Terms and Conditions
Terms & Conditions on everydaycountsnutrition.com
Thank you for choosing to use the Every Day Counts Nutrition, LLC's ("Every Day Counts Nutrition®") e-commerce site at everydaycountsnutrition.com (our "Site"). These terms and conditions apply to all individuals, companies and organizations that register to buy Products on our Site (each such individual, company or organization is referred to in these terms and conditions as “User” or “you”), and constitute a binding, legal agreement (“Agreement”) between User and Every Day Counts Nutrition, LLC If you are ordering Products on behalf of the organization with which you are employed, you represent and warrant that you have full power, authority and legal capacity to enter into this Agreement and bind your employer, company or organization.
User Registration and Information.
In some cases, you may be required to register on the Site. If you are required to register, you represent and warrant that you have completed, or that you will promptly complete, all information in the User Registration form provided by Every Day Counts Nutrition, LLC on our Site (“User Information”) correctly and completely. In the event that any of your User Information changes in the future, you agree that you will promptly update your registration information on our Site.
If you register on the site, you will have the opportunity to select a User ID and Password during the User registration process. You are solely responsible in all respects for: (a) all use of our Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access our Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding our Site of which you are aware. Every Day Counts Nutrition, LLC may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for other reasons as determined by Every Day Counts Nutrition, LLC.
These terms and conditions govern the sale of products ("Products") by Every Day Counts Nutrition, LLC on our Site. Every Day Counts Nutrition, LLC’s acceptance of all orders and all offers and sales by Every Day Counts Nutrition, LLC are subject to and expressly conditioned upon User's assent to the terms and conditions of this Agreement, and User's acceptance of any offer by Every Day Counts Nutrition, LLC must be made on such terms and conditions exactly as offered by Every Day Counts Nutrition, LLC. Every Day Counts Nutrition, LLC has priced all of its Products based upon the provisions in this Agreement. All orders must be paid at the time of order. If you have any questions about your order, please contact us at https://www.everydaycountsnutrition.com/contact
We accept Visa®, MasterCard®, American Express®, Discover®, & JCB Diners Club® credit & debit cards. Our credit transactions are processed by Stripe®.
Authorization for product returns must be approved by Every Day Counts Nutrition, LLC Service Department. Unopened packages may be returned within two weeks (10 working days) of receipt of Products. Every Day Counts Nutrition, LLC will pay shipping only if the return is a result of an error on its part. Every Day Counts Nutrition, LLC reserves the right to be the sole determinant of error.
Opened Product may only be returned if the product is defective. Customer Service must be notified within 30 days of the defect and approve the return. No Product can be returned after thirty (30) days.
Product Replacement / Refund.
Defective Opened Product.
Every Day Counts Nutrition, LLC will replace defective product so long as the defect is reported during the applicable reporting period and verified by the Customer Service team of Every Day Counts Nutrition, LLC. If Every Day Counts Nutrition, LLC is unable to replace any such products, Every Day Counts Nutrition, LLC will refund the product purchase price within 7 business days after confirmation of the defect by the Customer Service team of Every Day Counts Nutrition, LLC
Every Day Counts Nutrition, LLC will have no responsibility for any damages to the Products in the event that the products: (i) are improperly handled by the shipping carrier after delivery to carrier in good order; (ii) are subject to extreme atmospheric conditions by carrier or Customer; (iii) are misused in any manner by carrier or Customer; (iv) are modified in any way, including but not limited to by incorporation into or integration with other products; (v) are not used in accordance with accompanying instructions, industry standards and practices; or (vi) are used for a different purpose than intended.
Provided that the unopened product is properly reported within the applicable notification period and is approved for return, Every Day Counts Nutrition, LLC will refund the product purchase price within 7 business days after receipt of the unopened product by the Customer Service team of Every Day Counts Nutrition, LLC All unopened product must be returned in original condition, with all seals and other components fully intact and all unopened product must be suitable for resale upon receipt by Every Day Counts Nutrition, LLC. If the returned product has been tampered with or opened by customer, no refund will be made to customer.
Every Day Counts Nutrition, LLC attempts to be as accurate as possible in its Product descriptions. However, Every Day Counts Nutrition, LLC does not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition.
Products will be shipped via USPS unless otherwise specified at time of order, and shall be deemed delivered to User when delivered to the transportation company at the shipping point. Shipping charges will be added to your invoice. Each shipment shall be considered a separate and independent transaction and payment for each shipment shall be due accordingly.
User will be provided with an expected ship date upon order. This date constitutes a good faith estimate and is not binding. Every Day Counts Nutrition, LLC will notify the User in a timely fashion if ordered goods are not available. Every Day Counts Nutrition, LLC is not liable for losses, damages or penalty as a result of any delay in shipping ordered Product.
Risk of Loss.
Risk of loss or damage to the Products shall pass to User upon delivery of the Products to the Transportation Company at the Shipping Point. Confiscation or destruction of, or damage to, the Products following delivery to the transportation company at the shipping point shall not in any way affect the liability of User to pay the purchase price. User shall inspect the Products upon receipt and notify the transportation company when there is evidence of shipping damage.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Every Day Counts Nutrition, LLC and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Every Day Counts Nutrition, LLC’s trademarks on any other website is strictly prohibited. All of the materials contained on the Site are copyrighted except where explicitly noted otherwise. Every Day Counts Nutrition, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This Site may contain hyperlinks to third-party websites. Every Day Counts Nutrition, LLC does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Every Day Counts Nutrition, LLC is not responsible or liable for any content or other materials on these third party websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EVERY DAY COUNTS NUTRITION, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERY DAY COUNTS NUTRITION, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERY DAY COUNTS NUTRITION, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERY DAY COUNTS NUTRITION, LLC DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. THEIR SERVERS. OR E-MAIL SENT FROM EVERY DAY COUNTS NUTRITION, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERY DAY COUNTS NUTRITION, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law and Severability.
These Terms & Conditions shall be governed by and construed in accordance with the laws of Georgia without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms & Conditions and or your use of the Site resides in the courts located in Georgia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
You agree to indemnify, defend, and hold Every Day Counts Nutrition, LLC and each of its agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms & Conditions.
Every Day Counts Nutrition, LLC has the right to terminate your account and access to the Site for any reason, including, without limitation, if Every Day Counts Nutrition, LLC, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Terms & Conditions. Every Day Counts Nutrition, LLC may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.