Website User Agreement
TERMS AND CONDITIONS
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS IT RELATES TO YOUR USE OF OUR WEBSITE.
By using our Website, you agree to the following Terms and Conditions ("Terms & Conditions") regarding its use. NuMoxie® Health Corporation, NuMoxie.com and our affiliates reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. (You should check these Terms & Conditions periodically for changes that may occur.) By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered User account with us.
In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact NuMoxie® by e-mail at customerservice@NuMoxiehealth.com before using the Website.
As you use our Website, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1. Range of Terms & Conditions. Unless we indicate otherwise, these Terms & Conditions apply to your use of the Websites which are owned or operated by NuMoxie® Health Corporation ("NuMoxie.com") and our affiliates (collectively, "we," "us," or "our"), including, without limitation, this Website and any other website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, having a licensing agreement or Distributorship (NuMoxie® Independent Representative), owning a controlling interest in, owned by, or under common ownership control with,NuMoxie® Health Corporation, including, without limitation, NuMoxie® Health Corporation ("NuMoxie®") and its subsidiaries.
2. General Provisions of Terms & Conditions. By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this Agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). Upon our sole discretion and without prior notice or liability, we may discontinue, amend or revise any aspect of the Website, including, but not limited to, (a) restricting Website availability, (b) restricting permitted amount of use of Website, and (c) restricting or terminating any User's right to use the Website. You agree that any termination or cancellation of your accessibility or use of the Website may be effected without prior notice. If you do not abide by the requirements of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately disable or remove your user account and all related information and files in your user account and/or block any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your accessibility or use of our Websites.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Supplemental Terms"). Such Supplemental Terms may be placed on the Website to be viewed in connection with the specific content, features, activities, or events and shall be identified as such. You understand and agree that such Supplemental Terms are hereby incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials. Unless otherwise specified, we grant you a non-exclusive, non- transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, statistics, graphics, music, sounds, questions, creative suggestions, messages, comments, opinions, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The Content may be covered by U.S. patents pending. All trademarks appearing on this Website are trademarks of their respective owners. NuMoxie® is the trade name and the registered trademark and service mark ofNuMoxie® Health Corporation. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Website. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by NuMoxie®.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of NuMoxie® or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any NuMoxie® copyright.
4. Registered User. You do not have to become a registered user to use this Website. However, if you do not register (enroll as a student, Distributor, “health coach”, or medical practitioner), you may be excluded from using certain products, services, features, or resources of our Website. You must enroll in accordance with instructions that you will find on this Website as a participant, and to contribute to any NuMoxie® Community area or use of the "Profile" feature of our Website. A "NuMoxie® Community" means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Website or post your own Content.
If you choose to become a registered user of our Website, you agree to provide us with true, precise and complete information about yourself as a Student, Distributor, Medical Practitioner, or Company (“Registration Data"), and to maintain and promptly update the Registration Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is false, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to consign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. NuMoxie shall not, under any circumstances, be responsible or liable for fraudulent purchases that are made using your compromised password.
5. User Response. Should any User respond to NuMoxie® with feedback information including questions, requests, opinions, comments, suggestions, or so forth regarding the content of any NuMoxie®document, the Website, or NuMoxie® services, such information shall be deemed to be non-confidential and NuMoxie® shall have no obligation of any kind with respect to such information and shall be free to replicate, use, divulge and distribute the information to others without limitation. NuMoxie® shall be free to use any ideas, concepts, know how or techniques contained in such information for any and all purposes including but not limited to developing, manufacturing, advertising and marketing products by incorporating such information.
6. System Interruption. NuMoxie® periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. NuMoxie® shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unintentional system outages or the resultant delay, wrong-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
7. Privacy. We are committed to protect your privacy and security. For more information, you should review our Privacy Policy on our Website.
8. NuMoxie’s True-Beginnings Health Education Course (“True-Balanced Body”), also known as“Self-Health Reliance®”. This health education course and it supplementary “EZ-Living” Continuous Education/Coaching Program is being offered for sale through medical practices, corporate sponsored health programs, Affiliate Partner endorsements and the general public via NuMoxie® IndependentRepresentatives (“Distributorships”). When purchased, it will be accessible through our Website.
