PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the Mental Strength, LLC entity named on the invoice (“Mental Strength, LLC”) that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Mental Strength, LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Mental Strength, LLC STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Mental Strength, LLC’s sole discretion.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Mental Strength, LLC.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Shopping. All e-commerce is brought to you by Mental Strength, LLC or an operational service provider and Affiliate under this Agreement. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
- Products may be purchased while supplies last. If a Product is listed at an incorrect quantity or price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
- Payment Terms. You acknowledge that Mental Strength, LLC reserves the right to charge for any portion of the Mental Strength, LLC Services and to change its fees (if any) from time to time at its discretion. If Mental Strength, LLC terminates your Account/Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any). If you purchase or use Mental Strength, LLC Credits, or make direct payments, you agree to our Payment Terms. Terms of payment are within Mental Strength, LLC’s sole discretion, and unless otherwise agreed to by Mental Strength, LLC, payment must be received by Mental Strength, LLC prior to Mental Strength, LLC’s acceptance of an order. Payment for the products will be made by credit card, money order, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Mental Strength, LLC. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. Mental Strength, LLC may invoice parts of an order separately. Orders are not binding upon Mental Strength, LLC until accepted by Mental Strength, LLC. Any quotations given by Mental Strength, LLC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. We reserve the right to refuse, cancel or seek the return any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products if applicable. If an order consists of multiple items, they may be shipped separately depending on availability.
- Shipping Charges; Taxes. If applicable, separate charges for shipping and handling will be shown on Mental Strength, LLC’s invoice(s). Unless Customer provides Mental Strength, LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Mental Strength, LLC’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Mental Strength, LLC’s franchise taxes and taxes on Mental Strength, LLC’s net income. If applicable, a separate charge for taxes will be shown on Mental Strength, LLC’s invoice.
- Products. Mental Strength, LLC’s policy is one of on-going product update and revision. Mental Strength, LLC may revise and discontinue products at any time. Mental Strength, LLC reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
- Return Policies. If you’re not satisfied that Mental Strength has benefited you, simply return the bottle(s) you ordered (empty, partially full or unopened) within 90 days of your purchase date. Upon receipt, Mental Strength, LLC will promptly refund your purchase price for the returned bottles, less shipping and handling costs.
- Title; Risk of Loss. Title to products passes from Mental Strength, LLC to Customer on shipment from Mental Strength, LLC’s facility. Loss or damage that occurs during shipping by a carrier selected by Mental Strength, LLC is Mental Strength, LLC’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
- Warranties, Disclaimers. THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) Mental Strength DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Contests, Promotions, Sweepstakes, Auctions. From time to time, we or our service providers, licensees, suppliers or Advertisers may conduct promotions on or through Mental Strength, LLC or Community Sites, including, but not limited to, auctions, contests or sweepstakes (“Promotions”). Each Promotion may have Additional Terms, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into this Agreement. It is your responsibility to read and abide by the Additional Terms.
- Deactivation/Termination of Your Account or Use. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Even after Account/Membership is terminated, this Agreement will remain in full effect.
- Limitation of Liability. Mental Strength IS NOT LIABLE FOR ANY REASON FOR ANY DAMAGES, MEDICAL EXPENSES, LOSS, SICKNESS, OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS PRODUCTS, SITES, INFORMATION, LINKS, RECOMMENDATIONS, REPRESENTATIVES ADVICE OR SUGGESTIONS. Mental Strength, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, MEDICAL BILLS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY… USE OF (OR INABILITY TO USE) THE SITES, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING… DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”). FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
- Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Mental Strength, LLC, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Mental Strength, LLC”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Mental Strength, LLC’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at Arb-Forum or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Mental Strength, LLC. The arbitration shall be held in Palm Beach County, Florida at the office of Mental Strength, LLC, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
- Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Mental Strength, LLC has separate terms and conditions governing resales.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Wireless Marketing Services & Promotional Opportunities. Mental Strength, LLC may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless Devices. Users are required to provide their consent to receive such information, either by registering on this Site or via their wireless Device. Such services and promotional opportunities are provided by the Parent Companies or Affiliates for Mental Strength, LLC.
- Software License. By this Agreement, Mental Strength, LLC grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Mental Strength, LLC and/or its Licensors. Mental Strength, LLC has no obligation to update or modify any of the foregoing.
- Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
- Copyright, Licenses, Use Restrictions and Idea Submissions. The copyright in all material provided on this Site is held by Mental Strength, LLC or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Mental Strength, LLC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Mental Strength, LLC’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Mental Strength, LLC respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Mental Strength, LLC has implemented procedures for receiving written notification of claimed copyright, patent, and trademark infringements and for processing such claims in accordance with the Act. To file a copyright, patent, or trademark infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyright, patent, or trademark work claimed to have been infringed, or, if multiple copyright, patent, and trademark works at a single online site are covered by a single notification, a representative list of such works at that site. 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. Providing URLs in the body of your notice is the best way to help us locate content quickly. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright, patent, and trademark owner, your agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
- Mental Strength
- Attn: Copyright Administrator
Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You agree to grant to Mental Strength, LLC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Mental Strength, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
- Review. Mental Strength, LLC DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, Mental Strength, LLC RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO Mental Strength, LLC. AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
- Indemnification. You agree to indemnify, defend and hold harmless Mental Strength, LLC, its members, officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
- Third Party Rights. The provisions of paragraph 5 (Indemnification) are for the benefit of Mental Strength, LLC and its members, officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Hyper Links to Third Party Sites. We and the Parent Companies are not responsible for links to third-party sites (“Outside Sites”) that are made available, or that you use, on or in connection with Mental Strength, LLC or Community Sites. We do not verify, endorse or have any responsibility for Outside Sites, their business or privacy practices, or any associated goods or services. If an Outside Site obtains or collects Personal Information from you, we are not responsible. Therefore, always use your own best judgment when dealing with an Outside Site.
- Term; Termination. This Agreement shall commence upon you accessing the Service and/or completing the registration process. This Agreement may be terminated by Mental Strength, LLC without notice at any time for any reason and may be terminated by you upon notice to Mental Strength, LLC at any time for any reason. The provisions of paragraphs 3 (Copyright, License, Use Restrictions and Idea Submission), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
- Registration & Eligibility. Use of the Mental Strength, LLC Services and registration to be a Member for the Mental Strength, LLC Services (“Membership”) is void where prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. By using the Mental Strength, LLC Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Mental Strength, LLC Services does not violate any applicable law or regulation. ALL VISITORS UNDER THE AGE OF 18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN AT ALL TIMES.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between Mental Strength, LLC and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Palm Beach County, Florida. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Mental Strength, LLC’s failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. Mental Strength, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
- Your Guarantees. You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are under 18 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement; and (d) your activities are lawful in any jurisdiction where you use Mental Strength, LLC.
- Certain Products & Services. RSS Feeds and Podcasts The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Mental Strength, LLC or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section 11.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, Mental Strength, LLC, the Parent Companies and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment.
If Mental Strength, LLC offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will Mental Strength, LLC, the Parent Companies or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.
- Acceptance. By ordering any product from Mental Strength, LLC, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained below.
The following (“Contract Terms”) are terms of a legal agreement between you and Mental Strength, LLC. By accessing, browsing and/or using MentalStrength.com (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Mental Strength, LLC from its offices within the United States. Mental Strength, LLC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida.
Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, changing or undertaking a new diet, exercise program or supplementation program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
Mental Strength, LLC does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Mental Strength, LLC makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.
The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
The information is compiled from a variety of sources (“Information Providers”). Neither Mental Strength, LLC, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Mental Strength, LLC or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Mental Strength, LLC or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Mental Strength, LLC or Information Provider has been advised of the possibility of such damages.
Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Mental Strength, LLC and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. Mental Strength, LLC and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Mental Strength, LLC is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.
The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of Mental Strength, LLC products on your health.
The Service is an online information and communications service provided by Mental Strength, LLC, subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service (“Information”) and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. Mental Strength, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Mental Strength, LLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in Mental Strength, LLC’s account information. You may give notice to Mental Strength, LLC at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
- Mental Strength
The dietary and other substances discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. The information on this site is not meant to cover all possible uses, precautions, interactions or adverse effects. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease, condition, or illness. In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on the Mental Strength web site is accessible to anyone throughout the world, Mental Strength does not give legal or medical advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases of products and/or services on the Mental Strength Web site. The policy opinions expressed on this site, and on sites to which it may link, are not necessarily the views of the Mental Strength and are not adopted for commercial purposes.
- ► Recommendations and protocols for nutritional support are not intended as a substitute for appropriate medical care.
- ► The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
- ► If you have a medical condition or disease, please talk to your doctor prior to using the recommendations given.
- ► Do not self-diagnose. Proper medical care is critical to good health. If you have a health concern or undiagnosed sign or symptom, please consult a physician, or a health care specialist ASAP.
- ► Never delay or disregard seeking professional medical advice from your doctor or other qualified healthcare provider because of something you have seen or read on this site.
- ► Product Ratings by previous or current customers are not intended as a substitute for appropriate medical care or advice. Please talk to your doctor prior to using the recommendations given.
- ► Make your physician aware of all the nutritional supplements or herbal products you are currently taking to avoid any negative interactions with any drugs you are taking.
- ► Mental Strength, its affiliates, associates, employees, suppliers, etc. will not be held responsible for any negative effects caused by or associated with the use of our products.
- ► You should always speak with your doctor or health care professional before you start, stop, or change any prescribed part of your health care plan or treatment and to determine what course of therapy is right for you.
- ► If you are currently taking a prescription medication, you absolutely must work with your doctor before discontinuing any drug or altering any drug regimen.