtotal of $29. HUM reserves the right to
review & refund and order deemed in excess of personal usage,
including orders over $150 before discount applied. Codes &
offers are not retroactive and price adjustments will not be issued
to orders placed prior to the start of any promotion. Plan Discounts
and BUY 3 Discounts apply to each order that meets the criteria of
such discounts. This offer is subject to change without notice.
Promo valid for new customers only on first-time purchases of US $29
to US $125 before tax, shipping and discount between 11/8/20 and
ending 11/30/20. For personal use only. Savings of 50% when code
SITEWIDE is paired with Buy 3 discount and 3 month plan. Savings of
42% when code SITEWIDE is paired with 3 month plan and no Buy 3
discount. Savings of 34% when code SITEWIDE is paired with Buy 3
discount and a monthly plan. Savings of 22% without any other promos
and discounts. Other terms and conditions apply.
(b) Certificate Codes
From time to time HUM may issue certificates. Certificates are
coupons for discounts off future purchases and may be redeemed only
for a discount off purchase amounts equal to or greater than the
specified amount before other discounts applied. Certificates are
not transferable and may be used only by the member to whom issued.
Certificates may be used in conjunction with most other discounts or
offers toward the purchase of products, not to exceed the purchase
amount. Unless noted otherwise on the certificate, each certificate
will expire 30 days from the issuance date. Certificates have no
cash value and no change will be given for certificate redemption.
Certificates are not retroactive and price adjustments will not be
issued to orders placed prior to the date issued. Certificates may
be used only once. Certificates expire at 11:59 p.m. PT on the
expiration date shown on the reward certificate. This offer is
subject to change without notice.
(c) Offer Codes from Spokespeople. From time to time, HUM Nutrition
may engage spokespeople, influencers, bloggers, or other individuals
or entities who have been compensated or incentivized to speak on
behalf of our brand. If you receive an Offer Code from a third-party
source, please note that such individual may have been compensated
by HUM Nutrition for his or her statements.
(d) Refer A Friend Promotion Terms:
HUM NUTRITION may provide you referral credits ("Referral Credits")
when you invite your friends to make a qualifying order on
www.humnutrition.com ("Credit-Eligible Orders") using your
applicable referral code. Referral Credits may be awarded to you
when your friends make their first purchase of a qualifying
Subscription. Referral Credits are granted in HUM NUTRITION's sole
discretion. In order for you to be eligible to receive Referral
Credits for friends making new Credit-Eligible Orders, the new
friend must use the referral code HUM NUTRITION provides to you and
make a first-time purchase on humnutrition.com of US $39+ or as
applicable. Referral codes will not be applied to subsequent
automatically renewed orders and are void where prohibited. You are
only able to obtain maximum number of fifteen (15) Referral
Credits.
Referral Credits are loyalty or promotional discounts or credits
offered by HUM NUTRITION, and do not constitute an account, a
payment instrument or other property owned by any HUM NUTRITION
user. Any person that receives credits, coupons, prizes or other
benefits from HUM Nutrition by posting to coupon sites, comment
sections on third party sites, using multiple user accounts or email
addresses, using false names, impersonating others, or through the
use of any other fraudulent or misleading conduct as determined by
HUM Nutrition, shall forfeit any credits, coupons, prizes or
benefits obtained through such means, and may be liable for civil
and/or criminal penalties under applicable law. HUM NUTRITION
reserves the right to deactivate your referral code at its sole
discretion. If your account has not been active for six (6)
consecutive months, any Referral Credits you may have earned will
expire at that time.
HUM Nutrition reserves the right to cancel the Referral Program or
to change the Terms & Conditions at any time in its sole
discretion. Any unclaimed referral rewards will be forfeited at that
time. HUM Nutrition reserves the right to close the account(s) of
any Referrer and/or Referred Customer and to request proper payment
if the Referrer and/or Referred Customer attempts to use the
Referral Program in a questionable manner or breaches any of these
Terms & Conditions or is in violation of any law, statute or
governmental regulation.
