terms of service
Date of last revision: November 14, 2022
Thank you for visiting www.nuvitacbd.com (our "Site"). This Site is powered by GRLPWR, LLC (doing business as and referred to herein as “NuVita”). All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the "Terms"). As used herein, the terms “our,” “we,” and “us” refer to both NuVita.
YOUR USE OF THE NUVITA SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU ARE AN AFFILIATE, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR NUVITA AFFILIATE AGREEMENT AND THE NUVITA POLICIES AND PROCEDURES.
1. Site Use Generally
Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any Products confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or purchase any of the Products.
If you are dissatisfied with the Site or Products, your sole and exclusive remedy is to stop using the Site or Products, except for the limited warranties that may apply to NuVita's Products or as otherwise expressly stated in section 4 of this Agreement (NuVita Customer Guarantee).
2. Your User License
You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Puerto Rico, U.S. Virgin Islands, Guam, and U.S. Territories, possessions, and trusteeships ("Applicable Markets"). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. We reserve the right to cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited. Posts must also be free from software viruses, political campaigns, political issues, and commercial solicitations. NuVita also reserves the right (but not the obligation) to remove and/or edit any content that violates this section.
3. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without NuVita's prior written permission, The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
4. Customer Guarantee
NuVita guarantees the quality of Products carrying the NuVita name and certifies that the Products meet high standards of freshness and purity for customer use. We are confident that you will find our Products satisfactory in every way. We stand behind the quality of our Products and guarantee your satisfaction. However, if for any reason, you are not completely satisfied with any Products purchased from nuvitacbd.com, we offer an exchange or a full refund (excluding shipping charges). Simply request a refund from NuVita within 30 days from your receipt of the Product(s) by contacting email@example.com. This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
5. Autoship Orders (recurring orders)
You can modify or cancel your autoship orders (recurring orders) from within your customer account or simply emailing firstname.lastname@example.org and we will assist you with these changes.
You may return items using the Return Request Form available on the Site or in the packaging information included with each order. Detailed information on returns handling can also be obtained on the Site at www.nuvitacbd.com/pages/return-exchange-refund-policy, or contact us as described in the "Contact Us" section, below, and we will be happy to assist you.
8. Additional Terms
All information, materials, functions and other content (including Submissions as defined in Section 13 below) provided on this Site (collectively “Content”), such as the Site design, text, selection and arrangement of elements, organization, graphics, images, magnetic translation, digital conversion, etc., is our exclusive property or the property of our licensors and is protected by U.S. and international copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed, transmitted, modified, or distributed in any way, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, all product names, company names, and all other trademarks, service marks, trade dress, trade names, logos (collectively the “Marks”) used and displayed on this Site are our registered and unregistered Marks and the Marks. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site. Our Marks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
12. Claim of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below.
By Mail: NuVita
Attn: Copyright Agent
4500 Empire Way
Lansing, Michigan 48917
By Email: email@example.com
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our Products, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
14. Public Forums and Communication
“User Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. User Forums are provided to give users a forum to express their opinions and share their ideas and information.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any User Forum and for the consequences of submitting and posting the same. The individual who posts content in the User Forums ("Community Content") is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
This means that you, and not us, are solely responsible for all Community Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Community Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) that the content is accurate and truthful; (iii) use of the Community Content you supply does not violate these Terms; (iv) the Community Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Community Content will not cause injury to any person or entity. If we determine, in our sole discretion, that any Community Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Community Content in question. If you fail to meet our request within the time specified, we may remove the Community Content. We have no obligation, however, to restrict or monitor Community Content in any way.
Should Community Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of NuVita, and we shall not be liable for any use or disclosure of any Community Content. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
We do not and cannot review every message posted by users in the User Forums, and NuVita is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. You acknowledge that we are under no obligation to pre-screen Community Content. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
We do not control the Community Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Community Content. You are solely responsible for any use or reliance on the Community Content, including on its accuracy, completeness, or usefulness. Under no circumstances will we be liable in any way for any Community Content, including, but not limited to, any errors or omissions in any Community Content, or for any loss or damage of any kind incurred as a result of the use of any Community Content posted, transmitted, or otherwise made available through the Site.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
We do not claim ownership of the Community Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Community Content and are not entitled to our help in protecting such Community Content. By uploading, placing, or posting Community Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Community Content (in whole or in part), and incorporate such Community Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Community Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Community Content by you may have terms applicable to your Community Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Community Content.
15. Rules of Conduct
Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. By using the Site, you agree that you will not upload, post, transmit, submit, distribute, or otherwise make available to the Site any Submission that:
- (a) is tortious, libelous, defamatory, disparaging, abusive, harassing, harmful, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise unreasonably offensive [as determined by us in our sole discretion]; (c) is violent or promotes violence, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) is false, misleading; or (e) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
- infringes, misappropriates, or violates any right of a third party including: (a) copyright, patent, trademark, trade secret, identity right, publicity right, privacy right, or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- impersonates any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Site or to NuVita, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- is commercial, business related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains any personal advertising, unsolicited commercial email or "spam,” or offer for sale of any non-NuVita products or services;
- contains a virus, Trojan horses, malware, other harmful component, any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
- collects or harvests the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers)
- (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
16. Removal of Submissions
NuVita is committed to the safety of our children. Persons under the age of 21 may not enroll as Customers or purchase products through any of our Websites. By using our Website, you must confirm and acknowledge that you are 21 or older. NuVita does not solicit or knowingly collect personally identifiable information from children under the age of 13.
19. Disclaimer of Warranties
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, accounting, tax, investment advice, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
20. Limitation of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
21. Governing Law, Jurisdiction and Venue:
22. Limitation of Action
23. General Terms
23.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the "Contact Us" section, below, and we will attempt to verify it for you.
23.2 Appropriateness of Content
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
23.4 Export Control
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements.
24. Contacting Us
By Mail: NuVita
4500 Empire Way
Lansing, Michigan 48917
By Email: firstname.lastname@example.org