Mercola.com Terms and Conditions
Please read these Terms and Conditions carefully before using the website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this website or by ordering any product from Mercola.com, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.
All products, product information, and content on this website are subject to change at any time without notice. Mercola.com makes all reasonable efforts to accurately display the product information, including colors, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on the website may not exactly reflect the product you receive as a result of design revisions and color variations.
Mercola.com attempts to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date.
Mercola.com makes no representation as to how complete, accurate, or current any information is on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.
Mercola.com may make changes to its Website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Mercola.com. Mercola.com does not endorse those sites and is not responsible for the content of such other sites. Please read our policy governing such Third Party Links.
Use of Website:
The entire contents of this Site are copyrighted under United States law. Individual articles on the Site may be copied in full, without specific permission, for not-for-profit purposes, provided that your copy of the article includes full copyright and contact information, along with the promotional graphic and link located on this page: http://www.mercola.com/Citations/index.htm. If possible, it would be appreciated if the article included an endorsement and encouragement to subscribe to the newsletter.
All other Materials, except for individual articles, from this Website may not be copied, distributed or transmitted in any way without prior written consent of Mercola.com. The design of this Website and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from Mercola.com. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
All material on this Site is provided for lawful purposes only. You agree not to use the material on this Site for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. 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 Website. Mercola.com will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Website, Website content and material, and obligates you to immediately destroy any copies of the Website content in your possession.
Notice for Claims of Intellectual Property Violations and Agent for Notice:
Mercola.com respects the intellectual property of others, and we ask our users to do the same. Mercola.com abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at Mercola.com's sole discretion, that response may include removing, disabling and/or terminating access to material residing on the Website that is claimed to be infringing, in which case Mercola.com will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
If you believe that your work has been copied in the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Mercola.com's Copyright Agent with the following information:
Reasonably sufficient details to enable us to identify the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
Your contact information so that we can contact you (including your name, address, telephone number, and email address);
A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
If the material that you have posted to the Website has been taken down in response to a claim of copyright or other intellectual property infringement, you may send Mercola.com's Copyright Agent a counter-notification containing the following details:
Reasonably sufficient details to enable us to identify the material that has been removed to which access has been disabled, together with the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your contact information so that we can contact you (including your name, address, telephone number, and email address);
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, in any judicial district in which Mercola.com may be found, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
Your physical or electronic signature.
Mercola.com's Copyright Agent can be reached as follows:
3200 W. Higgins Road
Hoffman Estates, IL 60169
Telephone: 847-252-4355 Ext 3103
Fax phone: 847-985-0947
Attachments cannot be accepted. Accordingly, any notification of infringement or counter-notification submitted electronically with an attachment will not be received or processed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. These notice requirements are intended to comply with Mercola.com's rights and obligations under the DMCA and, in particular, 17 U.S.C. § 512(c), and do not constitute or act as a substitute for legal advice.
Mercola.com reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that Mercola.com shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
The information contained in the Website 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 the Mercola.com Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Mercola.com) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.
SMS Terms and Conditions
The following terms and conditions pertain to SMS text message promotions from Mercola.com. By signing up for text messages you consent to receive recurring automated marketing SMS text messages from Mercola.com to the mobile number provided. Consent is not required to purchase goods or services. Message and data rates may apply. Message frequency will vary. For help, text HELP to 88088. To cancel SMS messages, reply STOP to 88088.
Ordering and Payment:
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 Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
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. Note that you are not able to order any products for resale purposes unless you are a wholesale customer. 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.
By placing an order, you authorize Mercola.com to charge the credit card / debit card you provided for your order. If your credit card is declined at the time you place your order, your order will not be accepted and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) Mercola.com reserves the right to pursue any/all collection efforts allowed under the law.