NuMoxie’s True-Beginnings Health Education program and “EZ-Living” Continuous Education/Coaching Program are for educational purposes only and is not intended to provide medical advice or take the place of medical advice and/or treatment from your personal physician. This program is not intended to diagnose, treat, cure or prevent any diseases. It is strongly recommended that participants consult with their doctors or medical practitioners to receive medical advice and or services before beginning a weight loss and health education program. All matters pertaining to your physical health should be supervised by a healthcare professional. The information contained in NuMoxie’s True- Beginnings Health Education materials should not be considered medical advice. The ideas, thoughts, and opinions expressed herein belong solely to NuMoxie® Health Corporation, which is not a medical institution. NuMoxie® Health Corporation, True-Beginning’s, Inc., independent educators, presenters,authors, coaches, administrators and any and all associates and employees are not medical doctors. And statements contained in films, Internet, marketing materials, educational and coaching materials should not be considered as medical advice. Warning: If you are pregnant or breast-feeding, it is not recommend to utilize the program unless under the direction of your qualified medical practitioner. Except as otherwise noted, no statement in these materials has been reviewed or approved by the Food and Drug Administration.
This program may only be viewed by those individuals within the household who have signed the Health Education Application Form and have paid for NuMoxie’s True-Balanced Body Health Education Program (also known as “Self-Health Reliance®”) through a NuMoxie® Health Corporation’s licensed Independent Representative (Distributorship) or Online.
Parents and guardians of children 17 and under and of handicapped household members accept full responsibility as indicated above. NuMoxie® Health Corp. and True-Beginnings, Inc. make no claims concerning the effectiveness of the Program or the nutritional supplements offered. Except as otherwise noted, no statement in these materials has been reviewed or approved by the Food and Drug Administration.
Confidentiality Agreement. As an enrolled student, you warrant that you will not share any portion of NuMoxies' True-Balanced Body Health Education Program" [also known as “Self-Health Reliance®”](“The Program”) with anyone outside your household. You further agree to pay punitive damages for anyunauthorized sharing of materials.
Claims. By participating in the Program, the participant fully assumes any and all risks and waives all rights and claims against NuMoxie® Health Corp., True-Beginnings, Inc., Independent Educators, presenters, authors, coaches and administrators for any and all adverse effects, ailments, injuries or consequences resulting from the use of any of the comments, preparations, or procedures discussed in the Program films and written materials. The above mentioned are not medical doctors, and statements contained in these materials should not be considered as medical advice.
Medical Disclaimer. NuMoxie’s True-Beginnings Health Education program’s statements have not beenevaluated by the Food and Drug Administration. This program is not intended to diagnose, treat, cure or prevent any diseases. It is strongly recommended that participants consult with their doctors or medical practitioners to receive medical advice and/or services. All matters pertaining to your physical health should be supervised by a health care professional.
9. Product Purchases and Pricing. All billing and other information submitted to this Website must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use; and, if you are a Distributor, you may also be in breach of your Distributor Agreement. By completing the checkout process you agree to accept and to pay for the product(s) or service(s) requested. You represent and warrant that you have the legal right to use any US granted credit card. Any foreign financial institution-issued credit cards will not be accepted.
In the event a product price is listed incorrectly or with wrong information due to typographical error or error in pricing or product information, NuMoxie® shall have the right to decline or cancel any orders placed for product listed at the incorrect price. NuMoxie® shall have the right to decline or cancel anysuch orders whether or not the order has been confirmed and the User’s credit card charged. NuMoxie®reserves the right in its sole discretion to decline or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is canceled, NuMoxie® shall issue a credit to your credit card account in the amount of the charge by the end of the next regular business day.
NuMoxie® attempts to be accurate in all product descriptions. Nevertheless, NuMoxie® does not warrant that any product description or other content on the Website is accurate, thorough, dependable, current, or free from error. If you find a product is not as described your sole solution is to return it pursuant to NuMoxie’s return policy.
