Terms of Use

Please read our Terms of Use very carefully before using our website.
In using our site and any of its affiliated services, you agree to these Terms of Use. If you do not agree to all of these conditions or if you do not understand any of these conditions, please do not use this site. Your use constitutes your agreement. These terms are binding upon you.

By using or shopping at this site, you acknowledge that you are 18 or older.

Nutritional Excellence, owner of this website, may revise or update these Terms of Use at any time. Your continued use of our site and any of our services means that you accept our revisions and changes. You agree that it is your responsibility to keep current on any changes we make to our Terms of Use. Please check the Terms of Use regularly.

Not medical advice and not a substitute for your physician
The contents of the website such as: articles, text, graphics, images, links and other material contained on the site or any supporting material (for example, newsletters and books) are for informational and educational purposes only. The content and products on this site should not be considered a substitute for professional medical advice. Your physician or other qualified health provider should always be consulted with any questions you may have regarding a diagnosis, medical condition or treatment. The use of the website and its content is a choice that you have voluntarily made, and Nutritional Excellence, LLC assumes no liability for your use of the website. Reliance on the website and any of its materials is at your own risk. The products on the website are not intended for self-diagnosis or self-treatment of conditions; these should be managed by a qualified health care provider. Our website and forums do not supply medical care or medical services.

For your personal use only
Our website, including the content, is protected by copyright, trademark and other intellectual property laws. Nutritional Excellence, LLC authorizes you to view the material on the site for your personal use only. Any commercial use is strictly prohibited. If you print a copy of any of our information for your personal use, you must include our copyright notice. “Copyright 2007, Nutritional Excellence, LLC. All rights reserved” on each page printed.

Termination or Suspension. Nutritional Excellence may terminate or suspend your account, at any time, without notice, for conduct that Nutritional Excellence believes violates these Terms of Use or is harmful to others or for nonpayment of services. Nutritional Excellence reserves the right to modify the website or any services it provides at any time. You may terminate your subscription by notifying info@eatrightamerica.com that you wish to terminate, however, Nutritional Excellence shall not be required to refund any amounts paid and you will continue to be responsible for all unpaid amounts due for the period prior to termination.

Internet issues
Evolving issues concerning the Internet are beyond the responsibility or control of Nutritional Excellence, LLC. Accordingly, we cannot assume liability for delays, failures or data transmission related to the Internet.

No warranties or liability:
Nutritional Excellence, LLC always endeavors to provide accurate information, but it does so on an “as is” basis. In no event can Nutritional Excellence, LLC be held responsible for any errors that might occur. Nutritional Excellence, LLC will provide no monetary damages in connection with your use of the website, whether direct, consequential or otherwise. Nutritional Excellence, LLC disclaims all warranties, either express or implied, including but not limited to merchantability, non-infringement and fitness for particular purpose. If, notwithstanding the foregoing, Nutritional Excellence or its affiliates is found liable for damages, it is agreed that such liability shall not exceed One Hundred Dollars ($100.00), in the aggregate.

Indemnity
You agree to indemnify and hold Nutritional Excellence, LLC and its affiliates harmless from and against any and all claims, actions or demands including reasonable legal fees resulting from your use of this website.
 
Submissions
Any submission you make to us of any idea, information, business invention or concept is voluntary and may be used by us for any purpose and in any medium whatsoever. If you have a proprietary interest in your idea, information, business invention or concept, please do not submit it to us.
 
Returns and Refunds
Supplements, food products, paper-based books, digital books and newsletters cannot be returned for refund or exchange. DVDs can be returned within 7 days of your receipt of the shipment, provided they are returned unused, with original packaging (cellophane) intact.

If you have questions about your order, please email orders@EatRightAmerica.com. Please contact us immediately if you received the wrong item or if an order was damaged during transit. Please do not open any of the items. We will give you instructions on returning the items and will ship replacements to you.

Links
Our website may provide links to other websites as a convenience. We cannot be responsible for the content for such websites, nor can we make any warranties regarding these sites.

Postings; Copyright Agent
You agree not to post anything that is defamatory, abusive, vulgar, offensive, untrue or misleading or that infringes a third party’s rights.

Nutritional Excellence does not guarantee that it will monitor all postings, and cannot guarantee that material in violation of Nutritional Excellence's policy will not be posted.

If you believe that information that you have posted on or through the Service has been used in a manner that constitutes copyright infringement, please provide Nutritional Excellence’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the website;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Nutritional Excellence’s Copyright Agent for notice of claims of copyright infringement is: ­­­­­­­­­­Kevin Leville at info@eatrightamerica.com.

These Terms of Use shall be governed by the laws of the State of Connecticut. You submit to personal jurisdiction and venue in the state and federal courts located in Connecticut. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous agreements, written or oral between us.. Nutritional Excellence’s failure to exercise any right under these Terms of Use will not be construed as a waiver of such right, nor will it in any way affect its other rights hereunder.

Please contact us with any questions or comments regarding this website at info@eatrightamerica.com. We will try to respond to all inquiries as quickly as possible and appreciate your patience given the volume of mail we receive.
October 18, 2007