For orders paid by check or echeck, if there is an overage amount (check amount is greater than the order's total), Mercola.com will apply the overage amount as store credit to the customer's account once the order has been shipped. If the amount of the overpayment is $5.00 or greater, and the customer makes a written request to Mercola.com for reimbursement of the overpayment, Mercola.com will issue a refund check in lieu of a store credit to the customer. If your check payment has "bounced" or been declined by our Bank, you are liable for paying the Bank's "Bounce Fee", along with your order total before your order will be fulfilled.
If there is an underage amount for any order paid by check (check amount is less than the order's total), Mercola.com has the right to use your store credit to pay for the underage amount, refuse your payment, or ask you to submit an additional payment for the underage amount. If Mercola.com has not received complete payment within two weeks of your order date, your order will be cancelled and payment voided.
All check orders will be placed on-hold until Mercola.com receives full payment and the payment has cleared Mercola.com's bank. Once Mercola.com receives confirmation from the bank that your payment has cleared, your order will be fulfilled.
By subscribing to a Mercola.com newsletter or after making a purchase, you are automatically enrolled in Mercola Healthy Rewards. It is free to enroll.
To be eligible, you must be over 18 and have an active email address. Wholesale members are excluded from the program.
You may earn up to 199 points by subscribing to newsletters, setting up a Mercola.com account, and sharing products and articles with your friends and family.
MyMercola members earn points at the rate of 1 point per $1 spent on qualifying purchases.
You can become a PremierPlus member by spending over $1,000 in purchases in a 365-day period. Returns or refunds will cause your yearly total to decrease by the amount of the return or refund.
PremierPlus members earn points at the rate of 2 points per $1 spent on qualifying purchases.
Points are only earned on the subtotal, not shipping or any applicable taxes.
Points may be earned when purchasing a gift card, but not upon use of a gift card.
Both PremierPlus members and MyMercola members receive their Healthy Rewards points when their order has shipped.
Returning products will reduce your yearly total by the amount of the returned products. Any points earned from those products will also be deducted from the points accumulated.
In addition, please note that reward coupons aren't refundable if you return any item on an order, or an entire order.
You will receive a $10 reward coupon for every 200 points you earn. Reward coupons may only be redeemed when the purchase value exceeds the amount of the coupon value. Any leftover value will not be received should the reward coupon exceed the value of the purchase. Reward coupons may only be used once.
Reward coupons are non-transferable and may only be used by the person they are issued to.
Both PremierPlus members and MyMercola members will receive their Healthy Rewards coupons in their account when their order has shipped, and they are immediately redeemable. Rewards coupons expire after forty-five (45) days of receipt for MyMercola members and ninety (90) days of receipt for PremierPlus members.
Reward coupons have no cash value.
Reward coupons may not be used to purchase gift cards.
Points will not be earned upon use of a rewards coupon.
Exceptions and Exclusions:
Mercola.com reserves the right to exclude or ban any customers who abuse the Healthy Rewards Program or otherwise harm the reputation of the company.
You may view your membership activity and available reward coupons by visiting your Healthy Rewards Account Page.
By enrolling in Mercola.com's Autoship Program, you are abiding by the following Autoship Terms and Conditions:
You must have a Mercola.com account, a valid email address, and a credit card and/or debit card to participate in Mercola.com's Autoship Program.
By placing an Autoship order, whether via Mercola.com, placing a telephone order through a Mercola Customer Service Representative, fax, mail, or otherwise, you are bound by these Mercola.com Autoship Terms and Conditions.
Autoship Order Placement:
By placing an Autoship order, you authorize Mercola.com to automatically place and ship an order for your selected Autoship item(s), on a scheduled date determined by your order frequency selection on your initial Autoship order.
Autoship Order Final Order Amount:
Your Autoship order's final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include:
Sales tax, if applicable, will be applied to each Autoship order.
Customs fees, if applicable, will be applied to each Autoship order shipped to Canada. Shipments to Canada are duty free, so there are no duty fees.
Shipping cost will be applied based on the shipping method you selected on your initial Autoship order, e.g.: if you selected 2nd-day shipping on your original order, this shipping method will be used for all subsequent Autoship orders. Your actual shipping cost will be the current rate, for your shipping method. If you want to change your Autoship order's shipping method, you can go to your "My Account" section and click "Autoship Management" to select a different shipping method.
