Terms and Conditions
Please read carefully the following Terms and Conditions of Use before using this website.
By using this website or purchasing products from FXB Nutrition, you (hereinafter “Customer,” “Health-Care Practitioner,” “you,” “your”) agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.
FXB Nutrition reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly.
Terms of Sale
- FXB Nutrition reserves the right to revise the pricing of its nutritional supplement products at any time and without advance notice.
- FXB Nutrition’s nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
- If a FXB Nutrition product is received in damaged condition, then it should be reported promptly to the Customer Service Department.
- If a discrepancy exists between the quantity or items ordered and the quantity or items received, then FXB Nutrition should be notified within seven business days of receipt of the shipment.
- If a Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Customer error, then the Customer can be assessed a restocking fee and the shipping charges.
- Product returns should be pre-approved by FXB Nutrition and received within 14 business days of authorization of the return. Please call FXB Nutrition’s Customer Service Department and speak with the Returns Agent for information about returning product.
- A Return Authorization is required for a product return. The Return Authorization form should be visible on the outside of the shipping box or on the mailing label. FXB Nutrition can refuse to accept a returned product if the Return Authorization form is not visible.
- FXB Nutrition must receive a returned product before a credit for the returned product can be issued.
- There is a processing fee on returned products. The Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
- These Terms of Sale can be revised at any time should it be determined that it is in the best interests of FXB Nutrition to do so.
Publicly Advertised Internet Sales
- FXB Nutrition has always acknowledged the merits of online commerce for our health-care practitioner-customers and their patients.
- FXB Nutrition has established a Minimum Advertised Price (MAP) policy to protect its brand, reputation and image.
- Furthermore, we have always strived to ensure appropriate communication, medical education, and patient care standards for online resellers.
Use of FXB Nutrition Trademarks Online
Images and likenesses of FXB Nutrition’s trademarks and trade dress (including pictures of bottles bearing FXB Nutrition labeling) and copyrighted product descriptions can be downloaded from FXB Nutrition websites by Customers who have opened a FXB Nutrition account.
A Customer does not have the right to affix any FXB Nutrition trademark to any product or other material that is not a FXB Nutrition nutritional supplement product.
A Customer agrees to use the trademark symbols “™” or “®” as appropriate, when displaying FXB Nutrition’s trademarked names or products, as an attribution of FXB Nutrition’s ownership of its trademarks. The use of a FXB Nutrition trademark does not give a Customer any ownership right, title, or interest, express or implied, in the trademark.
A Customer’s use of FXB Nutrition’s trademarks should be accompanied by a statement that substantially states the following: “FXB Nutrition trademarks are used with permission.”
A Customer should not use FXB Nutrition’s trademarks except in the form, context, and location that is acceptable to FXB Nutrition. FXB Nutrition will periodically review Customer websites and reserves the right to demand that a Customer make changes to its website regarding the use of intellectual property owned or controlled by FXB Nutrition, even if FXB Nutrition has previously approved or accepted the Customer’s website or the material displayed thereon.
A Customer must not use any FXB Nutrition product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.
To protect Customers and FXB Nutrition from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, FXB Nutrition products cannot be displayed or mentioned within two clicks of any disease claim.
FXB Nutrition will periodically review a Customer’s website and reserves the right to demand a Customer make changes to its website regarding any disease claim regarding a FXB Nutrition product, even if FXB Nutrition has previously approved or accepted the Customer’s website or the material displayed thereon.
FXB Nutrition reserves the right to demand a Customer make changes to its website to the extent a Customer is making statements about FXB Nutrition products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
FXB Nutrition Logo
The FXB Nutrition logo can only be used in the form supplied by FXB Nutrition for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by FXB Nutrition. The FXB Nutrition logo may be accompanied by a statement indicating “I (We) proudly offer [insert FXB Nutrition logo] products.” No other statements may be affiliated with use of the FXB Nutrition logo.
Violations of Policy
A Customer who violates FXB Nutrition’s Internet policy will receive a written notice from FXB Nutrition that the Customer is in violation of the policy. If the Customer does not come into compliance with the policy, then the Customer will no longer be able to purchase FXB Nutrition products.
A Customer who corrects their website to bring it into compliance with this policy should promptly notify FXB Nutrition. FXB Nutrition will review the website and if FXB Nutrition determines the website is in compliance with this policy, then the Customer’s account will be reactivated.
FXB Nutrition has adopted a zero-tolerance approach to this policy. Customers acknowledge that upon any subsequent breach of any provision of this policy, FXB Nutrition may terminate the Customer’s account without notice.
FXB Nutrition may, in its sole discretion, revise its Internet policy at any time. Any failure or delay by FXB Nutrition in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent FXB Nutrition from enforcing the provision at a later date.
Copyright / Trademarks
Except where otherwise indicated, all materials presented on FXB Nutrition’s website are the copyrighted property of FXB Nutrition, Inc.
The FXB Nutrition logo and the names of various products offered by FXB Nutrition are trademarks of FXB Nutrition, Inc.
Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.
Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of FXB Nutrition, on any other website, in the source code of any other website, or in any other printed or electronic materials.
Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website’s content, or frame this website within any other website, without the prior written permission from FXB Nutrition.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from FXB Nutrition, is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from FXB Nutrition.
The information and descriptions presented on FXB Nutrition websites are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.
Personal Security Code Registrations
Some portions of some FXB Nutrition websites are restricted and require a user identification code (“User ID”) and a personal security code (“Password”) for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.
In accessing portions of FXB Nutrition websites requiring a User ID and Password, you agree that FXB Nutrition is entitled to act on instructions received under your User ID and Password and that FXB Nutrition is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of FXB Nutrition.
You must keep your User ID and Password confidential and you should notify FXB Nutrition promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of FXB Nutrition’s websites has occurred or may occur. FXB Nutrition may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.
Disclaimer Of Warranties
The content and materials on FXB Nutrition websites are provided “as is” and without representations or warranties of any kind, either express or implied. FXB Nutrition expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FXB Nutrition does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that FXB Nutrition’s websites, its servers, or any e-mail sent from FXB Nutrition are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
FXB Nutrition is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of FXB Nutrition, the unauthorized access to or alteration of your transmissions or data, even if FXB Nutrition has been advised of the possibility of such damages. Because some States do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.
Jurisdiction / Enforceability
Use of FXB Nutrition websites is governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any dispute concerning a FXB Nutrition website is subject to the venue of a court of competent jurisdiction in Los Angeles County, California.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.