NuMoxie® reserves the right, with or without prior notice, (a) to execute conditions on the honoring of any coupon, coupon code, promotional code or other promotion, (b) to change a product narrative, (c) to limit the availability of any product or service, or (d) to decline any User or customer with any services.
Any claim or cause of action with respect to products or services must be commenced within six months after the claim arises. Price and availability of any NuMoxie® Product or Service may be changed at any time without notice.
10. Promotions. This Website may contain contests or promotions that require you to send material or information about yourself in order to participate. Please note that any such contest or promotion offered through the Website may be governed by a separate set of terms and conditions that may include, among other things, eligibility requirements such as age limits, geographical restrictions, or company affiliations..If you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any applicable terms and conditions, and by your participation you agree to conform to such terms and conditions which shall be requisite and final in all respects.
11. Customer Nutritional Supplement Tangible Goods RETURN POLICY. NuMoxie® stands behind our products by providing a 30-day 100% Money-Back Satisfaction Guarantee on its nutritional supplements and other tangible goods. That means, if, for any reason you are dissatisfied, any and all nutritional products or other tangible goods purchased by a customer through NuMoxie’s Website and/orDistributors may be returned for full purchase price within thirty days of initial purchase, accompanied with product purchase receipt. For an online order, the product ship date is the date of purchase. Only one opened package of any product in a shipment is eligible for return. All others of the same product must be in unopened and original condition to receive a full refund. Your refund will be processed based on youroriginal “Purchase Order Form”.
Opened, Damaged or Incorrect Items. These products may only be eligible for partial refund or merchandise credit. To be eligible for a replacement item, you must notify us within twenty-four (24) hours after your receipt of the shipment containing the damaged or incorrect order. We reserve the right to refuse replacement/refund of any items if we are not notified within the said twenty-four (24) hour time period.
You will need to obtain a Return Merchandise Authorization (“RMA”) before returning the item(s)by calling our “Customer Service” Department. (See contact information below.)
All returns must be accompanied by the original packing slip or invoice. So that we may better serve you and other customers, please include a written note describing to us the specific reason for your dissatisfaction.
After a return has been received by us, we will promptly issue the refund, less the shipping cost—shipping and handling charges are non-refundable. For shipment returns, you must carefully package the product. You are responsible for the cost of return shipping. We must physically receive the return within thirty (30) days. NuMoxie® reserves the right, at its sole discretion, to reject any return that does not comply with the foregoing requirement.
If you used a credit card to make the purchase, the refund will be credited to your card. If you paid by check or money order, a refund check will be mailed to you.
13. NuMoxie® Community Criteria and Conduct Procedures. You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole obligation of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community criteria and conduct procedures for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no conditions will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or exclusions in any Postings, or for any loss or harm of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree to NOT use this Website (including any NuMoxie® Community areas) for any of the following:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, insulting, uncouth, obscene, slanderous, intrusive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or Independent Representative (Distributor) of NuMoxie.com, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with NuMoxie.com, or our affiliates or any other person or entity;
d. Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or promotional or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disturb the normal flow of dialogue, cause a screen to "scroll" faster than other users of aNuMoxie® Community (or other portion of this Website) are able to type, or otherwise act in amanner that negatively affects or otherwise diminishes the quality of another user’s experience ofthis Website;
j. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any pertinent local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another User, employee or representative of this Website; or
m. Petition, accumulate or post personal data or attempt to petition, accumulate or post personal data about other Users of the Website, including User names or passwords; or Access or attempt to access another User’s account without his or her consent.
Except as may otherwise be provided in our Privacy Policy, all NuMoxie® Community communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or none of the areas of this Website (including any NuMoxie® Community) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the NuMoxie® Community, we are acting as a passive conduit for such circulation and we are not undertaking any responsibility or liability relating to any Postings or activities in any NuMoxie® Community, nor do we sanction any such Postings. Although we reserve the right to eliminate, without notice, any Posting for any reason, we have no obligation to review Content prior tothe Content’s posting or to delete Postings that you may find objectionable or offensive. We are notresponsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website has been removed.