Autoship Order Payment:
By placing an Autoship order, you authorize Mercola.com to charge the credit card you provided for subsequent Autoship orders until you cancel your Autoship order. Unless modified by you, the credit card you used to set up the initial Autoship order will be charged for subsequent orders. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.
If your credit card is declined at the time of Autoship order placement, your order will not be placed; you will be notified that your Autoship payment has failed and you will need to update your credit card information. Once your payment information is corrected, your Autoship order will be processed. To update your credit card information, you can go to your "My Account" section and click "Autoship Management" to update your credit card information.
Credit Card and Debit Card payment will be the only valid payment types accepted for Autoship order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.
The items in an Autoship subscription are based on a customer's current customer class price. This means that item prices are not locked in.
Autoship Order Notifications:
An Autoship order confirmation email and a shipment confirmation email will be sent after each Autoship order is processed and shipped. Once an Autoship order is scheduled, no emails will be sent before subsequent Autoship order shipments are processed.
At the time of ordering, any backordered item(s) on your Autoship order will be indicated on your order confirmation.
Autoship Order Backordered Items:
Any backordered Autoship order item(s) will be shipped as soon as they become available.
A backordered item will not affect the Autoship order schedule for the backordered item. Subsequent Autoship orders of that item will continue to be shipped according to the schedule you specified when you set up your initial Autoship order. 30, 45, 60, 90, 120, or 180 day intervals will run from the date you set up the initial Autoship order, not from the date that an item was last shipped.
Manufacture Container Size Changes on Autoship Orders
Sometimes a manufacturer will modify the container size (for example, a manufacturer could increase the quantity from 30 to 60 capsules). In this case, your Autoship order's quantity and possibly ordered item(s) will be automatically adjusted to retain the original order quantity. This new adjustment will continue unless you choose to cancel them.
Product Formula Changes on Autoship Orders
Mercola.com is committed to providing the best quality and innovation. Our team is continually monitoring our product's effectiveness; updates to the formula are made in the name of quality and improvement for what we believe is in the best interest of our customer. This may result in the manufacturer adjusting its formula (for example, a manufacturer could change the percentage of a product's active ingredient from 5% to 7%). Each formula change could be different and Mercola.com will take the following actions depending on the percentage change of active ingredients:
For formula modifications, your order will be automatically updated by replacing the existing item with the new formula item. You will NOT be notified separately of this formula change before subsequent Autoship orders are processed and shipped. This new formula product will continue on subsequent Autoship orders unless you choose to remove this item from your Autoship order.
Cancellation of Autoship Orders:
You may cancel your Autoship subscription by going to the My Account section and clicking on the Autoship Management page. Or you can call Customer Service at (877) 985-2695 (U.S.) or (847) 252-4355 (International). You may modify or cancel your Autoship order at any time before the subsequent order is processed.
Canceling an Autoship order will stop all future shipments of that order.
Canceling an Autoship item will stop all future shipments of that item.
To resume your Autoship order after you cancelled it, you will need to create a new Autoship order.
Changing of Your Autoship Order:
Modifying subsequent Autoship orders is easy. Simply log in to your account and click "Autoship Management" to update your Autoship order. You can modify the following on your Autoship order(s):
Update payment information
Update billing / shipping addresses
Change the order frequency of an item
Remove items from you Autoship order
Acceptance of Autoship Terms and Conditions:
By placing an Autoship order, whether online at Mercola.com, by placing a telephone order through a Mercola Customer Service Representative, facsimile, by mail, or otherwise, you are agreeing to be bound by these Mercola.com Autoship Terms and Conditions, as well as Mercola.com's general Terms and Conditions.
We're sorry; but International and Wholesale accounts are not eligible for Autoship at this time.
