Terms and Conditions of Use

Welcome to www.essentialnutritionusa.com (“Site”). This document (“Terms and Conditions of Use”) and the website content are provided by Essential Nutrition USA LLC (“Essential Nutrition”). All users and visitors should carefully review these terms before accessing, browsing, or using the site.

1. Purpose

These Terms and Conditions of Use define the rights and obligations of all users (“Users”). By accessing or using the Site, you acknowledge that you have read and agree to be bound by these Terms and Conditions of Use, as well as our Privacy Policy. If you do not agree with any part of these documents, you should not use the Site.

Your interactions with this Site are governed by the applicable laws of the State of Florida and other relevant privacy and data protection laws, including but not limited to the California Privacy Rights Act, Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act.

2. Definitions:

• (a) “Essential Nutrition”: Refers to Essential Nutrition USA LLC, the provider of the Site and related services.
• (b) “Site": The web environment, managed by Essential Nutrition, containing information and products.
• (c) “User": Any natural or legal person who accesses and uses the Site or services provided by Essential Nutrition.
• (d) “Customer”: Any individual or legal entity that purchases products or services from Essential Nutrition.
• (e) "Privacy Policy": The document outlining how Essential Nutrition manages User personal data in compliance with applicable laws.

3. Rules

To be considered a Customer, an individual must access the indicated link that will direct them to the marketplace or sales intermediary site for product purchases and fill out their information for registration to enable the acquisition of products and/or other benefits.

Upon filling out the required registration or purchase information and expressly accepting these Terms and Conditions of Use and our Privacy Policy via an “opt-in” checkbox, Users agree to these terms in full. If you do not accept these terms, you may not use the services provided on the Site.

Users may also provide their information on the Essential Nutrition site to receive email newsletters. You may opt out of such communications at any time by following the instructions provided in the emails.

By registering, Users confirm that they are over 18 years old and guarantee the accuracy of the information provided. Individuals under 18 may only use the services with the involvement of a parent or guardian.

We do not intentionally collect online information from children under 13. Our services are directed to adults. If we are notified that we have collected personal information as defined by the Children’s Online Privacy Protection Act ("COPPA") from a child under 13, we will delete the information as soon as possible.

Products sold through marketplaces are intended for personal consumption and not for resale.

Essential Nutrition and associated marketplaces reserve the right to use all legal means to verify the identity of Users and may temporarily or permanently disable accounts that provide false information or violate any terms or obligations related to Site use. If your registration is canceled, access to Site resources will also be disabled, with no compensation or reimbursement guaranteed.

Essential Nutrition is not responsible for the accuracy of the information provided. Users are solely responsible for ensuring the accuracy of the information they submit.

Account credentials for accessing the Site are confidential and must be kept secure. Essential Nutrition will never request your password via email or phone.

You are also responsible for all activities under your account. Essential Nutrition and its partners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their discretion.

4. Communication

By purchasing products or contacting Essential Nutrition, you authorize the receipt of electronic communications through registered means (such as email, phone, or SMS) for customer service purposes. You agree that any contracts, notifications, messages, disclosures, and other communications sent electronically satisfy all legal requirements that such communications be in writing.

For technical support or assistance, please contact us via the designated channels or email provided for resolving issues encountered during Site use.

5. Products

Essential Nutrition endeavors to accurately describe its products, but we do not guarantee that all product descriptions or content are free of errors. Prices listed on the Site may change at any time and are valid only for in-stock items at the time of purchase.

Please direct any pricing questions to Essential Nutrition.

Users should follow the guidelines for posting reviews and comments to avoid publishing illegal, obscene, defamatory content or infringing copyrights. Essential Nutrition reserves the right to remove or edit content and is not responsible for the posted content. By posting, the User acknowledges that the content may be reproduced and distributed.

All purchase conditions are determined by Essential Nutrition, and products are offered through sales intermediaries or marketplace sites. Any issues related to product purchases should be resolved through the marketplace’s system.

Users should carefully read all product labels and packaging before use. The information on the Site is not intended to replace advice from healthcare professionals. It should not be used to diagnose or treat health conditions or diseases.

Products and statements on the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult a healthcare professional before starting any diet, exercise, or supplementation program, or before taking any medication.

Essential Nutrition assumes no responsibility for third-party website actions or content, even if links to such sites are provided. Users should evaluate the privacy policies and terms of use of third-party sites.

For return and refund policies, refer to the help pages of the relevant marketplace or sales intermediary. Essential Nutrition is not responsible for products purchased on other sites.

6. Deliveries

Purchases made through the marketplace will follow the guidelines provided in the internal policies and terms and conditions of use of the respective site.

For more information, the User/Customer can contact the company via email at contact@essentialnutrition.com.

7. Site Usage

The Site is accessible exclusively via the internet, with no physical installation required on User devices. Users are responsible for obtaining internet access to use the Site.

Essential Nutrition, its subsidiaries, intermediaries, affiliates, and contractors are not liable for any damages, including but not limited to special, indirect, or consequential damages, arising from access to or use of the Site.

The Site’s features are available only to individuals with legal capacity, capable of adhering to and complying with these Terms and Conditions of Use.

