Terms & Conditions
No Professional Advice or Medical Information – Important Disclaimers
THE SITE DOES NOT PROVIDE MEDICAL ADVICE, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. It is not intended as a substitute for the advice provided by your physician or other health-care professional. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment.
Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this website.
Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.
You should carefully read all product packaging and instructions for any products or services purchased from this Site.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease
You and the Company agree that, except as set forth below, we will resolve any disputes betweenus (including any disputes between you and a third-party agent or service provider of the Company) through binding and final arbitration instead of through court proceedings. You and the Company hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and the Company or you and a third-party agent or service provider of the Company (a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”) or the rules of the Judicial Arbitration and Mediation Service (“JAMS”). The party requesting arbitration may choose either AAA or JAMS to administer the arbitration. The arbitration will be heard and determined by a single arbitrator.The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element ofit will not be disclosed beyond the arbitration proceedings, except as may lawfully be required injudicial proceedings relating to the arbitration or as specifically permitted by applicable law. TheFederal Arbitration Act and federal arbitration law apply to this agreement to arbitrate. However,the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate including, but not limited to, a claim that all or any part of this agreement to arbitrate is void or voidable. Unless otherwise agreed to in writing by the parties, the arbitration shall take place in New York County, New York City, State of New York.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and the Company also have the right to bring qualifying claims in small claims court.
Neither you nor the Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or the Company individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.
Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or statecourt. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or statecourt stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.If any provision of this agreement to arbitrate is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this agreement to arbitrate will continue in full force and effect. This agreement to arbitrate will survive the termination of your relationship with the Company.
Your License to Access the Site
The content, information, software, designs, and data included in the Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.
Unless indicated to the contrary, you may use the Site only for personal, non-commercial use. In connection with these uses, you may access, copy, download and print the Content made available on the Site, provided that you do not modify or delete any copyright or other notice thatappears on the Content. We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:
• damage or interfere with the proper working of the Site;
• intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
• give you access to the Site or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content;
• frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
• convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims;
• otherwise adversely impact the operation of the Site, the Company, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
Registration and Access Restrictions
You are required to register with us to use certain features of the Site. You agree to (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permits such updates; and (c) use limited-access portions of the Site only using access credentials that we have issued to you.
The Site may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to the Company a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, whether now known or hereafter invented, including for commercial or marketing purposes, and to use your name or likeness alone or in connection with such uses.
By providing User Submissions through the Site, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in thissection. You further represent, warrant and covenant that the User Submissions:
• will be accurate and will comply with these Terms;
• will not cause injury to any person or entity, including as used by us in accordance with these Terms;
• will not include medical or other professional advice;
• will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
• will not constitute or encourage a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
• will not contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”;
• will not contain advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
Links to Third Party Site
We respect the intellectual property rights of others. If you believe that Content on the Site violates your copyright, please send us a notice using the following contact information:
NP Direct, LLC548
Melville, New York 11747
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party;
• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or thelaw;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that products or services sold on the Site, or materials displayed on the Site, are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; thatthe Site or the servers that makes the Site available will be virus-free or otherwise free of harmful components; or that information on the Site will be complete, accurate or timely. If you download any materials from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. If you purchase any products or services from the Site, you do so at your own discretion and risk. You are solely responsible for any damage to your person or property as a result of your use of any products or services purchased through the Site. No adviceor information, whether oral or written, obtained by you from us or through or from the Site will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. We further do not make any warranties or representations regarding the products and/or services sold on the Site and note that none of the product(s) offered on the Site are intended to diagnose, treat, cure, or prevent any disease. Nor have any statements concerning products and/or services sold on the Site been evaluated by the Food and Drug Administration.
In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
To the greatest extent permitted by applicable law, neither we, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Site (including anydelay or inability to use the Site), (2) any information, products or services advertised in or obtained through the Site, or (3) our removal or deletion of any materials submitted or posted on the Site, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Site.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs arising from or in connection with your use of the Site or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company’s prior written approval.
Choice of Law
The laws of the State of New York govern these Terms and any dispute of any sort that may arisebetween you and the Company or its affiliates, without regard to conflict of laws rules, as if entered into by residents of New York and fully performed therein. Notwithstanding any other provision of these Terms, the parties agree that the state and/or federal courts of New York County, New York City, State of New York shall have exclusive jurisdiction over any claim deemed non-arbitrable by the arbitrator, including any claim for for public injunctive relief. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site, purchase of any product or service from the Site, or these Terms within one year aftersuch claim or action accrued. Otherwise, you will waive the claim or action
We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes. Any purchase of goods or services from the Site will be governed by the Terms in effect at the time of your purchase of such goods or services.
Entire Agreement; Severability; No Waiver
We want you to feel your best, which is why we guarantee your satisfaction! Your happiness means everything to us. If you are not pleased with your order, simply return the product (unopened and in original packaging) within 30 days and we'll refund your money. Once we receive the package, you will be refunded the full price of the product. Unfortunately returns cannot be accepted after 30 days.
How to Contact Us
If you have any questions or comments about these Terms or the Site, please contact us by:
Mail: NP Direct, LLC 548 Broadhollow Road, Melville, New York 11747