Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SERVICE CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

 

You (“Customer”, “consumer”, "wholesaler", "retailer", and “website visitor”) are currently viewing a page of the Flint Nutrition, LLC. website(s) or related websites (the “Site”) belonging to Flint Nutrition, LLC. (Flint Nutrition) or one of its social network sites, subsidiaries, assignees, parent companies, sister companies, affiliates, associates, or associated marketplaces (collectively the "Service Providers", "Flint Nutrition", and "We"). This Site and any of the services provided by Flint Nutrition in connection with business operations and/or Site (the “Services”) are being provided to you expressly subject to these Terms of Use, which govern your use of the Site, Services, purchases you make, products you receive, your relationship with Flint Nutrition and/or any Disputes you may have. Please read these Terms of Use carefully. By accessing this Site or other Service Provider sites, making a purchase, or using any of our Services you agree to be bound by these Terms of Use, Privacy Policy, Disclaimer, and California Prop 65 Policy. The Site is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you should not be visiting this Site.

 

“Services” under these Terms of Use and Conditions (Terms) include but are not limited to tangible and intangible purchases you make, products you receive, product labeling, product information written and verbal, advice, consulting counseling, and additional services available to you from independent third party Service Providers accessed through navigation from the Site.

 

The Service is subject to your compliance with the binding terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service ("Information") and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer, California Prop 65 WARNING (California Safe Drinking Water and Toxic Enforcement Act of 1986), and Privacy Policy set forth below and the terms and conditions set forth below, including all exhibits hereto and the Information.

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, ACCESSING, AND USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE, SERVICE, AND SERVICE PROVIDERS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW INCLUDING THE PROVISIONS OF PARAGRAPHS 17 (WARRANTIES), 20 (LIMITATION OF LIABILITY), 21-26 (BINDING ARBITRATION; WAIVER OF CLASS-ACTION RIGHTS; SEVERABILITY), 31-34 (COPYRIGHT, LICENSES, USE RESTRICTIONS, AND IDEA SUBMISSIONS), 37 (INDEMNIFICATION), 38 (THIRD PARTY RIGHTS), 49 (MISCELLANEOUS), 50-53 (CALIFORNIA PROPOSITION 65 WARNING (CALIFORNIA SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986)), DISCLAIMER, PRIVACY POLICY, AND ALL CONTRACT TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SERVICES. FLINT NUTRITION MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

 

These terms and conditions of use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void unless otherwise agreed to in a written agreement signed by both Customer and Flint Nutrition.

 

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAW.

 

The products, claims, reviews, and testimonials made about products and services on or through this site have not been evaluated by Flint Nutrition or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on this site and any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. Flint Nutrition urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks and to share with your provider any information pertaining to your health and well-being, including the use of supplemental nutrition. You should not stop taking any medication without first consulting your physician.

 

Shopping. All e-commerce is brought to you by Flint Nutrition or an operational service provider and Affiliate under this Agreement. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive, and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

 

Products may be purchased while supplies last. If a Product is listed at an incorrect quantity or price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).

 

Payment Terms. You acknowledge that Flint Nutrition reserves the right to charge for any portion of the Flint Nutrition Services and to change its fees (if any) from time to time at its discretion. If Flint Nutrition terminates your Account/Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any). If you purchase or use Flint Nutrition Credits, or make direct payments, you agree to our Payment Terms. Terms of payment are within Flint Nutrition sole discretion, and unless otherwise agreed to by Flint Nutrition, payment must be received by Flint Nutrition prior to Flint Nutrition acceptance or shipment of an order. Payment for the products will be made by credit card, money order, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Flint Nutrition. Invoices are due and payable within the time period noted. Flint Nutrition may invoice parts of an order separately. Orders are not binding upon Flint Nutrition until accepted by Flint Nutrition. Any price quotations given by Flint Nutrition will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

 

Our creation or transmission of order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. We reserve the right to refuse, cancel, or seek the return any Products that are purchased in violation of the foregoing restrictions.

 

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.

 

Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Flint Nutrition invoice(s). Unless Customer provides Flint Nutrition with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Flint Nutrition acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however, designated, except for Flint Nutrition franchise taxes and taxes on Flint Nutrition net income. If applicable, a separate charge for taxes will be shown on the Flint Nutrition invoice.

 

Products. Flint Nutrition policy is one of ongoing product updates and revisions, often on a daily basis. Product descriptions and labeling may have inaccuracies or incorrect nutrition facts, information, and claims. Flint Nutrition may revise and discontinue products at any time. Flint Nutrition reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. Flint Nutrition may source products from different suppliers around the world. We do our best to maintain the accuracy of the information on our website but at times there may be mistakes. If you see a mistake in a product description or label or misrepresentation please contact us so we can correct the error immediately.

