This Terms of Use Agreement (Terms and Conditions Agreement) constitutes an agreement between MorterSupplements, LLC ("MorterSupplements", "MorterSupplements.com"or "we") and each user “you”, “your”, “user” or “Customer”) governing the use by you of this site. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site.
MorterSupplements Does Not Offer Healthcare Advice
You should NOT use information, services or products on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. Information, services or products are NOT intended as a substitute for advice from your physician and/or healthcare professional. Moreover, any information on our product labels or packaging is only for informational purposes and is not intended as a substitute for advice from your physician and/or healthcare professional. The products, supplements, equipment, devices, and any other commercial and non-commercial items sold, discussed, &/or promoted on this site or a Linked Site have not undergone testing by the Food & Drug Administration or other scientific body and the risks associated with them are unknown. The products sold on this site are not intended to diagnose, treat, cure or prevent any disease. You should always consult with a physician &/or healthcare professional before using any nutritional, herbal, or homeopathic supplement, before undergoing any diet or exercise program, or before adopting any treatment to address a health problem. Prior to buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should consult with a physician &/or healthcare professional.
Information on this site is not intended and should not be used for diagnosis or treatment of any health problem; nor should it replace or augment the prescription of any medication or other treatment. You should consult your physician and/or healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements.
Copyright and Trademarks
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of MorterSupplements or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing and recording an order with MorterSupplements or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of MorterSupplements, is strictly prohibited.
MorterSupplements, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of MorterSupplements or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
User Submissions
Any suggestions, ideas, comments, customer notes, or other submissions by users shall be deemed the sole property of MorterSupplements, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant MorterSupplements a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against MorterSupplements for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.
Pricing or Typographical Errors
We strive to provide accurate product and pricing information. However, pricing and/or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MorterSupplements shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Pricing & Cancellation of Orders
MorterSupplements retains the rights to cancel any order at any time. If an order is cancelled, the proper credit will be issued back to the customer usually within 48 business hours. MorterSupplements retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent. Pricing and availability on our website are subject to change at any time without notice.
No Warranty - Disclaimer
MorterSupplements is providing this site and its contents on an "as is" basis. MorterSupplements and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. MorterSupplements is not responsible for any product (including those manufactured by Morter HealthSystem) or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of performance or quality made on or through any Linked Site. MorterSupplements and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. MorterSupplements and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by MorterSupplements or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
Limitation of Liability
MorterSupplements and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between MorterSupplements and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of MorterSupplements and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from MorterSupplements on this site.
You agree to indemnify, defend and hold harmless MorterSupplements and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying MorterSupplements.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access by any means except through the interface provided by MorterSupplements for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not MorterSupplements and its affiliates, are responsible for compliance with applicable local laws.
You agree that MorterSupplements may terminate or suspend your access to all or part of this site, without notice, for any conduct that MorterSupplements, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, MorterSupplements or its affiliates.
Usage by Minors
MorterSupplements requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to MorterSupplements be 18 years of age or older.
Privacy Policy
MorterSupplements respects the privacy of its users in accordance with the terms of MorterSupplements’ Privacy Policy.
Order Returns
You may return any product opened or unopened with accompanying receipt within 45 days of purchase and receive a full refund by returning the product to:
MorterSupplements
ATTN: Returns
309 E. 1st St.
Monticello, IA 52310.
After 45 days from the purchase date, your right to return any product for a full discount is void.
Gift Certificates
Any gift cerfiticates issued for products returned after the 45 day return policy are subject to an expiration date of 1 year from the date they were issued.
Applicable Law; Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of Iowa without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Iowa and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Iowa.
Severability – Interpretation
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."
Entire Agreement - Amendments
This agreement constitutes the entire and only agreement between MorterSupplements and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. MorterSupplements may, in its sole discretion, amend this Terms of Use agreement from time to time.
Miscellaneous
The failure of MorterSupplements or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of MorterSupplements and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. |
