Terms of Service

Terms of Service
SunNutrition, LLC Terms of Service
YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE. DO NOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS.

These Terms of Service apply to all users and visitors whom access the SunNutrition.com website (Site, or Services) and any other applications, social media, content, products, and services provided by SunNutrition, LLC (the Company) or any of its representatives, affiliates, officers, and directors (us, we, or our). This site is developed, maintained, and operated by SunNutrition. 

By using or accessing this Site you confirm your agreement to be bound by these terms. If you disagree with any part of the terms, you do not have permission to access this Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENTS BETWEEN YOU AND THE COMPANY.
The Terms of Service set forth below contain an arbitration agreement. Please review the arbitration agreement requires you to resolve all disputes with the Company on an individual basis through final and binding arbitration, forego jury trials, class actions, any and all other types of court proceedings. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of the arbitration agreement and have taken time to consider the consequences of this decision.

These Terms of Service are subject to change without notice, in our sole discretion. 

Arbitration Agreement

By agreeing to these Terms of Service, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, set forth in this agreement. This will preclude you from bringing any class, collective, consolidated, or representative action brought against the Company by another person or party.

If any dispute, controversy, or claim, arises out of or relates to any part of the Terms of Service, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
 
You acknowledge and agree that the arbitrator, and not any federal, state, or local court, shall have exclusive rights to settle any disputes relating to the interpretation, application, enforceability, or formation of this arbitration agreement. You also acknowledge and agree that you are waiving any right to a trial by jury or to participate as a plaintiff or class member in any class action or court proceeding. 
Any individual or party wishing to initiate arbitration must provide the other party with a written demand for arbitration, as specified in the AAA rules. Any individual or party can contact AAA for more information on the procedure for an arbitration proceeding www.adr.org.

Use of Site Acknowledgement

By accessing or using this Site, you agree to abide by these Terms of Service, as they may be amended by the Company from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and the Company. This Site is expressly owned and operated by the Company. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from this Site. The arrangement, design, structure, and coordination of the content on this Site are owned, controlled, or licensed by or to the Company; and are protected by copyright, patent, trademark, and intellectual property laws. This Site and the Content there of is intended solely for your personal, noncommercial use, and any use of this Site or its Content for any other purposes is prohibited; unless you have a prior written agreement with the Company which is signed by an officer of the Company. You may not modify any part of this Site; including copy, reproduce, publish, transmit, encode, publically display, post, or distribute for commercial purpose. All such agreements, guidelines, rules or terms of service, are hereby incorporated by reference into these Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically. If you do not agree or accept these Terms of Service, or if you find these Terms of Service unacceptable, you many not use the Site and cease all use of Site.

Use Restrictions

You acknowledge and agree that you will not:

  • Use the Site in connection with any commercial endeavor, unless you have prior written agreement from the Company.
  • Market or distribute access to the Site or any portion thereof, for any purpose.
    Remove, disable, damage, interfere, violate, or attempt any of these actions to any security features of the Site.
  • Transfer, sell, lease, or convey your rights under these Terms.
  • Probe, scan, test the vulnerability, or attempt any of these actions to the security or authentication of the Site or any associated system or network.
  • Damage, disable, impair, or attempt any of these actions to interfere with any part of the Site to any user, host, or network, including submitting a virus, spamming, crashing, flooding, or mail bombing to the Site, or any portion thereof.
  • Modify, reverse engineer, decompile, disassemble, or attempts of any of these actions to reduce a human-perceivable from any of the source code used by the Company to provide the Site.
  • Delete, copyright, or modify, or any attempt of these actions any notices or terms on the Site.
  • Modify, copy, distribute, transmit, reproduce, publish, sell, lease, loan, or attempts of these actions to intellectual property of this Site.
  • Transfer, copy, reproduce, sell, loan, lease, or attempts of these actions of any information, software, user information, products, services, data, scraping, for use on another webpage, webservice, or website.
  • Use of meta tags or any hidden text, unless you have prior written agreement from the Company.
  • Engage or provide instructional information that would constitute a criminal offense or violate any applicable local, state, federal, or international law or regulation having the force of law.
  • Harm minors or solicit personal information from or about a minor.
  • Impersonate any person or entity, or mis-represent your affiliation with a person or entity.
  • Using the Site to send any type of email message or social messaging which intentionally or unintentionally violate any local, state, federal, or international law or regulation, including: spamming, defamation, obscenity, or privacy.
    Post any social messaging or email messages that contain falsified or misleading information, including routing information on or about the Site.
  • Submit, provide, upload, transmit, email, social post or attempt any of these actions of any materials that are inappropriate, misleading, unlawful, harmful, threatening, abusive, hateful, harassing, vulgar, obscene, offensive, sexually explicit, invasive of another person or entity privacy, or otherwise objectionable to or from the Site.
  • Submit, provide, upload, transmit, email, social post, or attempt any of these actions of any files, links, or programs that contain software viruses, any computer coding, unauthorized advertising, promotional materials, or solicitation.
  • Create any type of hyperlink from any webpage, webservice, or website to be linked on the Site, unless you have prior written agreement from the Company.
  • Company retains its rights to investigate any violations of these Terms of Service at its sole discretion. Responsive action will fully comply with arbitration and/ or law enforcement officials or agencies. 