 

Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Flint Nutrition immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

Title; Risk of Loss. Title to products passes from Flint Nutrition to Customer on shipment from Flint Nutrition facility. Loss or damage that occurs during shipping by a carrier selected by Flint Nutrition is Flint Nutritions' responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

 

Warranties, Disclaimers. THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) FLINT NUTRITION DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES AND PRODUCTS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES... THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE. THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. THAT DEFECTS WILL BE CORRECTED. THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. IN ADDITION TO THE ABOVE, YOU (AND NOT FLINT NUTRITION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN ADDITION TO THESE TERMS AND CONDITIONS, WHICH MANDATES BINDING ARBITRATION AND WAIVER OF CLASS-ACTION RIGHTS, YOU AGREE TO BE BOUND BY THE ACCEPTANCE OF CONTRACT TERMS CONTAINED ELSEWHERE IN THIS SITE INCLUDING OUR PRIVACY POLICY, DISCLAIMER, AND CALIFORNIA PROPOSITION 65 POLICY.

 

Contests, Promotions, Sweepstakes, Auctions. From time to time, we or our service providers, licensees, suppliers, or Advertisers may conduct promotions on or through Flint Nutrtion or Community Sites, including, but not limited to, auctions, contests, or sweepstakes ("Promotions"). Each Promotion may have Additional Terms, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into this Agreement. It is your responsibility to read and abide by the Additional Terms.

 

Deactivation/Termination of Your Account or Use. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Even after Account/Membership is terminated, this Agreement will remain in full effect.

 

Limitation of Liability. FLINT NUTRITION IS NOT LIABLE FOR ANY REASON FOR ANY BARGAINED-FOR EXCHANGE VIOLATION, DAMAGES, MEDICAL EXPENSES, LOSS, SICKNESS, OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITE, SERVICES, SERVICE PROVIDERS PRODUCTS, INFORMATION, PRODUCT LABELS, NUTRITION FACTS, PRODUCT DESCRIPTIONS, FALSE BENEFITS, LINKS, FALSE CHARACTERISTICS, RECOMMENDATIONS, REPRESENTATIVES ADVICE, FALSE STATEMENTS, VIDEOS, OR SUGGESTIONS. FLINT NUTRITION WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LEGAL BILLS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY... USE OF (OR INABILITY TO USE) THE SITES, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR... LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING... DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES"). FURTHERMORE, WE AND OUR SERVICE PROVIDERS ARE NOT LIABLE EVEN IF WE'VE BEEN MISLEADING, NEGLIGENT, DECEPTIVE OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.

 

Binding arbitration; waiver of class action rights; severability. Binding arbitration is a means of having an independent third party resolve a Covered Dispute without using the court system, judges, or juries. Either You (“Customer”, reseller, wholesaler, consumer, and website visitor) or We (“Flint Nutrition” including Flint Nutrition assignees, agents, employees, consultants, independent contractors, officers, parent companies, sister companies, directors, shareholders, subsidiaries, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the "Service Providers")) may require the submission of a Covered Dispute to binding arbitration at any reasonable time. You and Flint Nutrition, agree that if a Dispute, Claim, disagreement, misunderstanding, or controversy (collectively referred to as Dispute), whether in contract, tort or otherwise, whether pre-existing, present or future and including statutory, common law, intentional tort and equitable claims, arises between you and Flint Nutrition, upon demand by either you or Flint Nutrition, the Dispute shall be resolved exclusively and finally by the following binding arbitration process. However, Flint Nutrition shall not initiate arbitration to collect a debt but reserves the right to arbitrate all other disputes. A “Dispute” is any unresolved disagreement between you and Flint Nutrition whether or not you have made a purchase. It includes but is not limited to any losses or disagreement relating in any way to Flint Nutrition, its SITE, Service, Service Providers, products, related services, related purchase, expenses, damages, costs, loss of investments, Certificate of Analysis results (CoA), legal fees, medical fees, advertising, marketing, product country of origin, product nutrition facts and supplement facts panels, product taste, product color, product smell, product consistency, promotions, product descriptions, product testing, product labels, custom product blends, custom packaging, product claims, product quality, product purity, product contamination, laboratory tests and reports, product additives, product mix-ups, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties. It includes claims based on breach of express or implied warranties, broken promises, bargained-for exchange illusory promises, deceptions, misrepresentations, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law and equitable claims. This Arbitration Agreement shall survive the payment or closure of your Account and discontinued use of the Site, Services, and Service Providers. You understand and agree that you and Flint Nutrition are waiving the right to a jury trial or trial before a judge in a public court. As the sole exception to this Arbitration Agreement, you and Flint Nutrition retain the right to pursue in small claims court any Dispute that is within that court’s jurisdiction. If either you or Flint Nutrition fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.

