TERMS AND CONDITIONS

Last Updated: 9/20/2023

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY.

This website, mobile application, and/or electronic service is owned and operated by Garden of Life, a Nestlé Health Science U.S. brand, or its affiliates and subsidiaries (referred to herein as “GOL,” “we,” “us,” or “our” as applicable). These Terms and Conditions (“Terms”) govern your access and use of the websites, mobile applications, and other online platforms and electronic services (collectively, the “Site”) maintained by GOL that incorporate or link to these terms and apply to any purchases on or through the Site.

Other terms also apply to your use of the Site and they are incorporated herein by this reference. These include terms which will apply to sales promotions and other special features and content which may be available on the Site from time to time and our Privacy Policy which applies to any personal data shared on or through the Site.

  1. Acceptance and Modification of the Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

We may modify these Terms from time to time at our sole discretion. If we decide to modify these Terms, we will notify you by making the revised version available on the Site and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Site following the posting of revised Terms indicates your acceptance of and agreement to the changes. If you do not agree with the modified Terms, you must stop accessing or using the Site.

  1. Accessing the Site and Account Security

By accessing or using the Site, you represent and warrant that (a) you are at least eighteen years old; (b) you have read and agree to abide by these Terms and Conditions; (c) you have read and agree to our Privacy Policy; (d) any information you submit to GOL is truthful and accurate; and (e) you will not use the Site or any content for any unlawful purpose or in violation of any applicable law.

The Site allows you to register and obtain a password so that you may use certain services available on the Site. You are responsible for maintaining the confidentiality of your registration information and password, and for all account use, whether or not authorized by you. You agree to immediately notify GOL of any unauthorized use of your account or a breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the registration and Site. We have the right to provide user account, content or use records and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, our customers' rights or our business).

You or we may suspend or terminate your account or your use of the Site at any time, without notice, for any reason or for no reason. 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 the Site at any time without notice.

  1. Content and Intellectual Property

The Site is expressly owned and operated by GOL. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from the Site (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content are owned, controlled or licensed by or to GOL, and are protected by copyright, patent, trademark and various other intellectual property and unfair competition laws. All worldwide rights are reserved. This Site and its Content are intended solely for your personal, noncommercial use. Any use of the Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the Site or any part of the Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may download or electronically copy and print any of the Content displayed on the Site for your personal, noncommercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you.

  1. Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of GOL. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of GOL. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not remove, obscure or alter any copyright notices, trade names, trademarks, service marks, logos, or other distinctive brand features or other proprietary rights notices affixed to or contained within the Site or its Content.

  1. Prohibited Uses

You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the Site as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display the Site, Content or any portion thereof by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; or (e) use the Site or Content, including any of the features, tools and service on the Site, for any reason other than for its intended purpose, including to communicate with GOL or conduct any Inappropriate Activities, as defined below. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, any GOL server, or any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user or visitor of the Site, or any other customer of GOL, including any GOL account not owned by you, to its source. You may not exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of the Site or GOL's systems or networks, or any systems or networks connected to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or with any other person's use of the Site. You may not use the Site (including any Content) to solicit the performance of any illegal activity or other activity that infringes the rights of GOL or others. You acknowledge that your failure to abide by these Terms and Conditions may subject you to civil and criminal liability.

  1. User Submissions

Other than personally identifiable information, which is subject to the Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, feedback or other communication you disclose, offer, submit, send, transmit or post to the Site in any manner ("User Submissions") is and will be considered non-confidential and non-proprietary. GOL and its affiliates are under no obligation to keep User Submissions confidential. Personally identifiable information that you voluntarily post on any part of the Site that is viewable by the public is not subject to the Site's Privacy Policy and is considered User Submissions. We will have no obligation to use, return, review, or respond to any User Submissions. You are and shall remain solely responsible for the content of any User Submissions you offer or submit. GOL will have no liability related to the content of any such User Submissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Submissions that includes any material we deem inappropriate or unacceptable. You agree that all User Submissions are truthful, that you have obtained the consent of anyone appearing in any User Submissions with you, and that any User Submissions will not infringe on or violate the rights of any person or entity. We may, but are not obligated to, monitor, or review any User Submissions. We, our parent, subsidiaries, affiliates, successors, assigns and our or their designees (as applicable) may use any or all User Submissions for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions, whether solicited or unsolicited, you agree that you are granting us, our parent, subsidiaries, affiliates, successors, assigns and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to communicate, publish, transmit, perform, display, create derivative works from, distribute, exploit and otherwise use such User Submissions for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms and Conditions are later modified or terminated, without any compensation to you. You agree to waive all moral rights in any User Submissions in favor of GOL. GOL may, at its option and in its sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your User Submissions or any portion thereof.

