General
The site (the "Site") is managed and owned by Metamorphx ("COMPANY" "we" or "us"). When you visit the Site you consent to being legally bound by the Terms and Conditions of Use. You agree to utilize the Site in accordance the terms of these terms of service and our Privacy Policy Our Shipping Policy and Refund Policy and any other terms and conditions applicable to certain sections of the Site, or to the products or services that are available via the Site or through COMPANY. Utilizing the Site regardless of how, automated or not, is a condition of usage of the Site as well as your consent to be bound to these Terms of Service.
We are entitled to modify this Terms of Service, or to impose new terms and conditions on access to the Site from time date, at which point we will announce the new Conditions of Use on our website. If you continue to use our Site following the posting of any modifications, you agree to the terms of Service that have been revised.
Intellectual Property Rights
A Limited License We Give you. This Site and all materials accessible in this Site are the sole property of us, our affiliates or licensors which are covered by trademark, copyright and other laws governing intellectual property. The Site is made available only to you for your personal use and non-commercial use. You are not permitted to use the Site or any of the information accessible through the Site in a way that is in violation of our rights or has not been approved by us. In particular, unless expressly permitted by this Terms of Service, or in the written permission of the person who owns the material You are not permitted to modify or copy, reproduce or upload, share or transmit, transfer or sell, make work derivative of the Site, or exploit or disseminate in any way or media (including by email or any other electronic methods) or any other means, the content of the Site. However, you may, at any time download and/or print a duplicate of any individual page on the Site to use for personal, non-commercial usage, providing that you maintain any copyright or other proprietary notices.
Your Licence for us. By posting or sending any content (including the following: blog entries, comments posts on Facebook, videos and images) to us via our Website, online groups or social media platforms or to any of our employees via email, text, or any other method, you are claiming: (i) that you are the rightful owner of the material or have made your posting and submission with the permission of the person who owns the material via the Site, internet groups, social media venues or otherwise; as well (ii) your age 13 years old or older. the age of majority or more. Furthermore that when you send us an text, email or otherwise deliver or upload any information you grant us, or anyone else who is authorized by us, an unrestricted, royalty-free, perpetual irrevocable, non-exclusive and unlimited, worldwide license to reproduce, use or modify, transmit the material, sell it, exploit it or create derivative works from or distribute and/or publicly display the material in all or part, in any medium or manner whether now or in the future invented, for any reason. This grant includes the right to make use of any intellectual property rights associated with the submission or posting, which includes not only rights under copyright laws or trademarks, service marks, or patent laws of any applicable area. In addition, with respect to the use of these rights you grant us, as well as anyone else who is authorized by us rights to identifier yourself as the creator of your submissions or submissions using your name or email address or screen name, in the manner we determine appropriate.
The parties acknowledge that all contributions that you originally create for us will be considered to be a "work that was hired" when the work done falls within the definition of a job that is hired under Section 101 of the United States Copyright Law in its current form, which was amended. The copyrights of those works will belong to COMPANY since their inception. Therefore, COMPANY is deemed to be the sole author and owner of the work and will have the right to utilize any or all the results and profits in all media that are now in use or later invented, all over the world and for as long as it is in any language, however COMPANY decides. If any of the outcomes and the proceeds from your submissions are not considered to be a "work hired for hire" in accordance with Section 101 of the Copyright Act in its amended form in the present case, you agree to, without further compensation, irrevocably transfer, give and transfer to COMPANY all of your proprietary rights, which includes without limitation all trademarks and copyrights across the globe and in perpetuity across every medium, now in use or in the future devised in relation to the material, as well as any rights title, interest and rights in and to such proprietary rights in any medium that is now in use or to be devised in the future, throughout the universe for ever. Any material you submit that is reproductions of works previously published that you submit to us will be owned by us.
You agree that COMPANY is entitled but not the obligation to utilize and display any posted and contributions, of whatever kind, and that COMPANY can decide to stop the display and/or use of such materials (or any part thereof) at any time for any reason at all.
The limitations on linking as well as Framing. You may make a hyperlink that points to the Site, so that the link does not explicitly or implicitly state any sponsorship for your site from us or the Site. However, you cannot without our written consent frame or insert a link into any part of the content of the Site or incorporate into a different website or product any content such as content, information or intellectual property.
Disclaimers
On the Site We may offer hyperlinks or hyperlinks to Internet sites operated by third party. Links to third-party websites does not indicate the endorsement or support of these sites, nor the products, information or services that are offered through or on the sites. Additionally neither we nor our affiliates own or control in any way any information products or services third-party providers may offer via our Site or on websites that are linked to through the Site.