You must comply with all up-to-date “SPAM” laws. For example, emails
must be created and distributed in a personal manner and bulk email
distribution is prohibited. Any distribution of your referral code
that could constitute unsolicited commercial email or "spam" under
any applicable law or regulation is expressly prohibited and will be
grounds for immediate termination of your account, revocation of
Referral Credits and exclusion from the Referral Program.
(e) By opting into receive SMS/MMS communications from HUM you agree
to receive recurring automated text messages (SMS and MMS) at the
phone number provided. Consent is not a condition to purchase. Msg &
data rates may apply. You may unsubscribe at any time by replying
STOP.
(f) VIP Rewards are physical items or credits issued to active HUM
subscribers as gifts while supplies last. A gift will be issued
every 3 orders beginning 6/17/2021 and subject to change without
notice. Gifts expire 6 weeks from date of issue and must be applied
by the customer and used before the expiration date. Physical gifts
will be added to the applicable order and shipped with that order
where at least one other HUM product is also included. Physical
gifts are not transferable and only available to the member they are
originally issued. Physical gifts have no cash value, are not for
resale use, not retroactive and price adjustments will not be issued
in relation to these gifts. In the event of a returned order that
included a physical gift, the gift must be returned with the other
items in that order. Credits are provided for individual use only
with a minimum subtotal of $29. HUM reserves the right to review &
refund any order deemed in excess of personal usage or in accordance
with our fraud prevention policy. Credits are not retroactive and
price adjustments will not be issued to orders placed prior to the
start of any promotion. HUM Nutrition reserves the right to edit,
modify or cancel these rewards at any time without notice.
8. Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means
text, graphics, images, music, software, audio, video, works of
authorship of any kind, and information or other materials that are
posted, generated, provided or otherwise made available through the
Services; and (ii) “User Content” means any Content that Site
visitors (including Account holders) provide to be made available
through the Services, including Product reviews. User Content also
includes Content that explicitly refers to HUM Nutrition, the
Products or the Services that you submit or make available through
third-party websites or platforms (“SNS User Content”). HUM
Nutrition has no obligation to make any User Content available on
the Site.
(b) Our Content Ownership. HUM Nutrition does not claim any
ownership rights in any User Content and nothing in these Terms will
be deemed to restrict any rights that you may have to use and
exploit your User Content. Subject to the foregoing, HUM Nutrition
and its licensors exclusively own all right, title and interest in
and to the Services and Content, including all associated
intellectual property rights. You acknowledge that the Services and
Content are protected by copyright, trademark, and other laws of the
United States and foreign countries. You agree not to remove, alter
or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the
Services or Content.
(c) Rights in User Content Granted by You. By making any User
Content available through the Services you hereby grant to HUM
Nutrition a non-exclusive, transferable, worldwide, royalty-free
license, with the right to sublicense, to use, copy, modify, create
derivative works based upon, distribute, publicly display, and
publicly perform your User Content in connection with operating and
providing the Services and Content to you and to other Site
visitors. In addition, you hereby grant to HUM Nutrition a
non-exclusive, transferable, worldwide, royalty-free license, with
the right to sublicense, to use, copy, modify, create derivative
works based upon, distribute, publicly display, and publicly perform
your SNS User Content in connection with operating and providing the
Services and Content to you and to other Site visitors, subject to
the terms and conditions of the third-party website or platform to
which the SNS User Content was submitted.
(d) Your Responsibility for User Content. You are solely responsible
for all your User Content. You represent and warrant that you own
all your User Content or you have all rights that are necessary to
grant us the license rights in your User Content under these Terms.
You also represent and warrant that neither your User Content, nor
your use and provision of your User Content to be made available
through the Services, nor any use of your User Content by HUM
Nutrition on or through the Services will infringe, misappropriate
or violate a third party’s intellectual property rights, or rights
of publicity or privacy, or result in the violation of any
applicable law or regulation.
(e) Rights in Content Granted by HUM Nutrition. Subject to your
compliance with these Terms, HUM Nutrition grants to you a limited,
non-exclusive, non-transferable license, with no right to
sublicense, to access and view the Content solely in connection with
your permitted use of the Services and solely for your personal and
non-commercial purposes.
(f) Sponsored Content. From time to time, HUM Nutrition may make
available through the Services Content that is sponsored by third
parties.