  1. Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, morally offensive, pornographic, or profane material or any material that could constitute or encourage harassment or a criminal offense or give rise to civil liability, or otherwise violate any law (collectively, "Inappropriate Activities"). 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 the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

  1. Copyright Infringement

If you believe your copyrighted work is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to the agent identified below: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site; (iii) 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 GOL to locate the material; (iv) Information reasonably sufficient to permit GOL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries, please Contact Us.

  1. Fitness, Nutrition, and Health Information

The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. THE INFORMATION PRESNTED ON THE SITE IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with GOL) for diagnosing or treating a health problem or disease, or prescribing any medication. You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to undertaking a new diet or exercise program or utilizing any related services on the Site. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

  1. Accuracy of Information

We attempt to provide complete, accurate and current information on the Site. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. GOL does not warrant or accept any responsibility or liability for the completeness, accuracy or current-ness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event that a product is mistakenly listed at an incorrect price, GOL reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, GOL shall issue a credit to your credit card account in the amount of the incorrect price. 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. 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.

  1. Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The prices displayed on the Site are quoted in U.S. currency. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. GOL makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. 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 the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

  1. Online Purchases

Resale Prohibition. By purchasing products on or through the Site, you represent and warrant that any products purchased are for your own personal use, and not for purposes of resale by you or any third-party. You acknowledge that you are prohibited from reselling any GOL products without our separate written consent.

Right to Reject, Cancel, Limit Quantities. We reserve the right to reject or cancel any order to purchase products, in whole or in part, in our sole discretion at any time. We reserve the right at any time after receipt of your order, without prior notice to you, to limit the quantities of items that can be purchased and to supply less than the quantity you ordered of any item.

Right to Request Additional Information. We reserve the right to request and/or verify additional information before accepting or shipping any order.

Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site 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.

Promotional Offerings. Certain offerings on the Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. GOL reserves the right to void, cancel or suspend any promotion at any time without notice.

  • 13. Subscribe & Save Program Terms
  • The terms in this Section supplement these Terms and Conditions solely with respect to products ordered on our Site for auto-replenishment delivery (“Subscribe & Save”). By participating in Subscribe & Save, you acknowledge that you have read and understand these Terms & Conditions (including the terms in this Section) and agree to by bound by them. The Subscribe & Save program will be operated in accordance with the procedures and policies posted on the Subscribe & Save program page of our Site (https://www.gardenoflife.com/subscribe), including but not limited to those on the FAQ page, which is incorporated by reference herein

    Automatic Renewal. Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew and you will continue to be charged on a recurring basis per the delivery frequency you select (i.e., 30, 45, 60, or 90 days) and without notice until you cancel. When starting Subscribe & Save, you agree to be billed on a recurring, per-order basis until you cancel, and acknowledge that your Subscribe & Save will automatically create a new order according to the applicable delivery schedule, until cancelled. You authorize GOL or our payment processing provider(s) to store your payment method and to automatically charge your payment method for the items in your Subscribe & Save order based on the delivery frequency you select until you cancel.

    We will automatically charge you the total, then-current price of the item(s) in your Subscribe & Save order on the date that order is processed, less the Subscribe & Save discount (i.e., 15% off on your first 4 Subscribe & Save orders and 20% off all subsequent Subscribe & Save orders, and free shipping), plus applicable taxes, each delivery frequency period until you cancel. YOU ACKNOWLEDGE AND AGREE THAT GOL WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.

    We may change the price of items in your Subscribe & Save order at any time, and we will notify you of any price change with the option to cancel. If the price of a product in your Subscribe & Save order changes, the new price will be displayed in your order review email and will be applied only on future shipments. You can review the price of an item in your Subscribe & Save order and edit or cancel your subscription as described in the “Cancellation” section below.

    The charge for each Subscribe & Save order shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. An email will be sent prior to each Subscribe & Save order shipment verifying the total charge amount for the upcoming shipment.

    If your payment method fails, your Subscribe & Save order will not be processed for shipment and you will be notified that payment for your subscription order failed to process, and you will need to contact our customer service team (email: weborders@gardenoflife.com or phone: 1-800-365-7709) to update your payment information. We will reattempt to process payment for your subscription order at an interval of once per day for one (1) successive day. If your payment method is updated successfully within this time period, your Subscribe & Save order for that delivery frequency period will be processed for shipment. If you fail to update your payment method and provide payment, we will cancel your Subscribe & Save order for that delivery frequency period and any subsequent delivery frequency period unless and until you update your payment method. You can update or edit your payment information anytime by contacting our customer service team (email: weborders@gardenoflife.com or phone: 1-800-365-7709).