 

Arbitration Procedure; Severability. Either you or Flint Nutrition may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. Neither you nor Flint Nutrition shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in a private attorney general capacity. Each arbitration, including the selection of the arbitrator(s), shall be administered by America Arbitration Association (AAA) ( https://www.adr.org/ ), JAMS ( https://www.jamsadr.com/ ), FORUM ( http://www.adrforum.com/ ), or such other administrator as you and Flint Nutrition may mutually agree to (AAA, JAMS, NAF or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”). To the extent that there is any variance between the Arbitration Administrator Rules and this Arbitration Agreement, this Arbitration Agreement shall control. The arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other parties to an arbitration proceeding may disclose the existence, content, or the results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed in order to ensure the enforcement of this Arbitration Provision. You and Flint Nutrition (the “Parties”) agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent, any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of Arizona will apply.

 

You and We each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The Arbitration Administrator, the arbitrators, You and We, must, to the extent feasible, take any necessary action to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the Arbitration Administrator.

 

The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and Flint Nutrition The arbitration shall be conducted in English and held in Apache Junction, Arizona at the office of Flint Nutrition, in person, by telephone, or video conference as determined by agreement of the parties or, in the absence of agreement, by the Arbitrator(s). Discovery will be limited to a timely exchange of documents. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Parties agree to keep confidential the arbitration and any Award rendered by the Arbitrator(s).

 

Rights Preserved. Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of the Account or any other relationship between you and Flint Nutrition.

 

Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration You may file. If the law applicable to this Agreement limits the number of fees and expenses to be paid by You, then no allocation of fees and expenses to You shall exceed this limitation. Unless inconsistent with applicable law, each of Us shall bear the expense of our own attorney, expert, and witness fees, regardless of which of Us prevail in the arbitration.

 

Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Z Natural Foods has separate terms and conditions governing resales.

 

Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

 

Wireless Marketing Services & Promotional Opportunities. Z Natural Foods may provide users and viewers with the opportunity to register for special promotions, services, news, programming, and information delivered via text messaging (SMS and MMS) and other wireless Devices. Users are required to provide their consent to receive such information, either by registering on this Site or via their wireless Device. Such services and promotional opportunities may be provided by the Affiliates, service providers, mobile carriers, or other related companies of Flint Nutrition. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depend on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy, and Disclaimer.

 

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Flint Nutrition, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and Data rates may apply.

 

Message frequency will vary. Flint Nutrition reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Flint Nutrition also reserves the right to change the shortcode, phone number, or email from which messages are sent.

 

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Flint Nutrition, its service providers, Affiliates, the mobile carriers, and related companies supported by the program are not liable for delayed or undelivered messages.

 

To cancel text messages reply to one of our messages by texting the keyword "STOP". After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Flint Nutrition, its service providers, Affiliates, mobile carriers, and related companies will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive emails or text messages from Flint Nutrition through any other programs you have joined until you separately unsubscribe from those programs.

 

Software License. By this Agreement, Flint Nutrition grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Flint Nutrition and/or its Licensors. Flint Nutrition has no obligation to update or modify any of the foregoing.

 

Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.

 

Copyright, Licenses, Use Restrictions, and Idea Submissions. The copyright in all material provided on this Site is held by Flint Nutrition or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Flint Nutrition or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Flint Nutrition permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Flint Nutrition respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Flint Nutrition has implemented procedures for receiving written notification of claimed copyright, patent, and trademark infringements and for processing such claims in accordance with the Act. Please refer to our DMCA Compliance Statement for more information.

 

Review. Flint Nutrition DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. However, Flint Nutrition RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO Flint Nutrition AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

 

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or redirection of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, the Parent Companies' or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Site collects and uses your Personal Information and other information, and the nature of certain of our relationships.

