Contents


Terms and Conditions


Effective Date 3/9/2020

The website located at nutritionandhealing.com and all subpages (the “Website”) are operated by NewMarket Health Publishing, LLC (“Nutrition and Healing,”, “Health Revelations,” “we,” “us,” etc.). These terms and conditions apply to your visit to and use of the Website and the purchase or use of any products from us (“Products”).

By visiting the Website or purchasing a Product, you agree to be bound by these terms and conditions and they, in connection with the Privacy Policy (which is incorporated herein by reference) shall constitute the entire agreement (“Agreement”) between you (“you”) and NewMarket Health Publishing. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY PLEASE LEAVE THE WEBSITE, AND DO NOT PURCHASE ANY PRODUCTS. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. INDIVIDUAL ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.

Medical Content


The contents of nutritionandhealing.com, including text, graphics, images, information obtained from our licensors, and all other content, should not be construed as personal medical advice or instruction and is offered on an informational basis only. No action should be taken based solely on the contents of this site. Readers should consult appropriate health professionals on any matter relating to their health and well-being, including but not limited to the following:

Making any adjustment to any medication or treatment you are currently using.

Stopping any medication or treatment you are currently using.

Starting any new medication or treatment.

The information and opinions provided here are believed to be accurate and sound, based on the best judgment available to the authors, but readers who fail to consult appropriate health authorities assume the risk of any injuries.

No content is intended to be a substitute for professional medical advice, diagnosis, or treatment. The publisher is not responsible for errors or omissions.

If you think you may have a medical emergency, call your doctor or your local health emergency service immediately. If you choose to utilize any information provided by nutritionandhealing.com, or NewMarket Health Publishing, LLC, you do so solely at your own risk.

PURCHASES


When you make a purchase on the Website, your purchase is subject to this Agreement and all other terms and conditions as set forth at the time of your purchase.

Shipping Information: Our Products are shipped via a variety of carriers. We do not currently offer expedited shipping, although products are generally delivered within 5-10 business days. We do not ship internationally. The risk of loss and title for any items you purchase from us pass to you upon our delivery to a carrier.

Taxes: Products purchased on the Website are subject to all relevant taxes.

Product Availability: We may set limits on the number of Products that you may purchase on the Website. These limits may be based on factors such as product availability. If we determine after you make a purchase that some or all of the Products you have ordered are not available, we will either refund the entire purchase or the portion of the purchase that is no longer in stock. Orders are generally processed within 24 hours.

Transfers: Our Products are intended for use by you and are not intended for resale to third parties. Reselling our Products to third parties constitutes a violation of this Agreement.

Charges: The transaction will be reflected on your card statement as *PSV NewMarket Health.

AUTOMATIC BILLING AND RECURRING SHIPMENTS


If you enroll in our automatic renewal program, your payment card will automatically be charged at the frequency and amount you choose at the time of your purchase. Recurring charges will be billed to the payment card that you provide at the time of your enrollment. You will continue to be charged automatically unless and until you cancel your enrollment.

How to Cancel Recurring Charges


To cancel your enrollment in the automatic renewal program and the automatic delivery of your automatically renewing Products, please visit https://nutritionandhealing.com/frequently-asked-questions/, click here to contact our customer service team, or call 1-800-494-5726 (International customers use 1-443-353-4281) Mon-Fri between 8 AM and 11 PM EST, and Saturday between 8 AM and 8 PM EST. You must cancel your enrollment at least 14 days before your next shipment date to avoid being charged for the next shipment.

Refund and Credit Policy


If you are unsatisfied for any reason, simply send your unused supply back. We’ll issue you a full refund for your Products purchased. You can request a refund any time in the future.

Refunds are processed within 14 days of receipt of your request to cancel.

Copyright and trademarks


Copyright in all information, text and images featured on the Website, is owned by or licensed to NewMarket Health Publishing (“Our Content”). NewMarket Health Publishing authorizes you to make single copies of the material found on nutritionandhealing.com for personal use only. You must attach the following copyright to everything you copy:

©2020, NewMarket Health Publishing, LLC. All rights reserved.

Any violation of this Agreement immediately terminates your right to use the content contained in nutritionandhealing.com and you are required to destroy all copies you have made of that content. All property rights remain with NewMarket Health Publishing. Other than as provided in these terms and conditions, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, or use for any public or commercial purpose any of Our Content without our prior written permission.

Privacy Policy


By using the Website, you are agreeing to NewMarket Health Publishing Privacy Policy, which is incorporated herein by reference.

Use of the Website; Breach of these terms and conditions


Your use of the Website is expressly conditioned on your compliance with this Agreement, as well as all applicable laws, rules, and regulations. Your failure to comply with this Agreement, as well as all applicable laws, rules, and regulations, may result in termination of your access to the Website. We reserve the right, but do not undertake the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access to and use of the Website.

DISPUTE RESOLUTION BY MANDATORY ARBITRATION AND CLASS ACTION WAIVER


Any dispute relating in any way to your visit to or use of the Website, the Products (including the purchase or use of any Products or any other purchases made on or through the Website), or otherwise related to this Agreement or your relationship with NewMarket Health Publishing (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Maryland, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Any question as to the validity of this arbitration agreement shall be submitted to confidential arbitration and decided by an arbitrator.

If a Dispute arises, you agree to first contact us at 410-783-8408 or legaloperations@14west.us (email). Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. To the fullest extent permitted by applicable law, no arbitration of a Dispute may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maryland: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Website or the date you purchase a Product or submit information to or through the Website to opt out of this arbitration agreement, by contacting us by email at legaloperations@14west.us. If you do not opt out by the earliest of the date that you visit the Website, or the date that you purchase a Product or submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.

NOTICE TO CALIFORNIA CONSUMERS


Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. NewMarket Health Publishing may be contacted in writing at NewMarket Health Publishing, 16 W Madison St., Baltimore MD, 21201, USA or by telephone at 1-800-494-5726 (International customers use 1-443-353-4281).

DISCLAIMER OF WARRANTIES


WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE EXPRESS DESCRIPTION ON THE FACE OF THE WEBSITE AND THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NewMarket Health Publishing MAKES NO IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE PRODUCTS. NewMarket Health Publishing DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE NOT APPROVED BY THE FOOD AND DRUG ADMINISTRATION, AND YOU WAIVE THE RIGHT TO BRING ANY PRIVATE ACTION ALLEGING VIOLATIONS OF THE FOOD, DRUG, AND COSMETIC ACT, OR ANY STATE LAW EQUIVALENT, ARISING FROM YOUR PURCHASE OF PRODUCTS ON THE WEBSITE.

LIMITATION OF LIABILITY


To the extent permissible by applicable law, in no event will you be entitled to recover from NewMarket Health Publishing any indirect, consequential, incidental, punitive, exemplary, or special damages arising out of (i) the use or inability to use the Website, (ii) any transaction conducted through or facilitated by the Website, (iii) the purchase of any Products on the Website, (iv) any claim attributable to errors, omissions, or other inaccuracies in the Website, (v) unauthorized access to or alteration of your transmissions or data, or (vi) any other matter relating to the Website or the Products. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES.

ELECTRONIC COMMUNICATIONS


By using the Website or sending electronic mail to us, you agree and consent to receive communications from us electronically, including by email or by posting notices on this Website. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY NewMarket Health Publishing. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

GENERAL PROVISIONS


If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be affected thereby and shall continue in full force and effect. Except as expressly set forth in this Agreement, no failure or delay by you or NewMarket Health Publishing to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.