14. Submissions. If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create works derived from, distribute, receive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a NuMoxie® Community area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
15. Parental or Guardian Permission. Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website.
16. Links. Any links to other websites or resources are provided as merely a convenience to the Users of this Website. Consequently, these Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or accessible from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or harm that is caused or alleged to have been caused to you in connection with your use of, or dependence upon, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
17. Linking and Framing the Website. Unless a User has a written agreement in effect with NuMoxie®that states otherwise, a User may only provide a hyperlink to the Website on another website if the User complies with all of the following: (a) the link must be a text-only link clearly marked " NuMoxie® or the link must "point" to the URL https://numoxie.wpengine.com” and not to other pages within the Website; (c) the link, when activated by a User, must display the Website’s full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the NuMoxie® name and trademarks or create the false appearance NuMoxie® is associated with, or a sponsor of, the linking website. By providing this consent,NuMoxie® is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Website. NuMoxie® reserves the right to revoke its consent to any link at any time in its sole discretion.
18. Third Party Vendors. You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Vendors"). All matters concerning the services, merchandise and other products desired from the Third Party Vendors, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Vendors. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Vendors. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of proceeds or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
19. Copyright Infringement Grievances. We respect the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any User to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (17 USC § 512) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe that your work has been copied in a way that constitutes copyright infringement or if you are aware of someone doing so, please contact us and include the following information:
a. A physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b. Documentation of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
c. Documentation of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d. Your name, mailing address, telephone number and email address;
e. A statement by you that you believe, in good faith, that the material used in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. A statement by you that the information in your report is accurate and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website will be forwarded to our designated agent for notice of claims of copyright infringement.
20. User Security. If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and User account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your User account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your User account. You agree to immediately notify us of any unauthorized use of your User account or any other breach of security known to you.
21. Relationship with NuMoxie® Health Corporation. NuMoxie.com is the Website of NuMoxie®Health Corporation, and is authorized to use under license the NuMoxie® brand and intellectual property on the Internet. NuMoxie® is the trade name and the registered trademark and service mark of NuMoxie®Health Corporation as are certain other trademarks and service marks used by NuMoxie.com on this Website under NuMoxie® Health Corporation’s control.
22. Health Disclaimer. This Website provides weight loss management and health information applications and content published over the Internet and is intended only to assist users in their personal weight control and health education efforts. NuMoxie.com is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim 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 website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
NuMoxie’s True-Beginnings Health Education Program and EZ-Living Continuous Education/Coaching Program is for educational purposes only and is not intended to provide medical advice or take the place of medical advice and treatment from your personal physician. This program is not intended to diagnose, treat, cure or prevent any diseases. It is strongly recommended that participants consult with their doctors or medical practitioners to receive medical advice and/or services before beginning a weight loss and health education program. All matters pertaining to your physical health should be supervised by a healthcare professional. The information contained in NuMoxie’s True-Beginnings Health Education materials should not be considered medical advice. The ideas, thoughts, and opinions expressed herein belong solely to Numoxie Health Corporation, which is not a medical institution. NuMoxie Health Corporation, True-Beginning’s, Inc., independent educators, presenters, authors, coaches, administratorsand any and all associates and employees are not medical doctors. And statements contained in films, Internet, marketing materials, educational materials should not be considered as medical advice. Warning: If you are pregnant or breast-feeding, it is not recommend to utilize the program unless under the direction of your qualified medical practitioner. Except as otherwise noted, no statement in these materials has been reviewed or approved by the Food and Drug Administration.
By participating in the Program, the participant fully assumes any and all risks and waives all rights and claims against NuMoxie Health Corp., True-Beginnings, Inc., Independent Educators, presenters, authors, coaches and administrators for any and all adverse effects, ailments, injuries or consequences resulting from the use of any of the suggestions, preparations, or procedures discussed in the Program films and written materials. The above mentioned are not medical doctors, and statements contained in these materials should not be considered as medical advice.
Parents and guardians of children 17 and under and of handicapped household members accept full responsibility as indicated above. NuMoxie Health Corp and True-Beginnings, Inc. make no claims concerning the effectiveness of the Program or the nutritional supplements offered. Except as otherwise noted, no statement in these materials has been reviewed or approved by the Food and Drug Administration.