 

Indemnification. You agree to indemnify, defend and hold harmless Flint Nutrition its Sites, Service, Service Providers, assignees, agents, employees, consultants, independent contractors, officers, directors, shareholders, parent companies, subsidiaries, sister companies, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the "Service Providers") from and against any and all losses, Disputes, disagreement, bargained-for exchange disputes, misrepresentations, expenses, false statements, medical bills, false characterizations, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to Flint Nutrition services, related purchase, marketing and advertising, laboratory testing and reports, supplement facts/nutrition facts, marketing, promotions, product descriptions, product labels, product claims, Certificate of Analysis results (CoA), product quality, product purity, product testing, product contamination, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service. It includes claims based on broken promises, incorrect product information or claims, bargained-for exchange illusory promises, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law, equitable claims, express, and implied warranties.

 

Third-Party Rights. The provisions of paragraph 37 (Indemnification) are for the benefit of Flint Nutrition and its members, officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Hyper-Links to Third Party Sites. We and the Parent Companies are not responsible for links to third-party sites ("Outside Sites") that are made available, or that you use, on or in connection with Flint Nutrition or Community Sites. We do not verify, endorse, or have any responsibility for Outside Sites, their business or privacy practices, or any associated goods or services. If an Outside Site obtains or collects Personal Information from you, we are not responsible. Therefore, always use your own best judgment when dealing with an Outside Site.

 

Term; Termination. This Agreement shall commence upon your accessing the Site, Service, or Service Provider. This Agreement may be terminated by Flint Nutrition without notice at any time for any reason and may be terminated by you upon notice to Flint Nutrition at any time for any reason. The provisions of paragraphs 17 (Warranties), 20 (Limitation of Liability), 21-26 (Binding arbitration; waiver of class action rights; severability), 31-34 (Copyright, Licenses, Use Restrictions, and Idea Submissions), 37 (Indemnification), 38 (Third Party Rights), 49 (Miscellaneous), 50-53 (Proposition 65), 59-63 (Contract Terms) shall survive any termination of this Agreement.

 

Registration & Eligibility. Use of the Flint Nutrition Services and registration to be a Member for the Flint Nutrition Services (“Membership”) is void where prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. By using the Flint Nutrition Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you will only create one account and; (d)your use of the Flint Nutrition Services does not violate any applicable law or regulation. ALL VISITORS UNDER THE AGE OF 18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN AT ALL TIMES.

 

To register with Flint Nutrition you must provide a valid e-mail address (username) and password as well as certain other information. You may provide only true, complete, and current information about yourself. Your Login gives you access to your Flint Nutrition account and Flint Nutrition services. You may not allow anyone else to access or use your Flint Nutrition account. You are responsible for all activities that occur under your Flint Nutrition account. If you are between 13 and 17 you must provide your parents or legal guardians with your current Login details at all times. You may not disclose your Login to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your Flint Nutrition account, or any other security concern.

 

We may require each user to have a unique username and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") and other information we collect, use, disclose, manage, and store. As part of the registration process for the feature or function, you will choose a username (email address) and password (or we may assign an initial password which we will give you the option to change). Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, the disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.

 

When you join Flint  Nutrition you may select a display name or use your First name, which will be displayed next to your profile picture within the Site. Display names are not exclusive, users may choose the same or similar display names. You may change your display name. We reserve the right, in our sole discretion, to modify or delete your display name and/or Account/Profile/URL at any time, without notice or responsibility to anyone.

 

Return Policies. Customer satisfaction is very important to us and we will do what we can to make it right. If there is a problem with your order, please let us know and we will be happy to provide usage assistance and discuss all the options with you.

 

We guarantee the freshness and purity of our products when stored properly. It is normal for the taste, smell, texture, color, density, and clumpiness to vary from batch to batch due to seasonal variations and the unique nature of our raw minimally processed products. Therefore we are unable to accept returns and give refunds based on personal tastes, preferences, or natural variances from batch to batch.

 

Flint Nutrition, at its sole discretion, on a case by case basis, will determine if a product may be returned within 30 days of purchase. Orders over 30 days old cannot be returned or refunded. Custom blended and custom packaged products cannot be returned or refunded. Before returning any product, the customer must contact Flint Nutrition to obtain an RMA (Return Merchandise Authorization) number. Returns will not be accepted without prior approval. Shipping charges are not refundable and products must be returned unopened and unused, in good, re-sellable condition in order for a credit or refund to be granted. Opened food products may not be returned. Return shipping and handling charges may apply to undeliverable or refused packages. Credit or refund will be given only after the product is returned and inspected and a minimum restocking fee of 20% may apply at Flint Nutrition sole discretion. Flint Nutrition is not responsible for return shipping costs.

 

If there is damage during shipping or an error in the products shipped, Flint Nutrition may, at its sole discretion, reship or refund the shipment and may require the return of the original shipment.

