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Legal Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. These terms are applicable to our entire network of sites, including any versions optimized for viewing on a wireless or tablet device; all e-mail newsletters published or distributed by us; and all other interactive features and communications provided by us, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us (collectively “Site”).

UNLESS YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT HAS BEEN SIGNED BY AN OFFICER OF OUR COMPANY, ALL BUSINESS DEALINGS YOU HAVE WITH OUR COMPANY ARE UNCONDITIONALLY ACCEPTED PURSUANT TO THESE TERMS AND CONDITIONS. IF A SEPARATE WRITTEN AGREEMENT APPLIES, THE OTHER WRITTEN AGREEMENT SHALL APPLY ONLY AS TO SPECIFIC TERMS IN THAT AGREEMENT AND THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO ALL OTHER TERMS.


1. Stress-Free Guarantee, Products, Content and Specifications. 
Kradle’s formulations are made to work quickly and reliably and are suitable for daily use. Each dog is different, and we’re here for you to help you find the best solution for your furry friend. With our Stress-Free Guarantee, if you don’t see a marked improvement in your dog’s behavior after seven days, let us know and we’ll work with you to find the best solution. If you’re still not completely satisfied, customers who bought our product online can simply send us the unused portion. If we receive a returned product within 30 days, we will issue a full refund. Your acceptance of the terms of purchase means you agree to and understand the refund policy. Kradle stands behind all of its products with our Stress-Free Guarantee. If you purchased your product from one of our retail partners, you can either return the product to your retailer pursuant to their policy or you can contact us, and we will offer another one of our products for you to try. We want your furry friend to be satisfied!
 
All of our products are tested for quality, and all shipments are carefully inspected before leaving our warehouse. Upon delivery of your order, please check product carefully to ensure it has not been damaged during shipping. All claims for damaged product must be made with 5 days. Please contact us and provide detailed information for any product damaged during shipping within that time. Please include a full description of the damages to the product.
 
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. The prices displayed on this Site are quoted in U.S. currency. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of products. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
 
By purchasing our products you are agreeing to these terms and conditions and you specifically agree that you understand that the products purchased, whether consumable or topical, contain cannabinoids from hemp oil. Our manufacturing facilities are registered with the FDA and our products are manufactured according to FDA guidelines for cGMP standards for dietary supplements. As these products have not been evaluated by the FDA, we make no claims as to any benefits from our products. If you decide to purchase our products, you do so based upon your own opinions as to any benefits these products may provide. 

 

 

2. Shipping Limitations.

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. Unfortunately, we are unable to ship our products to a small number of states due to local law reasons. We will monitor the legislation in those states and remove these restrictions when possible. All of our shipments are carefully inspected before leaving our warehouse. Upon delivery of your order, please check product carefully to ensure it has not been damaged during shipping. All claims for damaged product must be made with 5 days. Please contact us and provide detailed information for any product damaged during shipping within that time. Please include a full description of the damages to the product.

 

Standard shipping on kradlemypet.com is via USPS priority mail and you will get a notification from us when your product ships so you can track its progress. USPS shipping times can vary by your location, but normally customers can expect to receive their product ~ 3 days after shipping. Customers opting into expedited shipping can expect to receive their package 1 to 2 days after shipping.


You may return or exchange a product or service purchased from this Site in accordance with our Stress-free Guarantee. Certain jurisdictions may provide additional statutory rights and nothing herein is meant to limit your return or cancellation rights under local law.

 

3. Accuracy of Information.

We attempt to provide complete, accurate and current information on this Site. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We do not warrant or accept any responsibility or liability for the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 


4. Fees. 

For all charges or deposits for any events, products and/or services ordered by you on or through the Site, we or our vendors or agents will bill your bank card or alternative payment method offered by us and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

 


5. Account Registration and Security.

You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Site’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

 


6. Use of this Site.

This Site is expressly owned and operated by us. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from this Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content are owned, controlled or licensed by or to us, and are protected by copyright, patent, trademark and various other intellectual property and unfair competition laws. All worldwide rights are reserved. This Site and its Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with our prior written permission. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may download or electronically copy and print any of the Content displayed on this Site for your personal, noncommercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you.

 


7. Promotional Offerings. 

Certain offerings on this Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. We reserve the right to void, cancel or suspend any promotion at any time without notice.

 


8. Trademarks.

Certain trademarks, trade names, service marks and logos used or displayed on this Site are our registered and unregistered trademarks, trade names and service marks. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without our written permission. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not remove, obscure or alter any copyright notices, trade names, trademarks, service marks, logos, or other distinctive brand features or other proprietary rights notices affixed to or contained within this Site or its Content.

 


9. Linking to this Site

Creating or maintaining any link from another Web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.