Mercola.com reserves the right to update or revise these Autoship Terms and Conditions at any time. If Mercola.com makes material changes to these Autoship Terms and Conditions, we will provide you notice on the website for 30 days. If you do not accept these Terms and Conditions or any changes proposed by Mercola.com, your only remedy is to cancel your Autoship order(s).
Mercola.com reserves the right to modify or terminate this program at any time without prior notice.
Electronic Gift Cards:
Mercola.com Gift Cards must be redeemed toward the purchase of eligible products on www.mercola.com. Upon redemption, gift card balance will be transferred to the users store credit account. Purchases are deducted from the Mercola.com store credit account. Any unused balance on the store credit account after a purchase will remain there. If an order exceeds the amount of the Mercola.com store credit, the balance must be paid with a credit card or other available payment method. Mercola.com may provide Gift Card purchasers with information about the redemption status of Mercola.com Gift Cards that they purchase. To view Mercola.com Gift Card balances, visit the Gift Certificate section under "My Account" on Mercola.com.
Mercola.com gift cards may be used for purchases on Mercola.com. Mercola.com Gift Cards cannot be used to purchase other gift cards. All gift card sales are final. Once purchased, Mercola.com gift cards cannot be returned or refunded. Mercola.com Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Mercola.com store credit in a Mercola.com account may not be transferred. Items purchased using store credit from a Mercola.com Gift Card, if returned, will be refunded in the form of store credit only.
Risk of Loss.
The risk of loss and title for Mercola.com Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. Mercola.com is not responsible if a Mercola.com Gift Card is lost, stolen, destroyed or used without your permission.
Mercola.com will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Mercola.com Gift Card is redeemed and/or used to make purchases on Mercola.com or any of its affiliated websites set forth above.
Limitation of Liability.
MERCOLA.COM AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MERCOLA.COM GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A MERCOLA.COM GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MERCOLA.COM GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to Mercola.com Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Cook County, Illinois, and you consent to exclusive jurisdiction and venue in such courts.
Mercola.com Gift Cards are issued by Mercola.com Health Resources, an Illinois corporation. When you purchase, receive or redeem a Mercola.com Gift Card, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Mercola.com Gift Card terms and conditions. Mercola.com reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law. Please allow 24-48 hours for Mercola.com Electronic Gift Card processing after placing an order online.
You must use the promotional value of the Groupon in a single transaction. Any remaining balance will be forfeited. The Groupon cannot be applied toward shipping or sales tax. You cannot use more than 1 Groupon in a single transaction.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Domestic Use/Export Restriction:
Mercola.com controls the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the website) is appropriate or available for use in other locations. Users who access the Website 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 products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.
We require a minimum purchase of $1,000.00 per calendar year. Wholesale accounts that do not achieve this minimum will be made inactive.
We reserve the right to approve and remove any wholesale account for any reason without advance notice.
Retailers are not allowed to sell Dr. Mercola Premium Products on third party merchants such as Amazon, Ebay and Walmart. Wholesalers who do not comply with this agreement will have their account terminated. We have one authorized Amazon Account-Advantage Nutrition.
Wholesalers will not be able to use Pay Per Click (PPC) advertising to advertise products bought from Mercola.com at wholesale prices. PPC is an Internet advertising model, where advertisers pay their host only when their ad is clicked. Any wholesaler found in non-compliance will have their account terminated.
Any images of Dr. Mercola or Mercola.com must be approved by the Wholesale Department prior to use. If a wholesaler is using an unauthorized image or using Mercola.com's images without permission, the wholesale account will be made inactive.
We accept MasterCard, Visa, American Express, Discover, checks, and money orders. If ordering with a credit card, wholesalers will be required to supply the 3-digit security code on the back of their credit card or 4-digit security codes on the front of the card.
If approved for terms, you will be given a credit limit which cannot be exceeded. Payment is expected within the approved time frame.
Checks or Money Orders should be made out to Mercola.com Health Resources LLC.