 

This return policy applies to orders purchased directly from Flint Nutrition. If you purchased a Flint Nutrition product at a retail store or other resale location, please contact that seller regarding your return. The customer must read and understand all product details including country of origin and ingredients before ordering.

 

Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. You agree that any legal action or proceeding between Flint Nutrition and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in binding arbitration of competent jurisdiction sitting in Pinal County, Arizona. You hereby waive your right to a jury trial in any action with respect to Flint Nutrition and the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Flint Nutrition failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Flint Nutrition may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Proposition 65. Prop 65 is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects, or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs, and other products. Listed chemicals including lead, cadmium, and products containing even very small amounts of these or any other listed chemical must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California:

 

California Proposition 65 WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food

 

and

 

California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food

 

For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html

 

Use of Flint Nutrition products for further manufacturing, repackaging, private labeling or retailing: If a client uses Flint Nutritioin products for further manufacturing, repackaging, private labeling or Flint Nutrition products, it assumes all responsibility in compliance and Proposition 65 Notice requirements for products directly or indirectly sold in California, or placed in commerce for sale in California, and assumes responsibility for providing proper and compliant notice and warning materials to the authorized agents of retailers, as described in California Code of Regulations Title 27 § 25600.2(b) and (c). This must include a notice that the product requires an Internet warning if it will be or may be sold online.

 

California Proposition 65 Warning on Finished Products: Clients producing products, whether supplied in retail or bulk packaging, shall be solely responsible to determine if the product contains a listed chemical at a concentration that requires notice and, if so, label the product or its retail packaging with the warning as required. It is the responsibility of the client to verify that finished products comply with these limits and comply with all local laws, including California Proposition 65compliant product labeling and online warnings. Failure to do so can result in significant legal fees and civil penalties.

 

As a condition of purchasing Flint Nutrition Products, the client agrees to indemnify and hold harmless Flint Nutrition and to pay for legal expenses and legal counsel of Flint Nutritions’ choice necessary to defend any California Proposition 65 Claims arising from client’s failure to provide Proposition 65 notice to a downstream agent, retailer or customer.

 

Your Guarantees. You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are under 18 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement, and (d) your activities are lawful in any jurisdiction where you use Flint Nutrition

 

Certain Products & Services. RSS Feeds and Podcasts The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video, and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or transferred to a portable listening device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Flint Nutrition or the content provider. Content is available for personal, non-commercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section 11.

 

By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, Flint Nutrition the Parent Companies and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment.

 

If Flint Nutrition offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier's standard messaging rates and other messaging, data, and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

 

Under no circumstances will Flint Nutrition the Parent Companies or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any Mobile Application Services.

 

Acceptance. By ordering any product from Flint Nutrition whether by clicking through over the internet, telephone, facsimile, or otherwise, the customer agrees to be bound by these Terms and Conditions, as well as the "Acceptance of Contract Terms" in this agreement.

 

The following ("Contract Terms") are terms of a legal agreement between you and Flint Nutrition By accessing, browsing and/or using FlintNutrition.com ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site and Services. You are still bound by all of our policies even if you fail to read all of our policies. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Flint Nutrition from its offices within the United States. Flint Nutrition makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, changing or undertaking a new diet, exercise program, or supplementation program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

 

Flint Nutrition does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease. Flint Nutrition makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

 

The information is compiled from a variety of sources ("Information Providers"). Neither Flint Nutrition nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Flint Nutrition or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Flint Nutrition or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Flint Nutrition or Information Provider has been advised of the possibility of such damages.

 

Information accessed through this online site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Flint Nutrition and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information. Flint Nutrition and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Flint Nutrition is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

 

The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of healthcare topics. The information should not be considered complete and should not be used in place of a visit, call, consultation, or advice of your physician or another healthcare provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Should you have any healthcare-related questions, please call or see your physician or another healthcare provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of Flint Nutrition products on your health.

 

Flint Nutrition may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in Flint Nutrition account information. You may give notice to Flint Nutrition at any time by letter delivered by certified first-class postage prepaid U.S. mail or overnight courier to the following address:

 

Flint Nutrition

151 W Superstition Blvd #4144

Apache Junction, AZ 85178

 

By using our Site, Service, Service Providers or placing an order, you confirm you have reviewed and agree to the Flint Nutrition Legal Notice Disclaimer Policy, Privacy Policy, California Prop 65 Policy, Accessibility Policy, Shipping Policy, Return Policy, Cookie Policy, DMCA Compliance Statement, and Terms & Conditions Policy, which are incorporated into this Agreement by this reference and which requires the use of binding arbitration to resolve any disputes.

 

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