If appropriate, any opinions, advice, or statements or offers or other information or material provided by third parties, such as the information provider, is the opinions of the author or distribution company, and are not the opinions of COMPANY. None of COMPANY's partners or any other source of information warrants the quality, accuracy or utility of any information. Additionally, COMPANY neither endorses nor is accountable for the accuracy or credibility of any opinion or advice posted on the Sites by any person who is not an authorized COMPANY representative acting in the official capacity of his or her.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree to protect, defend, and keep COMPANY, its affiliates, successors transfers, assignees, licensees as well as the respective subsidiary and parent companies officers, agents, associates directors, shareholders, as well as employees from every claim, cause of action as well as liabilities, damages as well as costs and expenses including legal fees and costs that arise out of or relating to your violation of any obligation such as a warranty, representation, or other obligation set forth in this document.
Online Commerce
Certain sections of the Website can allow you to purchase various types of goods and services which are offered by third-party vendors. We do not guarantee the accuracy, quality as well as the timeliness, reliability, as well as any other element of such products or services. If you purchase from a retailer via this Site or a website that is linked to the Site and you provide information from your visit to the merchant's website or online store as well as the data you provide as part your transaction like details of your credit or debit card as well as contact details, can be collected by the merchant and our. The merchant might have privacy or practices for data collection that differ from our own. We are not responsible or obligation for these separate policies. Furthermore, when you purchase goods or services via the Site you could have to comply with additional conditions and terms that specifically pertain to the purchase or use of these goods or services. For more information about a particular merchant, its web store, privacy policies and/or other terms or conditions which could apply, go to the merchant's website and click the information links or contact the seller directly. We and all of our affiliated companies from damage you may incur and agree not to bring any claims against them or us in connection with the purchase or use of any of the products or services offered available by third party sellers through the Site.
Your correspondence, participation or business transactions with any third-party found in or on our website concerning the payment and delivery of particular goods or services, as well as any other conditions, terms and representations or warranties that are that are associated with these dealings are exclusively between you and the third party. You acknowledge that COMPANY is not in any way responsible or accountable for any loss or damage or other issues related to or due to these dealings.
You accept that you are financially responsible for any purchases you make or someone else acting on your behalf, through the Site. You accept to make use of the Site and purchase products or services through the Site only for legitimate, non-commercial use only. You agree to not make purchases for speculational purpose, fraudulent or false or in the interest to anticipate demand a specific item or product. You will only make purchases to yourself or for a person to whom you are legally authorized to make such purchases. When you purchase goods or services for an unrelated party, which requires you to disclose the information of the third party either to us, or an retailer You represent that you have received the explicit consent of that third party to disclose the third party's personal data.
Interactive Features
The Site could include many options, including bulletin boards and web logs chat rooms, as well as email services that allow feedback to us, as well as live interaction between users, as well as other features that allow users to connect with each other. Responsibility for content that is displayed on bulletin boards or chat rooms, web logs and other areas for public posting on the Site or transmitted via any email service available that are available on the Site and other email services, is with the user. Only you are accountable for what you share or transmit. We are not in control of the content, messages, or files you or other users may transmit via the Site. It is a condition for your access to our Site that you don't:
Stop or restrict anyone else from using and using the Site.
Make use of it to appear as a individual or entity or falsely declare or otherwise misrepresent your relationship with any person or organization.
Do not interfere with or disrupt any of the networks or servers which are used to offer our Site and its services or not comply with any of the requirements policies, procedures, or guidelines for the network we utilize to deliver the Site.
Make use of the Website to encourage or inspire others to engage in illegal acts or cause injuries or property damage to anyone.
Access the Site without authorization Site or any computer system, account or network linked to this Site using methods like password mining, hacking or any other illegal means.
Find or attempt to find any information or materials by any method that is not provided through this Site.
Utilize the Site to publish or transmit any illegal or threatening and abusive, libelous defamatory, offensive, vulgar pornographic, profane, or sexually explicit information not limited to transmissions that encourage or vary the course of actions that could constitute an offense that is criminal and could result in civil liability, or in any way violate any local federal, state, and international laws.
Utilize the Site to publish or transmit any software, information or other material that violates the rights of other people such as material that constitutes an infringement of privacy or publicity rights, or which is protected by trademarks, copyrights, or other proprietary rights or derivative works with regards to it without first seeking permission from the rights owner or holders.
Utilize the Site to publish or send any software, data or other materials that contain viruses or any other harmful components.
Utilize the Site to share and transmit, or otherwise exploit any software, information or other material, for commercial use, or includes advertisements.
