This Internet web site (“healthsimple.com”) is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by McNeil Nutritionals, LLC (“McNeil”) from time to time (collectively referred to as this "Agreement"). Your use of the Web Site constitutes your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, do not use the Web Site or order any items from it.
If you have any questions or concerns with respect to this Agreement or the Web Site, you may contact a representative of McNeil by e-mail.
The Web Site is intended for and directed to adults in the United States only. The Web Site is not intended for any children under the age of 13.
McNeil may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Each time changes are made to this Agreement, notice of these changes will be posted on the Web Site home page. Your continued use of the Web Site or placement of orders following the posting of changes constitutes your acceptance of any such changes.
All right to, title to, and interest in the content displayed on the Web Site, including without limitation, the Web Site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of or are otherwise owned, controlled or licensed by McNeil or its applicable partners, agents or third parties. The Web Site and the content herein are protected by worldwide copyright laws.
You acknowledge that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by McNeil herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including without limitation, any software) available through the Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Web Site for the sole purpose of placing an order via the Web Site or using the Web Site as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Web Site in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission of McNeil. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of McNeil. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of McNeil's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
You agree to comply with all applicable laws regarding your use of the Web Site.
The Web Site may provide links or references to other web sites (“Third Party Site(s)”), but the owner of the Web Site has no responsibility for such Third Party Sites and shall not be liable for any damages or injury arising from your use of any Third Party Site. Any links to any Third Party Sites are provided solely as a convenience to you and should not be construed as an endorsement by McNeil of content, items, or services available on those Third Party Sites. You access and use such Third Party Sites, including the content, items, or services available on those Third Party Sites, solely at your own risk. McNeil makes no representations or warranties with respect to the content, ownership, or legality of any such Third Party Sites. You agree that McNeil has no responsibility or liability for the availability of any Third Party Site, or for the content, advertising, products, or other materials available through such Third Party Sites.
THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEB SITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND CONSTITUTES NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM, NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOURUNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHERQUALIFIEDHEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTINGANY NEWTREATMENT. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TOBE USED FORMEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION IS PROVIDEDWITH THEUNDERSTANDING THAT NEITHER MCNEIL NOR ITS SUPPLIERS OR AGENTS AREENGAGED INRENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES ORADVICE. YOUR USE OF THE WEB SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS ANDCAVEATSTHAT MAY APPEAR THROUGHOUT THE WEB SITE. MCNEIL AND ITSSUPPLIERS ANDAGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLYORINDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, ITEMS, OR OTHER MATERIAL ON THE WEB SITE. WHILE MCNEIL STRIVES TOKEEP THEINFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, MCNEILAND ITSSUPPLIERS AND AGENTS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OFTHEINFORMATION.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCNEIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MCNEIL DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MCNEIL MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCNEIL OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the website. If you are unwilling to accept the terms and conditions of the Privacy Policy, do not use the Web Site or order any items from it.
McNeil attempts to describe the items available on the Web Site as accurately as possible. McNeil does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product described on the Web Site is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the Web Site under Customer Service.
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The Web Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web Site and when errors are discovered, we will correct them. Be advised that McNeil reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.
All items purchased from the Web Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
You may return items to the Web Site in accordance with our Returns Policy as listed in the Web Site under Customer Service.
Any warranty or guarantee regarding any third party product or item you purchase via the Web Site is provided to you solely by the applicable third party. To the extent it is authorized to do so, McNeil will pass said third party warranties and guarantees to you upon your purchase of the third party product or item. McNeil does not make any representations, warranties or guarantees with respect to any third party products, items or services that may be obtained from the Web Site, and you agree that McNeil will have no liability with respect to any loss or damage of any kind incurred as a result of any third party product or item, or as a result of the presence of such third party products or items on the Web Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MCNEIL, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES.
You agree to indemnify and hold harmless McNeil, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; information you submit or transmit through the Web Site; your breach of this Agreement; and your connection to the Web Site.
You agree that McNeil may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that McNeil will not be liable for the consequences of doing so.
You agree that McNeil may, in its sole discretion, and at any time, terminate your use of the Web Site, without prior notice to you, for any reason that McNeil, in its sole discretion, deems appropriate. You further agree that McNeil will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any principles of conflicts of law.