Links to Other Websites

This Site may contain links to other websites that are not owned, operated, or controlled by the Company. All third party links are provided as a service and convenience to you and do not represent the views of the Company or any of its affiliated individuals. If you follow such links, you will leave this Site. If you decide to access any third party website from this Site, you do so entirely at your own risk. Your access or dealings with any third party service or content found on or through this Site, including payment and delivery of related goods and services; including terms, conditions, warranties, or representations associated with such dealings are solely between you and such third party. The Company makes no endorsement or guarantee about the content, goods or services provided by such third party. The Company shall not be responsible for any loss or damage of any sort incurred with such third party as the result of all of the following: transactions, quality of services, insufficiency, regulation, background, insurance, credit, or licensing. In the event that you have a dispute with any such third party, you release the Company, its directors, officers, employees, agents, or affiliates, from any and all claims, demands and damages of every kind, known and unknown, suspected an unsuspected, disclosed and undisclosed, arising out of or connected with such disputes. 

Creating or maintaining any link from another website to any page on this Site without prior written permission from the Company is prohibited. 

User Information

User information is subject to this Site’s Privacy Policy, other than personally identifiable information. Any material, information, ideas, suggestions, questions, comments, feedback, or any other communication that you submit, offer, or post to this Site is considered non-confidential and non-proprietary. The Company is under no obligation to keep user communications confidential. If personal identifiable information that is voluntarily posted or submitted on any part of this Site and viewable by the public is not subject to this Site’s Privacy Policy and is considered user communications. You are responsible for any and all user communications that you offer or submit, and such user communication is truthful and does not infringe or violate the rights of any person or entity. The Company has no liability to the content of any such user communications. Company retains the right to remove any or all user communication that includes materials or verbiage deemed inappropriate or unacceptable. The Company may use all user information for any purpose, including: marketing, publication, manufacturing, reproduction, transmission, or any commercial or non-commercial purposes. By submitting or providing any user information you grant the Company, any parent company, or affiliates a non-compensation, royalty free, non-exclusive, unrestricted, worldwide license to use such user information for any purpose, without limitation.
Privacy Protection Act Compliance

To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. We do not knowingly collect or solicit data online from or market online to children under the age of 18.

Accessibility and Inaccuracies

We strive to be accurate and update product and content offerings. The Site may experience some delays in updating product, content, services, or advertising. Accessibility to the Site may be delayed or unavailable, due to unforeseen circumstances. The Company or any of its directors, partners, employees, affiliates, or agents do not warrant that the Site will function uninterrupted, secure or available at any particular time or location, that any errors or defects will be corrected, the Site is free of viruses or any harmful components, or the results of using the Site will meet your requirements. Information found on the Site may contain errors or inaccurate information. The Company does not represent or warrant that product and/or service descriptions are accurate, complete, reliable, current, or error free; services and product pricing may be mispriced. Products and services may also be unavailable from time to time. The company cannot guarantee the accuracy or completeness of everything offered on the Site. The Company retains the right to update, correct errors, inaccuracies, or omissions to the Site, or any part of the Site at any time without prior notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. You have the right to contact us within thirty (30) days for a return if there is a pricing or description error for any product or service. 

Accounts

When you create an account on the Site, you guarantee that the information you provide is accurate and that you are 18 or older. Inaccurate, incomplete, or obsolete information may result in termination of your account. You are responsible to maintain the confidentiality of your account username and password. You agree to accept responsibility for any and all activities that occur on your account. You are responsible to notify us immediately of any breach of security or unauthorized use of your account. For security breech notification to: info@sunnutrition.com. The Company retains the right to terminate, remove or edit content, or refuse service to your account if fraudulent activity is suspected for any reason, at our sole discretion, including: use of username that is not legally available to you, violation of another person or entity including copyright, obscene or vulgar username or content submitted or provided to the Site.

Health Related Information

The information contained in this Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You are responsible to seek professional medical advice before consuming and of the products on or through this Site. You should not use the information on or through the Site for diagnosing or treating a health problem, disease, or to prescribe any medication, including supplementation. Information and statements contained on or through the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You are responsible to read and understand all product packaging and documentation prior to use. 

Indemnification

You acknowledge and agree to indemnify and defend the Company, its directors, employees, affiliates, partners, agents, suppliers and to hold harmless against any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorney’s fees, resulting or arising from your use and access of the Site by you or any person or entity using your account and password, or any breach of these Terms and Conditions.
Limitations and Liability

In no event shall the Company, nor its directors, employees, affiliates, partners, agents, suppliers be liable for any general, special, indirect, incidental, or consequential damages, including and without limitation indirect, special punitive, or exemplary damages for loss of privacy, loss of profits, business interruption, breach of security, or lost or damaged data, arising out of or connected in any way with this agreement, the licensed software, or any services or content rendered by the Company, even if the Company has been advised of the possibility of such damages, excluding the Company’s indemnification obligations, the total liability of the Company for all damages, losses, and causes of action, including negligence or otherwise inaccuracies shall not exceed the total fees paid by the Company hereunder during the twelve (12) months immediately preceding the event giving rise to liability.

Consent to Communication

You consent to receive to receive electronic communications from the Company including email, social media posts, and account notices. You agree that all notifications, disclosures, and other communications that are provided electronically by the Company satisfies any and all legal requirement that such communications are in writing.

General

The above stated Terms of Service and any documentation referenced herein constitute the entire agreement between you and the Company and govern your use of the Site, this includes and does not limit: all purchases, communication, information provided by you, and any prior commitments between you and the Company. You may also be subject to additional Terms and Conditions that may apply to specific products (such as documentation and manuals), services, third part content, or third party software. These Terms of Service shall prevail should any term conflict with any other term contained in any other agreement referenced in these Terms. These Terms may be modified or updated at sole discretion of the Company. The language and verbiage in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party, person, or entity.
 
Disclaimer

You acknowledge and agree that use of this Site is at your sole risk. This Site is provided without warranties of any kind, whether expressed or implied, and including but not limited to: implied warranties of products, merchandising, performance, or personal wellbeing.