Make use of the site to advertise or ask anyone else to buy or sell items and services or make any donations without our written consent.
Collect for marketing purposes emails or other personal data that have been shared by other users on the Site.
COMPANY can host chats, message boards as well as other forums that are public or private on its Sites and other platforms. Users who do not adhere to these terms and conditions Agreement can be banned from, and denied access to the message chats, boards, groups or other similar forums in the near future. COMPANY or its agents designated by it may take down or alter any content created by users at any point for any reason. Message boards, chat rooms and other forums that are public are designed to be forums for discussion between subscribers and users. The information and content that is posted on these forums could be made available by COMPANY personnel, COMPANY's external contributors, or even by users not affiliated to COMPANY Some of them may use user names that are anonymous. COMPANY is disclaims all responsibility or endorsement, and makes no representations about the reliability of any advice, opinion or information posted or published on these forum pages by any third party and we are not accountable for any mistakes or omissions contained in these postings or hyperlinks included in any message. Under no circumstances shall us, our affiliates or agents, suppliers or partners be held responsible for any loss or injury resulted from relying on information obtained from these forums. The opinions that are expressed in these forums are only those of the individuals who participated and do not reflect the views or opinions of COMPANY nor any of their affiliates or subsidiaries.
COMPANY does not have any obligation to review any posts or content posted on chat rooms, message boards or other public forums available on the Sites. However you acknowledge and accept that we reserve the right to review the content at our discretion. We also reserve the right to change the content, alter, or even and/or take down any content or postings either in whole or in whole, at any time and to make such materials available as well as the circumstances that led to the transmission of them to any other third-party to comply with any applicable law or regulation, legal procedure or government request, and to safeguard our clients as well as our sponsors, users, and visitors.
Registration
In order to access certain features on the Site it is possible that we will ask you to provide certain information about your demographics such as your gender, date of birth as well as your zip code and country. If you decide to sign up for a specific feature of the Site like chat rooms or web logs bulletin boards or chat rooms, you could be asked to sign-up with us using the form we provide. This registration could require you to supply personally identifiable information like your email address and name. You are required to provide truthful complete, current, accurate full and accurate information regarding yourself when requested by the Site's registration form. If we have good cause to believe that your information is false, incorrect or insufficient We reserve the right to cancel or terminate your account, and deny any and all future access to our Site (or any part of it). We will use any personal information that you supply to us in your registration is controlled by the Privacy Policy.
Passwords
To access certain features of the Site you'll need the username and password that you can obtain through the registration process on the Site. You are accountable for maintaining the security of your account and password and for any actions (whether from you or other users) that take place through your account or password. You must inform us immediately about any unauthorized use of your account or password or any other security breach and to ensure that you log out of your account by the close of every session. We are not and cannot be held responsible for any damage or loss resulting due to your inability to secure your account or password.
Mobile Message Service
The Metamorphx mobile messaging service (the "Service") is managed via Nature's Formulas("Nature's Formulas ", "we""us" or "us"). Your usage of the Service is a sign of your acceptance to these conditions and terms ("Mobile Terms"). We are able to modify or terminate or discontinue the Service and any feature it provides at any time without prior notice. We are also able to modify our Mobile Terms at any point and continuing to use the Service after the date of effective of any such modifications shall be deemed to mean your acceptance of the modifications.
We do not charge fees for the service, however you are responsible for any costs and charges associated with text messaging that are imposed by your wireless service provider. Data and message rates could be applicable.
Text messages can be sent via an automated telephone dialing system, or any other technologies. Your agreement to receive automated marketing text messages is not an obligation to purchase any products or services. If you've opted-in the Service, the Service sends you notifications, updates, information specials, promotions and other offers for marketing from Nature's Formulas through text messages from your wireless service provider to the phone number you supplied. The frequency of messages will be recurring. Text the keyword phrase STOP, CANCEL, or Unsubscribe to tel: +1-209-317-9387 for cancellation at anytime. You'll receive one-time opt-out message. If you've signed up to any other Nature's Formulas mobile messaging programs and would like to stop the subscription, you must unsubscribe from those programs using the guidelines that are provided in the respective mobile terms. For Service support or assistance, email support@GetMetamorphx.com We may change any short code or telephone number we use to operate the Service at any time. You agree that any message such as STOP or CANCEL, or UNSUBSCRIBE messages you send to a short number or a number we've changed will not be received, and we cannot be held responsible for honoring any requests you make in these messages.
The wireless providers that support the Service are not responsible for undeliverable or delayed messages. You are required to provide us with an active mobile number. If you wish to change your mobile number, you must unsubscribe from this Service before changing the number. You agree to defend, indemnify and hold us harmless from any claims of third parties and/or damages, or expenses arising out of your use of the Service, or by giving us a phone number that isn't your own.
