Terms and Conditions of Use

TERMS AND CONDITIONS OF USE

Please read carefully the following Terms and Conditions of Use before using this website – www.effusio.com.

By using this website or purchasing products from Nutrativa, LLC, you agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.

Nutrativa reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this webpage regularly.

Terms of Sale

  • Nutrativa reserves the right to revise the pricing of its nutritional supplement products at any time and without advance notice.
  • Nutrativa's nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
  • If a Nutrativa product is received in damaged condition, then it should be reported promptly to Nutrativa.
  • If a discrepancy exists between the quantity or items ordered and the quantity or items received, then Nutrativa should be notified within seven business days of receipt of the shipment.
  • If you place an order online and then subsequently refuse to accept delivery of the order for reasons that are attributable to your, then you can be assessed a restocking fee and the shipping charges.
  • Product returns should be pre-approved by Nutrativa and received within 14 business days of authorization of the return. Please call Nutrativa for information about returning product.
  • A Return Authorization is required for a product return. The Return Authorization form should be visible on the outside of the shipping box or on the mailing label. Nutrativa can refuse to accept a returned product if the Return Authorization form is not visible.
  • Nutrativa must receive a returned product before a credit for the returned product can be issued.
  • There can be a processing fee on returned products. You are responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
  • These Terms of Sale can be revised at any time should it be determined that it is in the best interests of Nutrativa to do so.

 

Affiliate Marketing Programs

Some Nutrativa products can be offered as part of an Affiliate Marketing Program. Nutrativa uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program. Nutrativa will designate which customers qualify as affiliates for this purpose.

Use of Nutrativa Trademarks

Images and likenesses of Nutrativa's trademarks and trade dress (including pictures of packaging bearing Nutrativa labeling) and copyrighted product descriptions are the intellectual property of  Nutrativa.

You do not have the right to affix any Nutrativa trademark to any product or other material that is not a Nutrativa nutritional supplement product.

You agree to use the trademark symbols "™" or "®" as appropriate, when displaying Nutrativa's trademarked names or products, as an attribution of Nutrativa's ownership of its trademarks. The use of a Nutrativa trademark does not give you any ownership right, title, or interest, express or implied, in the trademark.

Your use of Nutrativa's trademarks should be accompanied by a statement that substantially states the following: "Nutrativa trademarks are used with permission."

You should not use Nutrativa's trademarks except in the form, context, and location that is acceptable to Nutrativa.

You must not use any Nutrativa product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.

Disease Claims

To protect Nutrativa from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, Nutrativa products will not make any disease claims.

Effusio Logo

The Effusio logo can only be used in the form supplied by Nutrativa. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Nutrativa. The Effusio logo may be accompanied by a statement indicating "I (We) proudly offer [insert Nutrativa logo] products." No other statements may be affiliated with use of the Effusio logo.

Violations of Terms and Conditions of Use

A consumer who violates Nutrativa's Terms and Conditions of Use will receive a written notice from Nutrativa that the consumer is in violation of the policy. If the consumer does not come into compliance, then the consumer will no longer be able to purchase Nutrativa products.

Miscellaneous

Nutrativa may, in its sole discretion, revise these Terms and Conditions of Use at any time.

Any failure or delay by Nutrativa in enforcing any provision of its Terms and Conditions of Use will not be considered a waiver of such provision and will not prevent Nutrativa from enforcing the provision at a later date.

Copyright / Trademarks

Except where otherwise indicated, all materials presented on Nutrativa's website are the copyrighted property of Nutrativa, LLC.

The Effusio logo and the names of various products offered by Nutrativa are trademarks of Nutrativa, LLC.

Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.

Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of Nutrativa, on any other website, in the source code of any other website, or in any other printed or electronic materials.

Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content, or frame this website within any other website, without the prior written permission from Nutrativa.

Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Nutrativa, is prohibited. Linking from another website to any webpage in this website is prohibited without the prior permission from Nutrativa.

Products

The information and descriptions presented on effusion.com are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.

Third-Party Websites

This website may contain links to other websites ("third-party websites") that are not maintained by Nutrativa. These links are provided solely for your convenience. Nutrativa makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, any third-party website. Nutrativa recommends you take the time to read the privacy policy and the terms and conditions of use of any third-party website.

Privacy Policy

Please review Nutrativa’s Privacy Policy, which also governs your visit to effusion.com.

Personal Security Code Registrations

Some portions of this website might be restricted and require a user identification code ("User ID") and a personal security code ("Password") for access. Unauthorized use of or access of such restricted portions of our website is prohibited.

In accessing portions of this website requiring a User ID and Password, you agree that Nutrativa is entitled to act on instructions received under your User ID and Password and that Nutrativa is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Nutrativa.

You must keep your User ID and Password confidential and you should notify Nutrativa promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of Nutrativa's website has occurred or may occur. Nutrativa may block access to the restricted portions of its website without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.

Disclaimer of Warranties

The content and materials on this website are provided "as is" and without representations or warranties of any kind, either express or implied. Nutrativa expressly disclaims all warranties, express or implied, with respect to its website including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nutrativa does not warrant or represent that the functions or operation of its website will be uninterrupted or error-free, that defects will be corrected, or that Nutrativa's website, its servers, or any e-mail sent from Nutrativa are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimers may not apply to you.

Limitation of Liability

Nutrativa is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its website or the content found on its website, or, unless resulting from the gross negligence or intentional actions of Nutrativa, the unauthorized access to or alteration of your transmissions or data, even if Nutrativa has been advised of the possibility of such damages. Because some States do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.

Jurisdiction / Enforceability

Use of this website is governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any principles of conflicts of laws. Any dispute concerning this website is subject to the venue of a court of competent jurisdiction in Charleston County, South Carolina.

Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.

Last updated:  October 1, 2020