Terms of Use for NEW ENGLAND NUTRITIVES® WEB SITE
Welcome to the NEW ENGLAND NUTRITIVES® web site. Please review the following terms and conditions of use. These terms of use govern your use of this web site (the "Agreement").
Your use of this web site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. Therefore, we encourage you to review the Agreement whenever you use this web site. If you do not agree to these terms, please do not use this web site.
Web Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
NEW ENGLAND NUTRITIVES’ Right to Change Content, Right to Change Web Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the web site or any service, content, feature or product offered through the web site, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web site, or any service, content, feature or product offered through the web site.
Web Site Contents
Unless otherwise noted, the web site, and all materials on the web site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by NEW ENGLAND NUTRITIVES.
The web site and the Contents are intended solely for personal, non-commercial use. You may not use, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the web site.
User Comments, Feedback, and Other Submissions
NEW ENGLAND NUTRITIVES will not accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by NEW ENGLAND NUTRITIVES’ employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that NEW ENGLAND NUTRITIVES may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to NEW ENGLAND NUTRITIVES. NEW ENGLAND NUTRITIVES is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. NEW ENGLAND NUTRITIVES has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the web site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead NEW ENGLAND NUTRITIVES or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. NEW ENGLAND NUTRITIVES takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Web Site
Your submission of personal information through the web site is governed by our privacy policy, which can be reached by clicking on the "Privacy Notice" link located in the footer section of the web site.
Copyright Complaints
NEW ENGLAND NUTRITIVES respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact us.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our web site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the web site is inaccurate at any time without prior notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the web site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The web site may contain links to other web sites that are not under the control of NEW ENGLAND NUTRITIVES. NEW ENGLAND NUTRITIVES has no responsibility for the linked web sites nor does linking constitute an endorsement of any linked web site. Links are provided solely for the convenience and information of the web site’s users.
Disclaimer
The materials on the web site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. NEW ENGLAND NUTRITIVES expressly disclaims any duty to update or revise the materials on the web site, although NEW ENGLAND NUTRITIVES may modify the materials at any time without notice. Your use of the web site is at your sole risk, and you assume full responsibility for any costs associated with your use of the web site. NEW ENGLAND NUTRITIVES shall not be liable for any damages of any kind related to your use of the web site.
Indemnification
You agree to defend, indemnify and hold NEW ENGLAND NUTRITIVES harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the web site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution
You and NEW ENGLAND NUTRITIVES agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the web site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to NEW ENGLAND NUTRITIVES at: NEW ENGLAND NUTRITIVES, PO Box 913, Pittsfield, MA 01202-0913, Attn: Legal.
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and NEW ENGLAND NUTRITIVES agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the Commonwealth of Massachusetts, County of Berkshire and/or the District of Massachusetts. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of NEW ENGLAND NUTRITIVES' right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the web site.
Termination
These terms are effective unless and until terminated by either you or NEW ENGLAND NUTRITIVES. You may terminate this Agreement at any time. NEW ENGLAND NUTRITIVES also may terminate this Agreement at any time without notice, and accordingly may deny you access to the web site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Last updated June 1, 2021
