Terms of Service
This website (the “Site”) is owned and operated by Dr. Micro. (“DM”). By using the Site, you agree to be bound by these Terms of Service, and to use the Site in accordance with these Terms of Service and Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from DM. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change, modify or amend these Terms of Service or to impose new conditions on use of the Site at any time by posting the revised Terms of Service on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Medical and Health Disclaimer
Statements made within the Site have not been evaluated by the Food and Drug Administration. Products on the Site are not intended to diagnose, treat, cure, or prevent any disease.
Further, DM strongly recommends that you should seek medical advice before starting any nutritional program or product(s) to determine health risks and suitability. DM may not be suitable for everyone, so please check your medical provider prior to undertaking a program or product use. If you are taking a specific medication or have a medical condition please check with your doctor first.
DM does not aim, nor claim, to cure, diagnose or treat any illness. While the Site and other information that we may send provides general information on health and nutrition this does not in any way constitute medical advice and is not tailored to your specific requirements.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release DM from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that DM shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Pricing and Orders
Suggested Retail Price (“SRP”) is the manufacturer’s representation of value. Sales may or may not be made at this price. This price does not necessarily represent the prevailing retail price in every community, and may not represent the price at which DM sells the product.
DM may add shipping and handling fees and applicable sales/use or value-added tax. DM reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through Drmicronutrition.com.
DM reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Drmicronutrition.com, for any reason. DM reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, DM shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DM shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by DM pass to you upon DM’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of DM’s vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Sales and promotions are subject to change, and cannot be combined with other coupon codes, offers, or promotions. Unless otherwise stated, promotions cannot be combined with our “Subscribe and Save” products or Coaching options.
Returns, Refunds & Exchanges
We want you to be happy with your purchase! If you’re not satisfied, we’re not satisfied. If you are unhappy with your order, please contact our Customer Service team at support@drmicronutrition.com. We will be happy to review and resolve any issues.
Refunds are available on unopened products within 30 days of your order. If products have been opened, you will receive store credit. Please note we do not refund shipping costs unless we sent the wrong product.
All clearance, sale, promotional or free gift items are final sale and may neither be returned, nor refunded. No price adjustments will be given on prior sales.
Please send all products that are being returned to the following address: Dr. Micro Returns, 14 S Baltic Place, Meridian, ID 83642. Once your return is processed you will receive an email confirmation of the refund or store credit. Any refund will be credited back to the card used to place the order.
Please email support@drmicronutrition.com with any return policy inquiries. Our hours are Monday to Friday from 9 am to 5 pm Mountain Standard Time.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of DM and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to DM from their creation. Thus, DM shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as DM determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to DM all proprietary rights, including without limitation, all copyrights, and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that DM has the right but not the obligation to use and display any postings or contributions of any kind and that DM may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
Interactive Features
This Site may include a variety of features, such as bulletin boards, weblogs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, weblogs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
DM may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Interactive Features section may be expelled from and refused continued access to, the message boards, chats, or other public forums in the future. DM or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by DM staff, DM outside contributors, or by users not connected with DM, some of whom may employ anonymous user names. DM expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will DM, our suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of DM or any of its subsidiaries or affiliates.
DM has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that DM has the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, weblogs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Review and Testimonial Disclaimer
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
DM receives the product reviews and testimonials appearing on the Site from verified customers. They are individual experiences, reflecting the experiences of people who have used DM’s products. However, they are individual results and results vary. We do not claim that these are typical results that all consumers will achieve. The product reviews and testimonials are not necessarily representative of everyone who will use our products.
The testimonials include the original wording of the writer, except for grammatical, spelling, and typing edits, and removal of any customer comments that could be interpreted as therapeutic or cure drug claims attributed to their use of our products that would be prohibited by the FDA and FTC for dietary supplements.
DM is not responsible for any of the opinions or comments posted on our site. DM is not a forum for testimonials; however, we provide product reviews and testimonials as a means for customers to share their experiences with visitors to the Site. DM does not share the opinions, views, or commentary of any reviews and testimonials on this Site. They are strictly the views of the reviewer.
These product reviews and testimonials are not intended to make claims that DM’s products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites. In addition, DM does not operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not DM. Neither DM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, DM neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any websites by anyone other than an authorized DM representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY DM AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless DM, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND DM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS, AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by DM infringe your copyright, you, or your agent may send to DM a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon DM actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to DM a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. DM’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@drmicronutrition.com.
The Terms of Service shall be binding upon and inure to the benefit of DM and our respective assigns, successors, heirs, and legal representatives. Neither these Terms of Service nor any rights hereunder may be assigned without the prior written consent of DM. Notwithstanding the foregoing, all rights and obligations under this Terms of Service may be freely assigned by DM to any affiliated entity or any of its wholly-owned subsidiaries.
Dispute Resolution
All disputes shall be governed by and construed in accordance with the laws of the State of Idaho and any dispute shall be subject to binding arbitration in the state of Idaho.
Class Action Waiver
Any disputes with DM must and shall be on an individual basis, and no person may bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms of Service, and the remainder will be given full force and effect. If the Class Action Waiver clause is found to be unenforceable, the dispute will be decided by a court near Ada County, Idaho.