9. General Prohibitions and HUM Nutrition’s Enforcement Rights. You
agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that:
(i) infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against
any individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual
element within the Services, HUM Nutrition’s name, any HUM Nutrition
trademark, logo or other proprietary information, or the layout and
design of any page or form contained on a page, without HUM
Nutrition’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services,
HUM Nutrition’s computer systems, or the technical delivery systems
of HUM Nutrition’s providers;
(d) Attempt to probe, scan or test the vulnerability of any HUM
Nutrition system or network or breach any security or authentication
measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented by HUM
Nutrition or any of HUM Nutrition’s providers or any other third
party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download
Content from the Services through the use of any engine, software,
tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than the software
and/or search agents provided by HUM Nutrition or other generally
available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters or other form of
solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing an
HUM Nutrition trademark, logo URL or product name without HUM
Nutrition’s express written consent;
(i) Use the Services or Content, or any portion thereof, for any
commercial purpose or for the benefit of any third party or in any
manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting, or in any way use the
Services or Content to send altered, deceptive or false
source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer
any of the software used to provide the Services or Content;
(l) Interfere with, or attempt to interfere with, the access of any
user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, or mail-bombing the
Services;
(m) Collect or store any personally identifiable information from
the Services from other users of the Services without their express
permission;
(n) Impersonate or misrepresent your affiliation with any person or
entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the
foregoing.
Although we’re not obligated to monitor access to or use of the
Services or Content or to review or edit any Content (including
without limitation Product reviews), we have the right to do so for
the purpose of operating the Services, to ensure compliance with
these Terms and to comply with applicable law or other legal
requirements. We reserve the right, but are not obligated, to remove
or disable access to any Content, at any time and without notice,
including, but not limited to, if we, at our sole discretion,
consider any Content to be objectionable or in violation of these
Terms. We have the right to investigate violations of these Terms or
conduct that affects the Services. We may also consult and cooperate
with law enforcement authorities to prosecute users who violate the
law.
10. DMCA/Copyright Policy. HUM Nutrition respects copyright law and expects its users to do the same. It is HUM Nutrition’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HUM Nutrition’s Copyright Policy at humnutrition.com/copyright, for further information.
11. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
12. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at healthy@humnutrition.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8(a), 8(b), 8(c), 13, 15, 16, 17, and 18.
13. Warranty Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY TERMS, THE PRODUCTS, SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
14. Indemnity. You will indemnify and hold harmless HUM Nutrition and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
15. Limitation of Liability.
(a) NEITHER HUM NUTRITION NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS,
LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUM
NUTRITION OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL HUM NUTRITION’S TOTAL LIABILITY ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO
USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE
PAID TO HUM NUTRITION FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE
SERVICES OR CONTENT, AS APPLICABLE, OR ONE HUNDRED DOLLARS ($100),
IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HUM NUTRITION.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUM
NUTRITION AND YOU.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and HUM Nutrition are not required to arbitrate will be the state and federal courts located in the State of California, and you and HUM Nutrition each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any
dispute, claim or controversy arising out of or relating to these
Terms or the breach, termination, enforcement, interpretation or
validity thereof or the use of the Products, Services or Content
(collectively, “Disputes”) will be resolved solely by binding,
individual arbitration and not in a class, representative or
consolidated action or proceeding. You and HUM Nutrition agree that
the U.S. Federal Arbitration Act governs the interpretation and
enforcement of these Terms, and that you and HUM Nutrition are each
waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of
these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 17(a)
above: (i) you may seek to resolve a Dispute in small claims court
if it qualifies; and (ii) we each retain the right to seek
injunctive or other equitable relief from a court to prevent (or
enjoin) the infringement or misappropriation of our intellectual
property rights. In addition, you will retain the right to opt out
of arbitration entirely and litigate any Dispute if you provide us
with written notice of your desire to do so by email at
privacy@humnutrition.com or by regular mail at 750 N. San Vicente
Blvd, Suite 1550, West Hollywood, CA 90069 within thirty (30) days
following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration
will be conducted by the American Arbitration Association (“AAA”)
under its Consumer Arbitration Rules (the “AAA Rules”) then in
effect, except as modified by these Terms. The AAA Rules are
available at www.adr.org or by calling 1-800-778-7879. A party who
wishes to start arbitration must submit a written Demand for
Arbitration to AAA and give notice to the other party as specified
in the AAA Rules. The AAA provides a form Demand for Arbitration at
www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether
the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic or
video-conference hearing, or by an in-person hearing as established
by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a
hearing will be determined by the AAA Rules. Any arbitration
hearings will take place in the county (or parish) where you live,
unless we both agree to a different location. The parties agree that
the arbitrator shall have exclusive authority to decide all issues
relating to the interpretation, applicability, enforceability and
scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and
arbitrator fees will be governed by the AAA Rules. We’ll pay for all
filing, administration and arbitrator fees and expenses if your
Dispute is for less than $10,000, unless the arbitrator finds your
Dispute frivolous. If we prevail in arbitration we’ll pay all of our
attorneys’ fees and costs and won’t seek to recover them from you.
