These Wisconsin Supplements, LLC, d/b/a Heartland Nutrients (collectively, "Wisconsin Supplements," "We," "Us," or "Our") Terms and Conditions apply to all users of this Website, including, without limitation, users who contribute content, information and other materials or services on this Website and users who purchase products (“Products”) advertised on this Website. Your access and use of this Website will be subject to the version of the Terms and Condition posted on this Website at the time of use.
These Terms and Conditions are the entire agreement between you and Wisconsin Supplements with respect to this Website, the Products and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. We may, in our sole discretion, change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis without notice to you. It is your responsibility to check these Terms and Conditions on a time-to-time basis. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use this Website or purchase any product and, accordingly, you should not do so.
THESES TERMS AND CONDITIONS SET FORTH THE LEGAL BINDING TERMS AND CONDITIONS FOR YOUR USE OF WISCONSIN SUPPLEMENTS’ WEBSITE AND THE RELATED SERVICES AND PRODUCTS OFFERED AND ANY PURCHASES MADE BY YOU VIA THIS WEBSITE OR ANY OF OUR AFFILIATES. WISCONSIN SUPPLEMENTS GRANTS YOU LIMITED LICENSE TO ACCESS THIS WEBSITE IF AND ONLY IF YOU COMPLETELY AGREE TO THE FOLLOWING:
Unless otherwise noted, the Products and services on this Website are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, frame, link, rent, lease, loan, sell, license, or in any way exploit the content, Products, or services (“Services”) of this Website. You further agree to use this Website, its Products and Services, only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws.
Wisconsin Supplements does not authorize or permit the resale of our Products by unauthorized retailers, resellers, and/or distributors. Any account associated with a purchase order that we suspect is in connection with the illegal distribution of our Products, or any other activity that was not pre-approved in writing by an authorized officer of Wisconsin Supplements, may be subject to suspension or immediate termination, and restrained from any further access to this Website. Any open order associated with such an account will be cancelled and credited back to the original purchaser. Wisconsin Supplements reserves the right to pursue any unlawful retailer, resellers, or distributor for violations under applicable law including, but not limited to, The Lanham Act.
The availability of the Products and Services described herein on this Website, and the descriptions of such Products and Services, may vary based on location and timing.
You represent and warrant the following: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been suspended or removed from this Website; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Website; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or Order; and (v) that you have capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party.
If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website or Services (or any portion thereof).
Wisconsin Supplements welcomes comments, information, and submissions from our users. From time to time, you and other users of this Website may have an opportunity to post to this Website certain ideas, concepts, information, data, text, photographs, graphics, videos, music, sound, sound clips, messages, comments, comments on products, advertising and other promotional materials or events, facts, advice, tips, opinions and other material (collectively, "User Content"). You do not have to submit anything to us, but if you choose to submit any User Content to this Website, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction.
By submitting any User Content to us and/or our Website, you hereby do and shall grant each user of this Website a non-exclusive license to access your User Content through this Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We cannot guarantee that other users will not copy, modify, distribute or otherwise use any User Content that you share, and we are not responsible for any user's misuse or misappropriation of any User Content that you post on this Website. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, do not post it on this Website.
By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our affiliates the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferrable, assignable, sub-licensable right and license to use, copy, reduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform or display such User Content (in whole or in part), and to incorporate it in other works in/of any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. We and our affiliates also have the right but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content.
By submitting any User Content to us and/or our Website, you represent and warrant that you own or otherwise control any and all rights in and to the User Content and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
This Website and all of its contents including but not limited to articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, trademarks, tradenames, titles, characters, names, graphics and button icons, excluding User Content ( collectively, "Proprietary Material"), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Proprietary Material is owned or controlled by Wisconsin Supplements or by other parties that have provided rights thereto to Wisconsin Supplements.
Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed. Modification of the materials appearing on this Website or use of such materials for any purpose is a violation of our copyright and other proprietary rights.
If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our designated Copyright Agent to receive notifications of claimed infringement is:
c/o Wisconsin Supplements Legal Department
10880 Wilshire Blvd
Los Angeles CA 90024
or by email at email@example.com.
For clarity, only DMCA notices should go to the Copyright Agent listed above. Any feedback, comments, requests for technical support, questions about Products and/or Services, and other communications should be directed to our customer service department. You acknowledge that if you fail to comply with each of the notice requirements set forth above, your DMCA notice may not be valid.
After receiving a notification of infringement, we will process and investigate the claim and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to (i) any material claimed to be infringing or claimed to be the subject of infringing activity, and (ii) any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.
If User Content provided by you was removed (or to which access was disabled), and you believe such User Content is not infringing or that you otherwise have authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days after the Copyright Agent's receipt of the counter-notice, at our sole discretion.
Wisconsin Supplements offers a 90-Day Money Back warranty on all Products purchased directly through our Website. Your warranty comes into effect on the day your product is shipped from our fulfillment center. The warranty will expire 90-day after your shipped date. You will be responsible for any return shipping charges incurred. We require that all returns have a tracking number and Return Authorization Number. This information is critical in determining the delivery of your return. Please contact our Customer Service line for further assistance.
5 am - 7 pm PST MON - FRI
6 am - 4:30 pm PST SAT - SUN
YOU AGREE THAT YOUR USE OF THE WEBSITE, PRODUCTS, USER CONTENT, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THIS WEBSITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THIS WEBSITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THIS WEBSITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THIS WEBSITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU FURTHER AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. WISCONSIN SUPPLEMENTS IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS; SERVICE DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE). UNDER NO CIRCUMSTANCES WILL WISCONSIN SUPPLEMENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULTS FROM THE USE OF THE MATERIALS ON THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURE'S OR SUPPLIERS WARRANTY OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
YOU AGREE THAT WISCONSIN SUPPLEMENTS (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, WEBSITE INTERRUPTION, SUSPENSION OR TERMINATION, EVEN IF WISCONSIN SUPPLEMENTS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT, OTHER USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WISCONSIN SUPPLEMENTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THIS WEBSITE OR TO PRODUCTS OR SERVICES YOU PURCHASE THROUGH THIS WEBSITE SHALL BE SUBMITTED TO MANDATORY, CONFIDENTIAL ARBITRATION. THIS CLAUSE SHALL BE INTERPRETED BROADLY IN FAVOR OF ARBITRATION, AND ANY ISSUES OF ARBITRABILITY SHALL BE GOVERNED BY THE UNITED STATES ARBITRATION ACT. ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA EXCEPT THAT, TO THE EXTENT YOU HAVE VIOLATED OR THREATENED TO VIOLATE WISCONSIN SUPPLEMENTS’ INTELLECTUAL PROPERTY RIGHTS IN ANY MANNER, WISCONSIN SUPPLEMENTS MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, STATE OF CALIFORNIA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION BY A SINGLE ARBITRATOR APPOINTED BY THE AAA. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY BE AWARDED ITS REASONABLE ATTORNEYS’ FEES AND COSTS. WISCONSIN SUPPLEMENTS’ FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY OF THESE TERMS AND CONDITIONS.
We control and operate this Website from our offices in the State of California, United States of America. We welcome visitors from all parts of the world to visit this Website; however, all visitors acknowledge that this Website, and all activities available on and through this Website, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on this Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of this Website, resides in the courts of the County of Los Angeles, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute, including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, members, managers, telecommunication providers and content providers.
YOU FURTHER AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of Wisconsin Supplements to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
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