Terms & Conditions
TERMS AND POLICIES
Terms of Service
This website is controlled by Miller Labs, LLC/Nutramint Smart Serum. Throughout the site, the terms “we”, “us” and “our” refer to Miller Labs, LLC/Nutramint Smart Serum. Miller Labs, LLC/Nutramint Smart Serum presents this site, along with all information, tools and services available from this site to you, the user, conditioned upon your agreement of all terms, conditions, policies and notices stated here and/or available by hyperlink. These Terms of Service are applicable to all users of the site, including without restriction users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or utilizing any services. By visiting our website and/or purchasing something from us, you take part in our “Service” and agree to be bound by the following terms and conditions. (“Terms of Service”, “Terms”), as well as those additional terms and conditions and policies mentioned herein and/or available by hyperlink. If these Terms of Service are considered an offer, acceptance is expressly defined to these Terms of Service. If you do not concede to all the terms and conditions of this agreement, then you may not access the site or use any services. Any new features or tools which are added to the current marketplace shall also be subject to the Terms of Service. You can check the most up to date version of the Terms of Service at any time on this page. We maintain the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your obligation to check this page regularly for changes. Your continued use of or access to the website after the posting of any changes establishes acceptance of those changes. Our marketplace is hosted on Shopify, Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you express that you are at least the age of majority in the state or province in which you reside, or that you are the age of majority in your state or province of residence and you have given us your approval to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized activity nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in a prompt termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to deny service to anyone for any reason at any time. You understand that your information (not including credit card information), may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes to attune and acclimate to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmittal over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is supplied, without express written consent by us. The headings used in this agreement are comprised for ease only and will not limit or otherwise alter these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not culpable if information made available on this site is inaccurate, incomplete or uncurrent. The content on this site is made available for general information only and should not be depended upon or used as the sole premise for making decisions without consulting primary, more exact, more complete or more timely sources of information. Any dependence on the material on this site is at your own liability. This site may include certain historical data. Historical data, necessarily, is not up to date and is given for your reference only. We hold the right to change the contents of this site at any time, but we have no requirement to update any information on our site. You agree that it is your duty to monitor edits to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notification. We reserve the freedom at any time to revise or discontinue the Service (or any part or content thereof) without notification at any time. We shall not be held responsible to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available only through the website. These products or services may have minimal quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to show as accurately as possible the colors and images of our products that are available at the store. We cannot promise that your computer monitor’s display of any color will be correct. We have the right, but are not bound, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exert this right on a case-by-case basis. We hold the right to limit the amount of any products or Services that we offer. All descriptions of products or product pricing can change at any time, without notice, at only our discretion. We reserve the right to discontinue any item at any time. Any offer for any product or Service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We have the right to reject any order you place with us. We may, by our own discretion, limit or cancel amounts purchased per person, per household, per order. These restrictions may include orders made by or under the same customer account, the same credit card, and/or orders that have the same billing and/or shipping address. In the event that we make a revision to or cancel an order, we may try to notify you by contacting the e-mail and/or billing address/phone number given at the time the order was created. We reserve the authority to limit or prohibit orders that, in our sole judgement, seem to be placed by dealers, resellers or distributors. You agree to provide current, whole and correct purchase and account information for all purchases made at our store. You agree to rapidly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can process your transaction and contact you if need be. For more information, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may give you access to third-party tools that we do not monitor or have any control or influence over. You acknowledge and agree that we give access to such tools “as is” and as “available” with no warranties, representations or conditions of any kind and with no endorsements. We are not liable whatsoever for issues relating to your use of optional third-party tools. Any use by you of optional tools provided through the site is completely at your own hazard and judgement and you should guarantee that you are aware of and accept the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be susceptible to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services accessible via our Service may include materials from third-parties. Third-party links on this site may lead you to third-party websites that are not associated with us. We are not accountable for researching or assessing the content or correctness and we do not guarantee and will not be held liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any issues related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please thoroughly review the third-party’s policies and practices and ensure that you comprehend them before you engage in any transaction. Complaints, claims, concerns, or questions related to third-party products should be taken up with the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSONS
If, at our solicitation, you send certain specific submissions (for example contest entries) or without solicitation from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without regulation, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no commitment (1) to maintain any comments in confidence; (2) to provide compensation for any comments; or (3) to reply to any comments. We may, but have no obligation to monitor, edit, or remove content that we find, by our own discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You concur that your comments will not defy any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also concur that your comments will not include libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way have an impact on the operation of the Service or any related website. You may not use a fake email address, impersonate someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are exclusively responsible for any comments you make and their veracity. We are not responsible and hold no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
At times, there may be information on our site or in the Service that contain typographical errors, inaccuracies or omissions that may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the authority to correct inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We commit no promise to update, amend or clarify information in the Service or any related website, including with no limits, pricing information, except as mandatory by law. No specified update or refresh date applied in the Service or on any related website, should be seen as indication that all information in the Service or on any related website has been revised or updated.
SECTION 12 – PROHIBITED USES
Along with other prohibitions as set forth in the Terms of Service, you are forbidden from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We hold the authority to cease your use of the Service or any related website for violations of forbidden uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not ensure, represent or warrant that your use of our service will be without interruptions, timely, secure and free of errors. We do not warrant that the results that may be acquired from the use of the service will be accurate or reliable. You agree that at times we may remove the service for undefined periods of time or cancel the service at any time, with no notice to you. You expressly agree that your use of, or failure to use the service is at your own risk. The service and all products and services made available to you via the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Miller Labs, LLC/Nutramint Smart Serum, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products obtained using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind brought on as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made accessible through the service, even if made aware of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitations of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent allowed by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Miller Labs, LLC/Nutramint Smart Serum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s costs made by any third-party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent allowed by applicable law, and the unenforceable portion shall be deemed to be cut from these Terms of Service, such judgement shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The burdens and culpabilities of the parties incurred prior to the severance date shall survive the termination of this agreement for all purposes. These Terms of Service are valid unless and until terminated by either you or us. You may terminate these Terms of Service at any time by advising us that you no longer wish to use our Services, or when you cease using our site. If in our own judgement you fail, or we believe that you have failed, to comply with any term or provision of these Terms of Service, we also may sever this agreement at any time with no notice and you will be held liable for all amounts due up to and including the date of termination; and/or subsequently may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not establish a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and rules your use of the service, overruling any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service. Any ambiguities in the perception of these Terms of Service shall not be held against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any other agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3162 Miller Park N. Garland, TX 75042.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most up to date version of The Terms of Service at any time at this page. We have the right at our own discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your obligation to check our website from time to time for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service establishes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@NutramintSmartSerum.com