    Offer is valid only for individual purchasers. Products are not intended for resale. No additional promotional coupons or offers can be stacked on the Subscribe & Save discount for items in your order. Valid in continental U.S. only.

    CANCELLATION.  YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL SUBSCRIBE & SAVE AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AT GARDENOFLIFE.COM, NAVIGATING TO THE ‘MY SUBSCRIPTIONS’ PAGE, AND SELECTING THE ‘PAUSE/STOP’ LINK. FROM THERE, CLICK THE ‘CANCEL SUBSCRIPTION’ BUTTON. YOU MAY ALSO CONTACT US AT 1-800-365-7709. UPON COMPLETION OF THIS PROCESS, NO FUTURE ORDERS WILL BE PLACED. YOU’LL RECEIVE AN EMAIL NOTIFICATION CONFIRMING THIS CHOICE. We will notify you of upcoming charges associated with your Subscribe & Save order three (3) days prior to your chosen delivery date. If you wish you cancel, you must do so within 72 hours of receiving this notice in order to avoid charges for your upcoming subscription order. In other words, IF YOU WISH TO CANCEL YOU MUST DO SO BY ONE OF THE METHODS MENTIONED ABOVE PRIOR TO (BY 11:59 PM (EST)) YOUR CHOSEN DELIVERY DATE. If you do not cancel by 11:59 PM EST prior to your chosen delivery date, your upcoming Subscribe & Save order is non-refundable and your subscription will continue until the end of that delivery frequency period.

    In the event you cancel Subscribe & Save, please note that we may still send you promotional communications about GOL, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

    We may, in our sole discretion, cancel all or part of your Subscribe & Save order at any time for any reason, in our discretion. If we do so, you will only be charged for items that have been shipped to you. We reserve the right to change the Subscribe & Save terms and benefits, including any discount amounts and eligibility used to determine discount amounts, at any time in our sole discretion. All changes will apply to future orders only, including for current subscriptions.

    We reserve the right, at our sole discretion, to modify or make changes to these Subscribe & Save terms at any time. If any change to these Subscribe & Save terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Each such modification will be effective upon either posting on the Site or notice to you. YOUR CONTINUED PARTICIPATION AND USE OF SUBSCRIBE & SAVE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

    1. Linking to the Site

    Creating or maintaining any link from another Web site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations.

    1. Third Party Links

    From time to time, the Site may contain links to Web sites that are not owned, operated, or controlled by GOL. All such links are provided solely as a convenience to you and do not represent the views of GOL or any individual associated with GOL. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates: (i) monitor or review any third party content or Web sites; (ii) are responsible for any content, materials or other information located on or accessible from any other Web site; or (iii) endorse, guarantee, or make any representations or warranties regarding any other Web sites, their terms of use or privacy practices, any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from the Site, you do so entirely at your own risk. This Site also includes a tool that allows you to sign in or register using information from your account with a third-party service, such as Facebook, Twitter, Pinterest, Google, or Instagram. These third-party services are unrelated to the Site and your use of such third party services is subject to the terms and policies of those services. This Site may also provide certain social media features that enable you to send e-mails or other communications with certain content or links to certain content on the Site. You may use these features solely as they are provided to us and solely with respect to the content they are displayed with.

    1. (OPTIONAL) Mobile Terms of Service

    We offer an optional mobile message service. The Garden of Life mobile message service (the "Service") is operated GOL. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to GOL’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of GOL through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GOL. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18446210547 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GOL mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18446210547 or email weborders@gardenoflife.com . We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

    1. Domestic Use; Export Restriction

    We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products, or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site 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 technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.

    1. DISCLAIMERS

    YOUR USE OF THIS SITE IS AT YOUR RISK. GOL DOES NOT WARRANT THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THIS SITE AND ITS CONTENT AND THE SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GOL, NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS, QUALITY OR CURRENTNESS OF ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER GOL, NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR REPRESENTATION THAT ANY CONTENT, ITEMS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. 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. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    1. LIMITATIONS OF LIABILITY

    GOL assumes no responsibility, nor will be liable, for any damages to your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site, including without limitation any damages caused by viruses. IN NO EVENT WILL GOL, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY LICENSOR, SUPPLIER OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT OR SERVICES CONTAINED ON ANY SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

    1. Indemnity

    You agree to indemnify, defend and hold GOL and our parent company, affiliates and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, losses, liabilities, demands, penalties, actions, causes of action, suits, obligations and expenses, including damage awards, settlement amounts and reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Terms and Conditions or the Privacy Policy, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

    1. Governing Law

    THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA (BOTH SUBSTANTIVE AND PROCEDURAL), WITHOUT REGARD TO CONFLICTS OF LAWS RULES. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the state of Florida for any litigation or dispute arising out of or relating to your access to or use of the Site, these Terms and Conditions or our Privacy Policy.