These statements have not been evaluated by the Food and Drug Administration. This program is not intended to diagnose, treat, cure or prevent any diseases. It is strongly recommended that participants consult with their doctors or medical practitioners to receive medical advice and/or services. All matters pertaining to your physical health should be supervised by a health care professional.
23. Disclaimers of Warranties. The products, offerings, content and materials on this website areprovided "as is" and “as available” and without warranties of any kind, either express or implied. Wedisclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non- infringement.
Neither Numoxie® health corporation, numoxie.com, any of our affiliates, nor any of our or their respective licensors, licensees, independent representatives (distributors) service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Neither Numoxie® health corporation, numoxie.com, any of our affiliates, nor any of our or their respective licensors, licensees, independent representatives (distributors), service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise.
Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms & conditions.
24. Limitation of Liability. You expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website; (b) the use of any content or other material on this website or any website or websites linked to this website, (c) the cost of procurement of substitute products and/or services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website; or (f) any other matter relating to our website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our website. The limitations of liability provided in this agreement inure to the benefit of Numoxie®, our affiliates, subsidiaries, and to all of our respective officers, directors, employees, independent representatives (distributors), attorneys and agents.If you are dissatisfied with any portion of our website, or with any of these terms & conditions, your sole and exclusive remedy is the discontinuation of your use of this website.
If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
25. Indemnification. You agree to indemnify, hold harmless and, at our option, defend and holdNuMoxie® and our affiliates, and our and their officers, directors, employees, stockholders, agents and Independent Representatives (Distributors) from any and all third party claims, demands, liability, actions, losses, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) of any kind arising from (1) your improper use of this Website, (2) your use or purchase of our products or services provided through the Website, (3) your violation of these Terms & Conditions, (4) your infringement, or the infringement or use by any other user of your account, or (5) your infringement, or the infringement or use by any other user of your account of any intellectual property or other right of any person or entity.
26. Governing Law and Choice of Forum. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Maricopa County in the State of Arizona and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
27. Affiliate Partner and Distributor Acknowledgment. NuMoxie® Affiliate Partner and Independent Representatives (“Distributors”) are independent third party contractors of NuMoxie® and NuMoxie® is not responsible or liable for the statements, acts or omissions of such Distributors, whether in connection with this Website or in any other context. You acknowledge and agree that NuMoxie® has no control over, and is not responsible or liable for any information, in any medium, provided to you by aNuMoxie’s Independent Distributor or Affiliate Partner. NuMoxie® does not confirm the accuracy or reliability of any materials created or distributed by said Distributor or Affiliate Partner in any medium, including, but not limited to, the internet.
If you are a NuMoxie® Distributor or Affiliate Partner you agree that your use of this Website is subject not only to these Terms of Use but also to the terms and conditions of your Distributor or Affiliate Partner Agreement.
28. Severability. In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
29. Headings. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
30. No Waiver. Any delay or failure by you or NuMoxie® at any time or times, to require performance of any provision hereof shall in no manner affect your or NuMoxie’s right at a later time to enforce such provision. No delay or failure of you or NuMoxie in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
31. Entire Agreement, Updates and Modifications. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between NuMoxie® and you pertaining to the subject matter hereof. In its sole discretion, NuMoxie® may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Website. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at customerservice@NuMoxiehealth.com.
32. Miscellaneous Terms. In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
CONTACT INFORMATION FOR TERMS AND CONDITIONS QUESTIONS
If you have any questions about our Terms and Conditions or feel that we are not abiding by the terms of our posted Privacy Policy, please contact NuMoxie® in any of the following ways:
Email NuMoxie® at:
customerservice@numoxie.com
Or, write:
NuMoxie Health Corporation 8924 E. Pinnacle Peak Rd., G5-498 Scottsdale, AZ 85255
Attn: Privacy Administrator
BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS TERMS AND CONDITIONS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN THAT YOU ACCEPT THOSE CHANGES.
(Modified April 19, 2021)