Please send payments to the following address:
Attention: Accounting Department
3200 W. Higgins Rd. Hoffman Estates, Illinois 60169
Checks may require up to 14 days for the check to clear. Once the check has cleared, products will be shipped.
Returns and Refunds:
In most cases, wholesale items are not refundable except for manufacturer's defect. Wholesalers should have their own return policy as Mercola.com is not responsible for the wholesale customer's returns for any reason other than manufacturer's defect. Do not have customers contact Mercola.com directly. In some cases, Mercola.com will accept returns within 30 days from the wholesaler.
Call (847) 252-4353 for all wholesale return inquiries. Merchandise must be unopened and in saleable condition. The wholesaler is responsible for shipping and handling fees of original purchase if not defective as well as return shipping. Items returned for any reason other than Mercola.com's error or manufacturer's defect will be charged a 20% restocking fee.
In cases of damage or manufacturer's defect to the product, please send photos to firstname.lastname@example.org for review. Do not return any damaged or defective item without return instructions or authorization. Mercola.com will inspect the photos and handle returns and refunds accordingly.
Once an order is placed, additional products cannot be added to the order. Once it is processed, an order cannot be cancelled. If an order is cancelled after the items have been shipped out, the wholesaler will be responsible for shipping the products to Mercola.com for a refund.
All United States orders are shipped by UPS Ground unless faster shipping is requested. All P.O. box addresses within the United States will be shipped by USPS. International orders can be shipped by DHL. Mercola.com is not responsible for delayed time due to customs or customs fees and charges. Please contact your local postal office or Customs Office regarding their regulations BEFORE an order is placed. We are a United States company and all orders are shipped from the USA. Any orders returned to Mercola.com will be refunded minus the shipping and handling fees as well as any other fees associated with the return. Wholesale orders are subject to the same shipping policies as other orders. See Mercola.com shipping policies here: http://products.mercola.com/faq/shipping.htm
Submission of Information and/or Materials:
Other than personally identifiable information, any information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Mercola.com through this Website will be considered non-confidential / non-proprietary and will become exclusive property of Mercola.com.
You acknowledge the originality of any submission communicated to Mercola.com and accept responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You are responsible for your own communications and are responsible for any consequences resulting from these communications.
Mercola.com is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. We may, but are not obligated to, monitor or review any User Communications. Mercola.com will have no obligation to use, return, review, or respond to any information we receive from you. 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. Mercola.com retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable and may terminate your account or your use of this Website.
Linking to this Website:
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.
Third Party Links:
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Mercola.com or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that Mercola.com is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or 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 Website, you do so entirely at your own risk.
Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and Mercola.com shall have no liability or responsibility theretofore.
You agree to indemnify and hold Mercola.com and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Disclaimer of Warranties:
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
MERCOLA.COM AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MERCOLA.COM AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MERCOLA.COM OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER MERCOLA.COM NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. 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. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You agree that Mercola.com and its affiliates 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 Mercola.com 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 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. Mercola.com 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 Mercola.com 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.
Revisions to these Terms and Conditions:
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.
Enforcement of Terms and Conditions/Jurisdiction:
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the Mercola.com Website, our Website Terms and Conditions, and the relationship between you and Mercola.com shall be governed by the laws of the United States and the State of Illinois without regard to its conflict of law provisions. You and Mercola.com agree to submit to the personal and exclusive jurisdiction of the courts located within the geographic area encompassed within the United States District Court for the Northern District of Illinois, Eastern Division.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OUR TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You or we may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. You may terminate this agreement by destroying all materials obtained from the Mercola.com Website. 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 website at any time without notice.
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind Mercola.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Mercola.com may transfer, assign or delegate the Terms and Conditions Use and its rights and obligations without consent. The Terms and Conditions are not assignable, transferable or sublicensable by you except with Mercola.com's prior written consent.
Your use of this Website or by ordering any product from Mercola.com, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at:
Mercola.com, Marketing Department
3200 West Higgins Road, Hoffman Estates, IL 60169