You acknowledge that we will not be responsible for the failure or delayed delivery of any information you send via the Service or any error in such information, or any decision you take or not take based on your reliance on the information or Service.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may revoke or end your rights to use our Site or any portion or part of the Site at any point without notice. If you are affected by the cancellation of or termination you will not legally authorized to access the portion of the Site that is affected by the cancellation or expiration. The restrictions you are imposed regarding the content obtained from Site and any disclaimers or limitations on obligations set out within these terms of service will continue to apply.
Refund Policy
In order to obtain your full refund, contact customer service by email at support@GetMetamorphx.com or phone at 1-888-851-4001 with your email address and/or order number in order to request a refund. Send your bottles to us, regardless of whether empty, and you'll receive a full refund with no questions asked. You have up to 180 days from the day you purchased to submit a request for an entire refund. The refund will be credited into your account at the bank and could take as long as 3 to 5 business days for it to appear on your account statement, based on the processing speed of your bank.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") offers the right of recourse to copyright owners who feel that the material available on the Internet violates their rights as a result of the U.S. copyright law. If you believe that in good faith the content hosted by COMPANY violates your copyright, you or your agent can make a formal request to COMPANY asking that the content be removed from the site or that access be restricted. Any notice sent by the owner of the copyright or a person who is authorized to act on behalf of the owner which fails to meet the conditions of the DMCA will not be considered a valid notice and should not be considered to grant COMPANY any actual knowledge of the facts or circumstances in which the infringement material or actions are obvious. If you think in good faith that a copyright notice violation has been filed incorrectly against you and you believe that it is not correct, the DMCA permits you to mail COMPANY a counter notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be support@GetMetamorphx.com
Assignment
This Agreement will be binding on and shall be binding on all the rights of COMPANY as well as our respective successors, assigns, heirs, as well as legal representatives. The terms of this Agreement or any rights granted hereunder can be transferred in any manner without prior written permission of COMPANY In spite of the preceding the rights and obligations granted under this Agreement can be assigned to COMPANY or any of its affiliated entities or to any subsidiary owned by COMPANY that is wholly owned.
Dispute Resolution
The Terms of Use will be governed by and interpreted according to the laws of Barbados. State of Barbados and any dispute will go to arbitration binding in St. Michael, Barbados. If any provision in this agreement is unlawful, invalid or unenforceable, invalid or deemed to be unenforceable for any reason the provision will be deemed to be dissociable from this agreement and will not affect the validity or forcefulness of the remaining terms.
Class Action Waiver
You are only able to settle disagreements with us in a private manner, and you are not permitted to bring any claim as a plaintiff or participant in a class or consolidated action. Class actions, class arbitrations or individual attorney general action as well as consolidation with other arbitrations aren't permissible.
The arbitrator cannot consolidate more than one individual's claims, and is not able to or otherwise be the sole arbitrator in any kind of a representative or class claim or proceeding (such as an action in a class or consolidated action, or a private attorney general actions) until all the parties expressly agree to this after the initiation of arbitration.
Severability
If any provision of the Conditions of Service (other other than the clause on Class Action Waiver above) is considered to be illegal or invalid, the clause will be removed from the Terms of Service and the rest of the terms of Service are granted full force and effect. Should you believe that the Class Action Waiver clause is declared in violation or not enforceable, the entire clause will not be enforced as well, and any dispute would be resolved by a tribunal.
Anti-Spam Policy
Anti-Spam Policy Within an electronic communication Spam refers to unintentionally messages, whether in bulk or indiscriminate messages, which are usually sent with commercial reasons. We offer a feature that allows users to send emails or private messages to friends. Users should not make use of this feature to send unintentional, bulk or unintentional messages, regardless of whether it is to use for commercial purposes. Receivement of unsolicited messages by our business If it is the case you receive any email from us or through our system that could be considered spam, please inform us via the information below and the issue will be examined. support@GetMetamorphx.com
To Update Your Subscription Preferences Please Email: support@GetMetamorphx.com
The following information may be electronically sent to you without your permission:
A answer to an inquiry made by you
information regarding your account or your relationship with us;
specific information regarding the products or services that you bought from us
an email that facilitates, to complete or confirm the current commercial transactions
If you have supplied your email adress to us; or published your email address and the content we have sent you is pertinent to your professional role
If a third-party with whom we have an existing relationship with has recommended you to us;
If you receive the message to allow the AAO to meet an obligation under law or to apply a current or pending legal right.