    1. General

    These Terms and Conditions and the Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter contained herein or therein. 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, unenforceable, or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions or the Privacy Policy. 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 Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. GOL may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.GARDENOFLIFE.COM (THIS "SITE"), OR THE GARDEN OF LIFE MOBILE MESSAGE SERVICE (THE “SERVICE”) YOUR USE OF THIS SITE OR THE SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR THE SERVICE.

    These Terms and Conditions apply to all users of this Site and its associated services. This Site is developed, maintained and operated by Garden of Life LLC ("GOL").

     

    (OPTIONAL) Mobile Terms of Service. Garden of Life offers an optional mobile message service. The Garden of Life mobile message service (the "Service") is operated by Garden of Life (“Garden of Life”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Garden of Life’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Garden of Life through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Garden of Life. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18446210547 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Garden of Life mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18446210547 or email weborders@gardenoflife.com . We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

     

    Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. The prices displayed on this Site are quoted in U.S. currency. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. GOL makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. 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 Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

     

    Resale Prohibition. By purchasing products from Garden of Life, LLC, you represent and warrant that any products purchased are for your own personal use, and not for purposes of resale by you or any third-party. You acknowledge that you are prohibited from reselling any Garden of Life products without our separate written consent.

     

    Right to Reject, Cancel, Limit Quantities. We reserve the right to reject or cancel any order to purchase products, in whole or in part, in our sole discretion at any time. We reserve the right at any time after receipt of your order, without prior notice to you, to limit the quantities of items that can be purchased and to supply less than the quantity you ordered of any item.

     

    Right to Request Additional Information. We reserve the right to request and/or verify additional information before accepting or shipping any order.

     

    Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site 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.

     

    Accuracy of Information. We attempt to provide complete, accurate and current information on this Site. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. GOL does not warrant or accept any responsibility or liability for the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. In the event that a product is mistakenly listed at an incorrect price, GOL reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, GOL shall issue a credit to your credit card account in the amount of the incorrect price. 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. 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.

     

    Use of this Site. This Site is expressly owned and operated by GOL. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from this Site (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content are owned, controlled or licensed by or to GOL, and are protected by copyright, patent, trademark and various other intellectual property and unfair competition laws. All worldwide rights are reserved. This Site and its Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may download or electronically copy and print any of the Content displayed on this Site for your personal, noncommercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you.

     

    Promotional Offerings. Certain offerings on this Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. GOL reserves the right to void, cancel or suspend any promotion at any time without notice.

     

    Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of GOL. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of GOL. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not remove, obscure or alter any copyright notices, trade names, trademarks, service marks, logos, or other distinctive brand features or other proprietary rights notices affixed to or contained within this Site or its Content.

     

    Linking to this Site. Creating or maintaining any link from another Web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

     

    Third Party Links. From time to time, this Site may contain links to Web sites that are not owned, operated or controlled by GOL. All such links are provided solely as a convenience to you and do not represent the views of GOL or any individual associated with GOL. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates: (i) monitor or review any third party content or Web sites; (ii) are responsible for any content, materials or other information located on or accessible from any other Web site; or (iii) endorse, guarantee, or make any representations or warranties regarding any other Web sites, their terms of use or privacy practices, any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Site, you do so entirely at your own risk. This Site also includes a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Pinterest, Google or Instagram. These third party services are unrelated to this Site and your use of such third party services is subject to the terms and policies of those services. This Site may also provide certain social media features that enable you to send e-mails or other communications with certain content or links to certain content on this Site. You may use these features solely as they are provided to us and solely with respect to the content they are displayed with.

     

    Prohibited Actions. You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or this Site as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display this Site, Content or any portion thereof by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; or (e) use this Site or Content, including any of the features, tools and service on this Site, for any reason other than for its intended purpose, including to communicate with GOL or conduct any Inappropriate Activities, as defined below. You may not attempt to gain unauthorized access to any portion or feature of this Site, any other systems or networks connected to this Site, any GOL server, or any of the services offered on or through this Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site. You may not reverse look-up, trace or seek to trace any information on any other user or visitor of this Site, or any other customer of GOL, including any GOL account not owned by you, to its source. You may not exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this Site. You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of this Site or GOL's systems or networks, or any systems or networks connected to this Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site or with any other person's use of this Site. You may not use this Site (including any Content) to solicit the performance of any illegal activity or other activity that infringes the rights of GOL or others. You acknowledge that your failure to abide by these Terms and Conditions may subject you to civil and criminal liability.

