Key Nutrients Website Terms and Conditions
When you read words “us”, “our” or “we”, it means Key Nutrients LLC, and the words “you” or “your” means you, the visitor to our website.
1. Website Registration
To place an order and access some features of the Website, you will need to register as a member and no person may use another member’s account without their express permission. When completing your registration you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current. A username is a requirement of registration and for promotional purposes only you agree that we may display the usernames corresponding with the purchasers of the last few orders received. We advise that your username has no resemblance to your real name. As a member, you are solely responsible for any activity that occurs on your account, and it is your responsibility to keep your account password secure. If you suspect or become aware that your password has been compromised or of any unauthorized use of your account you must notify us immediately.
By purchasing from our website you accept these terms and conditions and acknowledge that you are over 18 years of age, and/or are entering into a legal contract with us. Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
3. Supply of Services
We reserve the right to amend (including to alter, remove or add functionality) the Website at any time and do not guarantee that you will be able to access the Website in the same manner as prior to the changes were effected.
4. Website Use
- use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
- engage in any internal or external spamming, or other similar actions
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
- decompile, reverse engineer, or try to copy or imitate this website, any and all software applications or underlying content
5. Website Content
To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors in relation to products or services promoted at the Website including but not limited to incorrect information supplied to us, or as a result of manufacturers or suppliers changing product specifications without notice to us. Although we make every effort to source worthwhile products and services that we believe may be of benefit to you, we do not guarantee or warrant the suitability of any third party products or services. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services. We do welcome feedback on any third party products or services that you purchase through promotion on our website so that we can continue to monitor their effectiveness for our clients.
The display of products on the Website does not constitute an offer to sell. It is an invitation to treat only and orders placed by you are offers to purchase particular products under the terms and conditions in this agreement at the price specified (including delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. We may cancel or suspend at any time an order due to inability to authorize a payment, a discovery of an incorrect item price, or any other reason, as we see fit.
7. Use of Products
Unless agreed otherwise in writing, you agree that the products sold through the Website are sold on the basis that you may not use or resell products purchased by you for commercial or trade purposes (including through any intermediary). If you have a wholesaler/reseller/distributor agreement in writing, whether explicitly stated in the agreement or not, products sold through the Website must never be resold at a price lower than that found on KeyNutrients.com and must never be sold on Amazon (including, but not limited to, amazon.com and amazon.ca) under any circumstances.
Prices of products, delivery and other charges shown are in US Dollars ($USD). Prices are valid only for the specified time period during which the products are advertised for purchase unless expressly stated otherwise on the Website. If a product is advertised subsequently, its price may be subject to change.
Payments must be received in full at the time of placing the order and if your payment is not received or declined by your bank or credit card issuer, we cannot hold products on your behalf or begin to manufacture any products ordered by you.
We accept payment by Amazon Pay and will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorized access to data that you have provided to us when ordering from our Website.
Gift cards, Coupons, and Special Offers cannot be refunded or returned, unless required by Law. Coupons and Special Offers cannot be exchanged for cash or used in conjunction with other offers. Please ensure that you have read the Special Conditions detailed at the bottom of each Coupon or Special Offer.
10. Supply of Products
Subject to this agreement, we will supply to you the products as detailed in the order confirmation. We will do our best to provide orders within the stated timeframes for dispatch and delivery, however many external factors can affect these timeframes and we cannot guarantee that they will always be met. There is no personal collection of products available and please note that a signature may be required at delivery per the carrier’s policies.
11. Risk and Title
We retain ownership of goods ordered through the Website until payment is received in full and the risk in all goods, such as loss or damage, passes to you upon delivery.
12. Products Out of Stock
We reserve the right to notify you that products for which you place orders have become unavailable. Subject to these terms and conditions, in the event that you order a product from the Website and we later inform you that we no longer stock the product or can’t provide the image that you had originally ordered, we will provide you with a credit or refund to the value of the product that was not supplied to you, including the delivery fee.
You agree to indemnify, defend and hold harmless Key Nutrients and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Disclaimer of Warranties and Limitation of Liability
Key Nutrients disclaims all implied warranties and similar obligations which extend beyond those express warranties contained in the Agreement. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Key Nutrients, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. Links to Third Party Websites and Promotions
16. Intellectual Property
Key Nutrients owns the intellectual property rights in the contents of this website or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorized by us. Please contact us if you require permission to reproduce any of the contents of this website. If you provide correspondence or communication with us where it can be reasonably inferred that you are providing a testimonial or idea for improvement then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
We make efforts to maintain the security of our website. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, any and all software applications, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer. Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
18. Transfer and Assignment
We reserve the right to transfer, novate or assign this user agreement and all rights and information from you and agreements with you to a third-party in the event that we merge, sell or otherwise change control of our business or this Website to the third-party.
We will not be held liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
20. Governing Law
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
22. Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Non- exercise or non-enforcement of any right or provision under this agreement by us does not constitute a waiver of such right or provision and any waiver must be in writing and signed by us to constitute a waiver of any provision. Any ambiguities in the interpretation of this agreement shall not be construed against the drafting party.
For Service Contact:
Key Nutrients, LLC 9375 E. Shea Blvd., Suite 100 Scottsdale, AZ 85260 480-535-1660 Office [email protected]
You specifically acknowledge and agree that your use of this website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website. While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on this website or any and all software applications for any purpose, to the maximum extent permitted by applicable law, anything contained on this website is provided “as is” without warranty or condition of any kind. You acknowledge and agree that no information or advice provided by us constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website and you acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website. We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website or any products in any way, subject to the requirements of US Consumer Law. In addition, where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost. This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website. It is important that you determine prior to purchase, whether a product is suitable for your use.