If you prevail in arbitration you will be entitled to an award of
attorneys’ fees and expenses to the extent provided under applicable
law.
(e) Class Action Waiver. YOU AND HUM NUTRITION AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute
is resolved through arbitration, the arbitrator may not consolidate
another person's claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding. If
this specific provision is found to be unenforceable, then the
entirety of this Dispute Resolution section shall be null and
void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions
of Section 3 “Changes to Terms or Services” above, if HUM Nutrition
changes any of the terms of this Section 17 “Dispute Resolution”
after the date you first accepted these Terms (or accepted any
subsequent changes to these Terms), you may reject any such change
by sending us written notice (including by email to
optout@humnutrition.com) within 30 days of the date such change
became effective, as indicated in the “Last Updated” date above or
in the date of HUM Nutrition’s email to you notifying you of such
change. By rejecting any change, you are agreeing that you will
arbitrate any Dispute between you and HUM Nutrition in accordance
with the terms of this Section 17 “Dispute Resolution” as of the
date you first accepted these Terms (or accepted any subsequent
changes to these Terms).
(g) Severability. With the exception of any of the provisions in
Section 17(e) of these Terms ("Class Action Waiver"), if an
arbitrator or court of competent jurisdiction decides that any part
of these Terms is invalid or unenforceable, the other parts of these
Terms will still apply.
18. General Terms.
(a) Entire Agreement. These Terms constitute the entire and
exclusive understanding and agreement between HUM Nutrition and you
regarding the Products, Services and Content, and these Terms
supersede and replace any and all prior oral or written
understandings or agreements between HUM Nutrition and you regarding
the Services and Content. With the exception of the Class Action
Waiver, if any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible
and the other provisions of these Terms will remain in full force
and effect. You may not assign or transfer these Terms, by operation
of law or otherwise, without HUM Nutrition’s prior written consent.
Any attempt by you to assign or transfer these Terms, without such
consent, will be null. HUM Nutrition may freely assign or transfer
these Terms without restriction. Subject to the foregoing, these
Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
(b) Notices. Any notices or other communications provided by HUM
Nutrition under these Terms, including those regarding modifications
to these Terms, will be given: (i) via email; or (ii) by posting to
the Services. For notices made by e-mail, the date of receipt will
be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. HUM Nutrition’s failure to enforce any right
or provision of these Terms will not be considered a waiver of such
right or provision. The waiver of any such right or provision will
be effective only if in writing and signed by a duly authorized
representative of HUM Nutrition. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies
under these Terms will be without prejudice to its other remedies
under these Terms or otherwise.
(d) Compliance with laws. You shall comply with all applicable laws,
including, but not limited to, as applicable, the EU General Data
Protection Regulation and its requirements related to capturing
verifiable consent, obtaining parental consent, responding to data
subject requests, complying with international data transfer laws
and other requirements relating to personal information, data
localization, cookies and recordkeeping requirements.
19. Contact Information. If you have any questions about these Terms, the Products or the Services, please contact HUM Nutrition at privacy@humnutrition.com.
Email: healthy@humnutrition.com
Mailing address:
HUM Nutrition
Attention: General Counsel
750 N. San Vicente Blvd, Suite 1550
West Hollywood, CA 90069