Terms and Conditions

Welcome to the Nutricafé Coffe Club website (the “Website”) hosted by Enerhealth Botanicals. (hereafter also referred to as “we” and “us”). Please review the following terms and conditions concerning your use of and access to the Website. By accessing, using, subscribing, purchasing or downloading any materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”). If you do not agree with the Terms & Conditions, you may not use the Website.

ACCESS, COMPLIANCE

By accessing the Website, you agree to be bound by the Terms & Conditions, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms & Conditions periodically to be aware of modifications. Continued access or use of the Website shall be deemed conclusive evidence of your acceptance of the modified agreement. In order to utilize certain services offered by the Website, you may need to create a subscription or account. You agree to (a) create only one account/subscription; (b) provide accurate, truthful, current and complete information when creating your account/subscription; (c) maintain and promptly update your account/subscription information; (d) maintain the security of your account/subscription by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account/subscription; and (f) take responsibility for all activities that occur under your account/subscription and accept all risks of unauthorized access.

INFORMATION AT THE WEBSITE

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting us via information provided at the “Contact Us” link.

USE

Any personal information you submit to the Website is governed by the Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the site either for purposes of submitting an order or to receive further information, updates and promotions about or related to the Website In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms & Conditions: Collecting information about the Website or users of the Website without our written consent; Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent. Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof; Accessing or using the site for commercial or competitive purposes; Disguising the origin of information transmitted to, from, or through the Website. Impersonating another person; Distributing viruses or other harmful computer code; Allowing any other person or entity to impersonate you to access or use the Website; Using the Website for any purpose in violation of local, state, national, international laws Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions. We expressly reserve the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms & Conditions. In addition to violating the Terms & Conditions of the Website, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution. Any unauthorized use of any materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

TERMINATION

You or we may suspend or terminate your subscription or account or your use of this Website at any time, for any reason or for no reason. To the extent you have orders pending when you terminate your account or use of the Website, you remain personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

COPYRIGHTS AND TRADEMARKS

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services are protected by international, federal and state copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks is Enerhealth Botanicals, its affiliates or respective third party authors, developers or vendors ("Third Party Providers"). Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission ofEnerhealth Botanicals and/or a Third Party Provider. Also, you may not "mirror" or “archive” any contents displayed on or otherwise accessible from the Website on any other server without the prior express written permission of Enerhealth Botanicals,.

MINORS

You are ineligible to use this Website if you are under the age of 14. We do not accept any users who are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and your parent or legal guardian agrees to these Terms & Conditions. If you are under the age of 18, your parent or legal guardian’s consent to these Terms & Conditions is ongoing and they hereby warrant that they will review these Terms & Conditions for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms & Conditions.

PRICING POLICY

Prices and offers are subject to change at any time.

SALES TAX POLICY

In connection with the sales of goods, our site collects and remits sales tax as required by U.S. law

PAYING FOR YOUR ORDER

You may pay for your orders with major debit and credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, American Express and Discover Card. Except for Subscriptions, credit and debit cards are not charged until we ship the item(s) to you. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to limit or prohibit sales to dealers and resellers.

RETURN POLICY

All sales made through the Website are subject to our return policy. Your complete satisfaction is our top priority. If you are not 100% satisfied with your purchase for any reason, we will gladly accept returns of unopened packages within 30 days of the shipment date and issue a refund.

SHIPPING POLICY

The following issues with orders may result in delayed shipping: Incorrect shipping address Shipping address does not match billing address Payment delay or issue Orders held because they contain a large quantity of a single item that would cause inventory depletion (note: this is an infrequent circumstance) Carrier failure to deliver (e.g. severe weather conditions)

LIMITATION OF LIABILITY TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENERHEALTH BOTANICALS, EXCEED $500.00. IN NO EVENT SHALL ENERHEALTH BOTANICALS, OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Enerhealth Botanicals, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to Enerhealth Botanicals, resulting from any violation of these terms by you or any other person accessing the Website.

CONFLICTS

Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.

SEVERABILITY

Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.

GOVERNING LAW & EXCLUSIVE VENUE

Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of California and litigated in the County of Los Angeles in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California

USERS IN CALIFORNIA

This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

MEMBERSHIP, FREE TRIALS, BILLING and CANCELLATION

Ongoing Membership

Your membership, which may or may not start with a free trial, will continue until you cancel your membership or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the service. You must cancel your membership before it renews each billing cycle in order to avoid billing of the next cycles fees to your Payment Method.

Differing Memberships

We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by visiting our website and clicking on the "Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

Your membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Enerhealth Botanicals reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. YOU MAY CANCEL YOUR MEMBERSHIP ANYTIME USING THE CUSTOMER SERVICE PORTAL. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

MISCELLANEOUS

The Terms & Conditions (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. We reserve the right to change these Terms & Conditions or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms & Conditions because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. You may not assign these Terms & Conditions without the prior written approval of Enerhealth Botanicals. Any purported assignment in violation of this section shall be void. Enerhealth Botanicals reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Enerhealth Botanicals.

Billing

Recurring Billing

By starting your Nutricafé Coffee Club membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Nutricafé Coffee Club service to your Payment Method. You acknowledge that the amount billed each cycle may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or in one or more charges.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle

The membership fee for our service will be billed at the beginning of the paying portion of your membership and each billing cycle thereafter unless and until you cancel your membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.

No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by visiting our website and clicking on the "Account" link, available at the top of the pages of the website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation"), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for Nutricafé Coffee Club using your account with a third party as a Payment Method, and wish to cancel your Nutricafé Coffee Club membership at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Nutricafé Coffee Club service. You may also find billing information about your Nutricafé Coffee Club membership by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your Nutricafé Coffee Club membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY GOODS OR SERVICES THAT HAVE BEEN OR ARE IN THE PROCESS OF BEING SHIPPED.

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