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Irwin Naturals Terms of Use

 

These Terms of Use ("Terms") are between Irwin Naturals and "You", the person using Irwin Naturals™ products, materials, web site and Customer Service Department ("Services"). By using the Services you accept the Terms. Irwin Naturals may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page at http://irwinnaturals.com/terms-of-use to review the then current Terms of Use. The term "Affiliates” as used in this Terms of Use Policy refers to related companies or brands.

Terms of Purchase

At the time of purchase, you may have been offered discounts based on the total purchase price for the Service. The Fee for the Service (which includes applicable sales tax) was stated to you at the time of purchase. The Fee is charged on the shipping date and is charged to the credit card you provide at the time of purchase.

If you use a credit card, you may be subject to a preauthorization at the time you place your order. The preauthorization is not a charge to the credit card. However, the then applicable Services may be reserved against your available credit card limit, including taxes, if any. Contact your credit card issuing financial institution for details.

Modification of Service

Irwin Naturals reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Irwin Naturals shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Privacy Policy

Your name, address, telephone number, email address and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://irwinnaturals.com/privacy-policy . You may also click the Privacy link on the bottom of this page.

Limitations

The Services are limited to individuals 18 years and older. Your order is solely for personal use and not for re-distribution. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Services or any portion thereof. Irwin Naturals will not be liable for any loss or damage arising from such activities, and Irwin Naturals reserves the right to terminate access to the Services, with or without notice.

Use of Information and Ideas Submitted

You hereby acknowledge and agree that Irwin Naturals is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Irwin Naturals or any communication you may have with an Irwin Naturals representative (the "Ideas"), and Irwin Naturals shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Irwin Naturals for commercial purposes, including but not limited to use by Irwin Naturals for developing, manufacturing and marketing products and creating, modifying or improving Irwin Naturals™ products or other products, services or websites affiliated with Irwin Naturals. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce and/or modify the Ideas.

Disclaimer of Warranties

You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Irwin Naturals expressly disclaims 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.

Irwin Naturals makes no warranty that (i) the Services will meet your requirements, (ii) the results that may be obtained from the use of the Services by other Customers will be accurate or reliable, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

No advice or information, whether oral or written, obtained by you from Irwin Naturals or through the Services shall create any warranty not expressly stated in the Terms of Use.

Limitation of Liability

Irwin Naturals is not liable for ANY damages of ANY kind that result from use of the Services. This applies to alleged liability on ANY basis, even if Irwin Naturals has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions Irwin Naturals’ liability, if any, shall be limited to the extent permitted by law.

Indemnification

Upon a request by Irwin Naturals you agree to defend, indemnify, and hold harmless Irwin Naturals and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys’ fees that arise from your use or misuse of this site. Irwin Naturals reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Irwin Naturals in asserting any available defenses.

Copyright

All content included on this site, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Irwin Naturals and is protected by United States and international copyright laws.

Trademarks

Irwin Naturals™ and other marks indicated on our site are registered trademarks of Irwin Naturals or its licensors, affiliates and/or subsidiaries, in the United States and other countries. Irwin Naturals™ and other Irwin Naturals graphics, logos, page headers, button icons, scripts, and service names are trademarks of Irwin Naturals trademarks and may not be used in connection with any product or service that is not Irwin Naturals™ in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Irwin Naturals™. All other trademarks not owned by Irwin Naturals, or its licensors, affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Irwin Naturals.

Choice of Law and Forum

These Terms are governed by laws and regulations of the State of California. Any action to enforce or interpret them shall be brought and maintained exclusively in the Superior Court of the State of California in Los Angeles or the U.S. District Court for the Central District of California in Los Angeles. The parties irrevocably submit to the jurisdiction of said courts and waive all objections thereto.

Severability and Integration

Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and Irwin Naturals and its Affiliates with respect to this site and the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Irwin Naturals with respect to the Services. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Contact Us

If you have any concerns about the Website or these Terms, please send us an email at the email address given on this Site. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Contact us at Questions@irwinnaturals.com.

Notice of Change

Irwin Naturals may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.