Bel Marra Health – Terms and Conditions of Use

The belmarrahealth.com website requires consideration from the user for and as a condition of your access. By reading and accepting our Terms and Conditions of Use (hereafter referred to as Terms of Use), our Privacy Policy and our Guarantee you are granting us consideration for the right to view our websites and our information.

WARNING: You are denied access to our websites unless you read our Terms of Use and Privacy Policy.

USE AND COPYRIGHTS: You are prohibited from copying, saving, printing out, selling, hyper-linking, using our URL or reproducing, in any manner whatsoever, any or the information on our websites. You may not use our websites or information for any illegal purposes. All of the content is copyrighted.

CONTENT DISCLAIMER: The opinions in our websites and our information are exactly that, the opinions of our writers and editors. Information contained in our websites is not guaranteed as accurate. The content and information is for educational use only. We make no warranty as to the suitability of content. Persons under the age of 18 are denied access to our websites and our information. None of our content is to be construed as specific individual advice. The products and information found on belmarrahealth.com are not intended replace professional medical advice or treatment. Our dietary supplements, natural health products are not intended to diagnose, treat, cure or prevent any disease or medical condition. Individual results may vary. Results may vary from those expressed in testimonials. There is no guarantee that you or anyone else will have the same or similar results. Belmarrahealth.com requires you to seek the advice of a qualified health care professional for any health concern prior to using supplements to address the concern. By viewing our content you waive all rights to claims of damages arising from the use of our websites or our information. By viewing our content you indemnify and hold us harmless from and against and all claims. The doctors are compensated by Bel Marra Health for their work in consulting, formulating and endorsing products. You should carefully read all information provided by Bel Marra Health on the website and included with a product’s packaging and labels before using any product. You should consult your health care practitioner for any health problem and before using any supplements or before making any changes in prescribed medication, lifestyle, diet or exercise routine.

REFUND AND RETURN POLICY: Bel Marra Health guarantees that you must be 100% satisfied with the product, or we’ll refund the total cost of the product(s) purchased within the last 30 days (when you return your of bottles), not including return shipping costs. After thirty days, a prorated based on the number of unopened bottles return in respect to the number of months worth of product purchased. Simply have your bottles returned to:

United States:

APS Fulfillment, Inc. c/o Bel Marra Returns Processing
1371 S.W. 8th St. #1
Pompano Beach FL 33069

Canada:

Bel Marra Health
3300 Hwy 7 West, Unit 102
Concord, ON
L4L 4M3
Canada

Returns may be refused on an individual basis due to repeat patterns indicative of abuse.

FDA AND HEALTH CANADA DISCLAIMER: These statements have not been evaluated by the Food and Drug Administration or Health Canada. This product is not intended to diagnose, cure, treat or prevent any disease.

OTHER: We reserve the right to deny access to our websites or our information by any person for any reason. Online purchases must accept the terms and conditions of the site, and by completing the checkout process you accept the terms and conditions and terms of the Bel Marra Health Guarantee. As part of your consideration to access our websites and information, and since our Terms of Use and Privacy Policy may change based on new laws and regulations, it is your responsibility to regularly review our Terms of Use and Privacy Policy for updates and changes.

HEALTH eTALK WITH THE BEL MARRA HEALTH DOCTORS e-NEWSLETTER: When you sign up for the Health eTalk with the Bel Marra Doctors, your email address and other relevant information will be added to the Bel Marra Health email subscriber list. As part of the Health eTalk with the Bel Marra Doctors e-newsletter you will receive free e-mail bulletins from editorial team at Bel Marra Health. These e-newsletters will deliver to you educational information relating to health, diet, exercise, products and sales. This is a free service that can be cancelled at any time and your email address is kept strictly confidential and will never be sold to anyone. For more details on this and to view the privacy policies of these e-mail newsletters for the Bel Marra Health Privacy Policy click here .

When you place an online order with us, or register for our e-mail communications, we collect your e-mail address, land address, and sometimes telephone number. This information will be used by Bel Marra Health for service, editorial, and marketing purposes. We will sometimes share your information with third-party vendors who assist us with the preparation and mailing of our editorial and marketing communications, and with order fulfillment facilities. We will also occasionally run joint ventures with screened partners or third-party companies for the purpose of contacting you with news about relevant products or publications.

ADVERTISEMENTS AND LINKS TO OTHER SITES: Bel Marra Health does not endorse the content on any third-party Web sites. Bel Marra Health is not responsible for the content of linked third-party sites, sites framed within the belmarrahealth.com site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the Terms and Conditions of use for those sites.

To contact us, or to opt-out from receiving our information:

By mail in Canada:

Bel Marra Health
3300 Hwy 7 West, Unit 102
Concord, ON
L4L 4M3
Canada

By mail in USA:

Bel Marra Health
One Mifflin Place, Suite 400
Cambridge, MA02138 USA

By email:

customerservice@belmarrahealth.com

1) LIABILITY LIMITATION

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BINDING ARBITRATION AND CLASS ACTION WAIVER.

a. If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the use of our site or sale of our products, these Terms and Conditions of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.

b. If you elect to seek arbitration or file a small claim court action, you must first send us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: Bel Marra Health – Harvard Square, One Mifflin Place, Suite 400, Cambridge, Mass. 02138 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.

c. If you wish to proceed with arbitration, you are required to pay a filing fee, which we will reimburse you for after we receive notice of the commenced of the arbitration process unless your claim is for greater than USD $10,000, in which event you will be responsible for filing fees.

d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.

e. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

2) ELECTRONIC CONSENT

These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.

In addition, you consent to receiving electronic communications from Bel Marra Health relating to your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods.

By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any products through the Website. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.

GENERAL: The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the Province of Ontario without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Bel Marra Health related to the Website, content or products exclusively in a jurisdiction of Ontario, Canada and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) in the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Bel Marra Health’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Bel Marra Health in writing. These terms and conditions constitute the entire agreement between you and Bel Marra Health with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Last updated: Tuesday, August 08, 2017

If you need additional information regarding these Terms of Use, please contact us at customerservice@belmarrahealth.com.