     

    Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, morally offensive, pornographic or profane material or any material that could constitute or encourage harassment or a criminal offense or give rise to civil liability, or otherwise violate any law (collectively, "Inappropriate Activities"). 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 Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

     

    Account Security. This Site allows you to register or obtain a password so that you may use certain services available on this Site. You are responsible for maintaining the confidentiality of your registration information and password, and for all account use, whether or not authorized by you. You agree to immediately notify GOL of any unauthorized use of your account or a breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the registration and Site. We have the right to provide user account, content or use records and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, our customers' rights or our business).

     

    User Information. Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, feedback or other communication you disclose, offer, submit, send, transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. GOL and its affiliates are under no obligation to keep User Communications confidential. Personally identifiable information that you voluntarily post on any part of this Site that is viewable by the public is not subject to this Site's Privacy Policy and is considered User Communications. We will have no obligation to use, return, review, or respond to any User Communications. You are and shall remain solely responsible for the content of any User Communications you offer or submit. GOL 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. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. We may, but are not obligated to, monitor or review any User Communications. We, our parent, subsidiaries, affiliates, successors, assigns and our or their designees (as applicable) may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us, our parent, subsidiaries, affiliates, successors, assigns and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to communicate, publish, transmit, perform, display, create derivative works from, distribute, exploit and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms and Conditions are later modified or terminated, without any compensation to you. You agree to waive all moral rights in any User Communications in favor of GOL. GOL may, at its option and in its sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your User Communications or any portion thereof.

     

    Your Representations and Warranties. By using this Site, you represent and warrant that (a) you are at least eighteen years old; (b) you have read and agree to abide by these Terms and Conditions; (c) you have read and agree to our Privacy Policy; (d) any information you submit to GOL is truthful and accurate; and (e) you will not use this Site or any content for any unlawful purpose or in violation of any applicable law.

     

    DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. GOL DOES NOT WARRANT THAT THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THIS SITE AND ITS CONTENT AND THE SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GOL, NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS, QUALITY OR CURRENTNESS OF ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER GOL, NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR REPRESENTATION THAT ANY CONTENT, ITEMS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. 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. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

     

    LIMITATIONS OF LIABILITY. GOL assumes no responsibility, nor will be liable, for any damages to your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site, including without limitation any damages caused by viruses. IN NO EVENT WILL GOL, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY LICENSOR, SUPPLIER OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT OR SERVICES CONTAINED ON ANY SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

     

    Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time and such revisions shall be effective immediately upon notice to you, which notice may be provided by posting the revised Terms and Conditions on this Site. You should visit this Site from time to time to review the then current Terms and Conditions because they are binding on you. Any use of this Site after notice of the revised Terms and Conditions shall constitute your acceptance of such changes. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site.

     

    Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA (BOTH SUBSTANTIVE AND PROCEDURAL), WITHOUT REGARD TO CONFLICTS OF LAWS RULES. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the state of Florida for any litigation or dispute arising out of or relating to your access to or use of this Site, these Terms and Conditions or our Privacy Policy.

     

    Termination. You or we may suspend or terminate your account or your use of this Site at any time, without notice, for any reason or for no reason. 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 Site at any time without notice.

     

    Health Related Information. The information contained in this Site 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 this Site (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with GOL) 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 and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

     

    Indemnity. You agree to indemnify, defend and hold GOL and our parent company, affiliates and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, losses, liabilities, demands, penalties, actions, causes of action, suits, obligations and expenses, including damage awards, settlement amounts and reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Terms and Conditions or the Privacy Policy, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

     

    Domestic Use; Export Restriction. We control this Site from our offices within the United States of America. We make no representation that this Site or its content (including, without limitation, any products or services available on or through this Site) are appropriate or available for use in other locations. Users who access this Site 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 technical data and software to certain territories. No content from this Site may be downloaded in violation of United States law.

     

    Copyright Agent. If you believe your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please provide the following information to the agent identified below: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Site are covered by a single notification, a representative list of such works on this Site; (iii) 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 GOL to locate the material; (iv) Information reasonably sufficient to permit GOL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries, please Contact Us.

     

    General. These Terms and Conditions and the Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter contained herein or therein. 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, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions or the Privacy Policy. 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 this Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. GOL may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

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