Terms and Conditions of Use
Please read carefully the following Terms and Conditions of Use before using this website.
Your use of this website is expressly conditioned on your acceptance of 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.
Eat Sleep Recover LLC (ESR) 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 page regularly.
Terms of Sale
- ESR reserves the right to revise the pricing of its nutritional supplement products and program at any time and without advance notice.
- ESR's nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
- If a ESR product is received in damaged condition, then it should be reported promptly to the Customer Service Department.
- If a discrepancy exists between the quantity or items ordered and the quantity or items received, then ESR should be notified within seven business days of receipt of the shipment.
- If a customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to customer error, then the customer can be assessed a restocking fee and the shipping charges.
- Product returns should be pre-approved by ESR and received within 14 business days of authorization of the return. Please use ESR's Contact Us form and/or webchat to speak with the Returns Agent 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. ESR can refuse to accept a returned product if the Return Authorization form is not visible.
- ESR must receive a returned product before a credit for the returned product can be issued.
- There is a processing fee on returned products. The customer is 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 ESR to do so.
This Policy is effective as of March 1, 2018
Use of ESR Trademarks Online
Images and likenesses of ESR's trademarks and trade dress (including pictures of any thing bearing ESR labeling) and copyrighted product descriptions are protected by copyright law to the fullest extent of the law.
A customer does not have the right to affix any ESR trademark to any product or other material .
A customer should not use ESR's trademarks except in the form, context, and location that is acceptable to ESR. ESR will periodically review customer feedback, reserving the right to demand that a customer make changes to its website regarding the use of intellectual property owned or controlled by ESR, even if ESR has previously approved or accepted the customer's website or the material displayed thereon.
A customer must not use any ESR product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.
To protect customers and ESR 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, ESR products cannot be displayed or mentioned within two clicks of any disease claim.
ESR will periodically review a customer's website, post, and review, and reserves the right to demand a customer make changes to its website post, and review regarding any disease claim regarding a ESR product, even if ESR has previously approved or accepted the customer's website or the material displayed thereon.
ESR reserves the right to demand a customer make changes to its website, post, and review, to the extent a customer is making statements about ESR products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
The ESR logo can not be used in any form online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by ESR. The ESR logo may be accompanied by a statement indicating "I (We) proudly offer [insert ESR logo] products." No other statements may be affiliated with use of the ESR logo.
Violations of Policy
A customer who violates ESR's Internet policy will receive a written notice from ESR that the customer is in violation of the policy. If the customer does not come into compliance with the policy, then the customer will no longer be able to purchase ESR products.
A customer who corrects their website, post, and review, to bring it into compliance with this policy should promptly notify ESR. ESR will review the website and if ESR determines the website is in compliance with this policy, then the customer's account will be reactivated.
ESR has adopted a zero-tolerance approach to this policy. Customers acknowledge that upon any subsequent breach of any provision of this policy, ESR may terminate the customer's account without notice.
ESR may, in its sole discretion, revise its Internet policy at any time.
Any failure or delay by ESR in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent ESR from enforcing the provision at a later date.
Copyright / Trademarks
Except where otherwise indicated, all materials presented on ESR's website are the copyrighted property of ESR, Inc.
The ESR logo and the names of various products offered by ESR are trademarks of ESR, Inc.
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 ESR, 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 ESR.
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 ESR, is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from ESR.
The information and descriptions presented on ESR websites are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.
Personal Security Code Registrations
Some portions of some ESR websites are 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 websites is prohibited.
In accessing portions of ESR websites requiring a User ID and Password, you agree that ESR is entitled to act on instructions received under your User ID and Password and that ESR 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 ESR.
You must keep your User ID and Password confidential and you should notify ESR promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of ESR's websites has occurred or may occur. ESR may block access to the restricted portions of its websites 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 ESR websites are provided "as is" and without representations or warranties of any kind, either express or implied. ESR expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ESR does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that ESR's websites, its servers, or any e-mail sent from ESR are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
ESR 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 websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of ESR, the unauthorized access to or alteration of your transmissions or data, even if ESR 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 ESR websites is governed by and construed in accordance with the laws of the State of Idaho without giving effect to any principles of conflicts of laws. Any dispute concerning a ESR website is subject to the venue of a court of competent jurisdiction in Bonner County, Idaho.
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: 1 March 2018
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