10. Third Party Links.

From time to time, this Site may contain links to websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you and do not represent the views of us or any individual associated with us. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates: (i) monitor or review any third party content or websites; (ii) are responsible for any content, materials or other information located on or accessible from any other website; or (iii) endorse, guarantee, or make any representations or warranties regarding any other websites, their terms of use or privacy practices, any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Site, you do so entirely at your own risk. This Site may include tools that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Instagram, LinkedIn, YouTube or Spotify. These third party services are unrelated to this Site and your use of such third party services is subject to the terms and policies of those services. This Site may also provide certain social media features that enable you to send e-mails or other communications with certain content or links to certain content on this Site. You may use these features solely as they are provided to us and solely with respect to the content they are displayed with.

 


11. Prohibited Actions.

You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or this Site as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display this Site, Content or any portion thereof by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; or (e) use this Site or Content, including any of the features, tools and service on this Site, for any reason other than for its intended purpose, including to communicate with us or conduct any Inappropriate Activities, as defined below. You may not attempt to gain unauthorized access to any portion or feature of this Site, any other systems or networks connected to this Site, any of our servers, or any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site. You may not reverse look-up, trace or seek to trace any information on any other user or visitor of this Site, or any other customer of ours, including any of our accounts not owned by you, to its source. You may not exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this Site. You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks, or any systems or networks connected to this Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site or with any other person’s use of this Site. You may not use this Site (including any Content) to solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others. You acknowledge that your failure to abide by these Terms and Conditions may subject you to civil and criminal liability.


12. Inappropriate Material.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, morally offensive, pornographic or profane material or any material that could constitute or encourage harassment or a criminal offense or give rise to civil liability, or otherwise violate any law (collectively, “Inappropriate Activities”). In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 


13. User Information.

Other than personally identifiable information, which is subject to this Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, feedback or other communication you disclose, offer, submit, send, transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our affiliates are under no obligation to keep User Communications confidential. Personally identifiable information that you voluntarily post on any part of this Site that is viewable by the public is not subject to this Site’s Privacy Policy and is considered User Communications. We will have no obligation to use, display, return, review, or respond to any User Communications. You are and shall remain solely responsible for the content of any User Communications you offer or submit. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. We may, but are not obligated to, monitor or review any User Communications. We, our parent, subsidiaries, affiliates, successors, assigns and or their designees (as applicable) may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us, our parent, subsidiaries, affiliates, successors, assigns and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to communicate, publish, transmit, perform, display, create derivative works from, distribute, exploit and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms and Conditions are later modified or terminated, without any compensation to you. You agree to waive all moral rights in any User Communications in favor of us. We may, at our option and in our sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your User Communications or any portion thereof.


14. Recipes.

As part of the Site, we may offer recipes and information dealing in the preparation of food and beverages and we allow recipe submissions by various sources, including users of the Site. We in no way provide any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Site and prepared are done so "at your own risk". Se are not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Site.


15. Contests, Sweepstakes and Games.

From time to time we may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.


16. Your Representations and Warranties. 

By using this Site, you represent and warrant that (a) you are at least eighteen years old; (b) you have read and agree to abide by these Terms and Conditions; (c) you have read and agree to our Privacy Policy; (d) any information you submit to us is truthful and accurate; and (e) you will not use this Site or any content for any unlawful purpose or in violation of any applicable law.

 


17. Disclaimers.

YOUR USE OF THIS SITE IS AT YOUR RISK. WE DO NOT WARRANT THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THIS SITE AND ITS CONTENT AND THE SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER US, NOR ANY OF OUR RESPECTIVE AFFILIATES WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS, QUALITY OR CURRENTNESS OF ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR REPRESENTATION THAT ANY CONTENT, ITEMS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO MISAPPROPRIATION, NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE WITH ANY LAWS, CODES OR REGULATIONS. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 


18. Limitations of Liability.

We assume no responsibility, nor will be liable, for any damages to your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site, including without limitation any damages caused by viruses. IN NO EVENT WILL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY LICENSOR, SUPPLIER OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT OR SERVICES CONTAINED ON ANY SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

 


19. Revisions to these Terms and Conditions.

These Terms and Conditions may be revised at any time and from time to time and such revisions shall be effective immediately upon notice to you, which notice may be provided by posting the revised Terms and Conditions on this Site. You should visit this Site from time to time to review the then current Terms and Conditions because they are binding on you. Any use of this Site after notice of the revised Terms and Conditions shall constitute your acceptance of such changes. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site.

 


20. Governing Law and Arbitration.

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA (BOTH SUBSTANTIVE AND PROCEDURAL), WITHOUT REGARD TO CONFLICTS OF LAWS RULES. You irrevocably and unconditionally consent to the Dispute Resolution clauses contained in these Terms and Conditions for any litigation or dispute arising out of or relating to your access to or use of this Site, your dealings with our company, these Terms and Conditions or our Privacy Policy.

 


21. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and we agree that this Section satisfies the "writing" requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site, (ii) any purchases or other transactions or relationships with us, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, "Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.


a. Any claim or cause of action arising out of your purchase or use of our products or services, your use of this website, these Terms & Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties understand and agree that they are waiving the right to trial by jury. Such arbitration shall be conducted by a single arbitrator and the place of the arbitration shall be Minneapolis, MN. A decision by the arbitrator shall be final and binding and Judgment may be entered on the arbitrator’s award. We may bring a lawsuit solely for injunctive relief or equitable remedies to stop unauthorized use of our intellectual property rights without first engaging in arbitration.


b. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.


c. In the event that the agreement to arbitrate in this Section is found not to apply to you or your claim or cause of action or if any action is brought for the enforcement of an arbitrator’s order, you and we agree that any judicial proceeding will be brought only in the United States District Court for the District of Minnesota, or in courts of the State of Minnesota located in Minneapolis. Both you and we irrevocably consent and agree to venue and personal jurisdiction there. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL. We both consent to service of process by using the procedures in this DISPUTE RESOLUTION section. You consent to legal notices being sent to you at the e-mail address you provided to us when you conducted business with us and waive your right to receive notice by other means, including by regular mail. It is your responsibility to update your e-mail address should your address change and you agree we have no obligation to use any other notification means should your original address be or become ineffective.


d. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. All fees and expenses of the arbitration (including the fees of the arbitrator) will be divided equally between you and us. Each party will bear the expense of its own counsel and experts.


e. Any claim or cause of action you might have arising out of your purchase or use of the Products, your use of this Site, these Terms & Conditions, or the breach thereof, must be filed by you within one year after the date that such claim or cause of action arose, or else that claim or cause of action will be permanently barred.

 


22. Applicable Law.

We both agree that these Terms & Conditions constitute a written agreement signed by both you and us under applicable law. These Terms & Conditions shall be governed by the laws of the State of Minnesota, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 


23. Termination.

You or we may suspend or terminate your account or your use of this Site at any time, without notice, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

 

 


24. Health Related Information.

The information contained in this Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this Site (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with us) for diagnosing or treating a health problem or disease, or prescribing any medication. INFORMATION AND STATEMENTS REGARDING OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. You should read carefully all product packaging prior to use.

 


25. Indemnity.

You agree to indemnify, defend and hold us and our parent company, affiliates and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, losses, liabilities, demands, penalties, actions, causes of action, suits, obligations and expenses, including damage awards, settlement amounts and reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Terms and Conditions or the Privacy Policy, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

 



26. Domestic Use; Export Restriction.

We control this Site from our offices within the United States of America. We make no representation that this Site or its content (including, without limitation, any products or services available on or through this Site) are appropriate or available for use in other locations. Users who access this Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded in violation of United States law.

 


27. Copyright Agent.

If you believe your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please provide the following information to the agent identified below: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Site are covered by a single notification, a representative list of such works on this Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries, please Contact Us

 


28. Purchase of Goods from Suppliers. 

Our purchase of goods and services from suppliers are subject to the “Standard Purchase Terms and Conditions”  agreement that you accepted when taking our order. Those terms shall apply only as to the specific terms in that agreement and these terms and conditions shall apply to all other terms.


29. Sale of Goods to Businesses.

Our sale of goods and services to businesses (e.g., retailers) are subject to the “Terms and Conditions of Sale to Businesses”  terms that you accepted when placing your order. Those terms shall apply only as to the specific terms in that agreement and these terms and conditions shall apply to all other terms.

 


30. Sale of Goods and services to Consumers.

Our on-line sale of goods and services to consumers are subject to the terms that you accept when placing your order. Those terms, and the Stress-Free Guarantee referenced therein shall apply only as to the specific terms in that agreement and these terms and conditions shall apply to all other terms.

 


31. General Terms.

These Terms and Conditions and the Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter contained herein or therein. You may not assign any rights or delegate any obligations under these Terms & Conditions without our prior written consent. Any assignment or delegation, or attempted assignment or delegation, in contravention of the foregoing shall be null and void. We may assign or delegate any of our rights and duties under these Terms and Conditions to any party at any time without notice to you. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions or the Privacy Policy. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of this Site or our Terms and Conditions must be filed within one year after such claim or your cause of action arose or be forever barred. If any provision of these Terms & Conditions is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If any provision of these Terms & Conditions is declared invalid or unenforceable for any reason other than over-breadth, the offending provision will be modified so as to maintain the essential benefits of the bargain between the parties hereto to the maximum extent possible, consistent with law and public policy. If the Products purchased by you are to be used in the performance of a government contract or subcontract, no government requirements or regulations will be binding on us unless specifically agreed to by our authorized representative in writing. The failure of us to enforce any of the provisions of these Terms & Conditions will not be construed to be a waiver of any provisions hereunder nor will any such failure prejudice our right to take any action in the future. Any waiver must be made in writing and signed by an authorized representative of our company. These Terms & Conditions do not and are not intended to confer any rights or remedies upon any person other than you. In the event that these Terms & Conditions are translated into any language other than English, if any conflict exists between the original and the translation, the English language version will govern and control.

 

[Version 23APR2020]