8. Validity

These Terms and Conditions of Use remain effective indefinitely unless terminated by either the Customer or Essential Nutrition.

Essential Nutrition may terminate any services offered on the Site at any time, with or without cause or prior notice. Upon termination, the company may delete all files and information related to your account.

To update your registration information, please contact Essential Nutrition at compliance@essentialnutritionusa.com or through the contacts provided on the Site.

9. Privacy

By accessing the Site and using Essential Nutrition’s services, you agree to the Privacy Policy and all its provisions. The Privacy Policy is aligned with applicable laws.

We use technical, functional, physical, electronic, and procedural security measures to protect personal data. Security procedures are regularly reviewed to prioritize threat prevention.

Users are reminded to keep their Site passwords confidential. Essential Nutrition will never request your password by email or phone.

Essential Nutrition is not responsible for the privacy policies of third-party sites linked on our Site. Users should review the specific privacy policies of any third-party sites they visit.

10. Modification of Terms and Conditions of Use and Privacy Policy

Essential Nutrition may modify these Terms and Conditions of Use and the Privacy Policy at any time to reflect improvements or to comply with legal requirements.

Significant changes will be communicated via email, messages, banners, or other appropriate means.

Users must decide whether to continue using the Site after such changes. If you do not agree with the changes, you should stop using the Site and services offered.

11. Modification of Services and System Features

The Site may contain errors, inaccuracies, or typographical mistakes. Essential Nutrition may correct these and update the Site’s services and features at any time without prior notice.

12. Intellectual Property, Copyright and Trademarks

The commercial use of “Essential Nutrition,” including as a trademark, business name, or domain name, as well as all content on the Site (such as editorial materials, texts, images, programs, databases, etc.), is the property of Essential Nutrition USA LLC and is protected by copyright laws, trademarks, patents, and international treaties. Unauthorized use or reproduction of this content is prohibited without express authorization from Essential Nutrition.

Essential Nutrition holds all intellectual property rights to the Site’s content. Users agree not to reproduce, copy, republish, or distribute any Site content without prior authorization from Essential Nutrition. Downloaded or printed materials must include the copyright notice, and any rights granted may be revoked at any time.

Neither the company's name nor any of the trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without the company's prior written consent. Without limiting the generality of the foregoing, the company prohibits the use of its name or any trademarks as a link to any website unless such link is approved in advance by the Company in writing.

The User understands and acknowledges that under any circumstances, their rights concerning the Services will be limited by applicable copyright and/or intellectual property laws and these Terms of Use.

13. Warranties

The User understands and agrees that using the Essential Nutrition service and purchasing products is at their own risk. The information, software, applications, products, and services involved may contain inaccuracies and errors.

To the fullest extent permitted by law, Essential Nutrition and its affiliates disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability and non-infringement. We do not guarantee that the Site will meet your requirements, operate without interruption, or be error-free.

14. Limitations, Prohibited Activities, and Other Obligations

Users must comply with all laws and regulations related to these Terms and Conditions of Use. Prohibited activities include, but are not limited to:

- Attempting to bypass security features.

- Violating intellectual property or privacy rights.

- Engaging in reverse engineering, duplication, or unauthorized reproduction of Site services.

- Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,” "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.

- Disrupting Site operations, including virus transmission.

- Accessing third-party accounts without permission.

We will terminate the account and/or block users who violate the intellectual property rights of any other person on any of the Sites.

Considering the applicable legislation and the use of the Essential Nutrition site by Users, they must strictly observe the provisions of these Terms and Conditions of Use.

Essential Nutrition is not responsible for any loss or damage caused by Users' actions, as well as for the misuse of their information. By accepting these terms, Users acknowledge and declare awareness and agree with these Terms and Conditions of Use.

Essential Nutrition is also not liable for any damage caused by viruses or other harmful material transmitted through the Site.

The User understands and acknowledges that by obtaining any other form of access to our site other than through our official website, they will be solely responsible for any damage to their computer or data loss resulting from the use of this material or data.

Our site may contain links to other sites that we do not operate or control and for which we are not responsible. We provide these links for your reference and convenience and do not endorse the content of other sites. Essential Nutrition is not responsible for them or for any losses or damages that may arise from their use. You should review the Terms of Use, Privacy Policy, and other notices posted on such sites before using them.

15. Limitation of Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA INTERRUPTION, FAILURE TO DELIVER CONTENT, OR INCORRECT DELIVERY ARISING FROM: (A) USE OR INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR DATA; (C) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (D) DEFECT OR PRODUCT FAILURE, CLAIMS ARISING FROM NORMAL WEAR AND TEAR, IMPROPER USE, OR PRODUCT MODIFICATION; (E) ANY BUGS, VIRUSES, AND OTHER HARMFUL CODES THAT MAY BE TRANSMITTED; OR (F) ANY OTHER MATTER RELATED TO THE SITE.

16. General Information

If any part of this contract is found to be invalid or unenforceable, the remaining terms will continue to be valid.

Essential Nutrition’s failure to enforce any provision of this contract does not constitute a waiver of that provision or any other.

Essential Nutrition is committed to making every effort to ensure that its system remains always available and in good working order under the contracted terms and limits.

The User expressly authorizes Essential Nutrition to communicate with them through all available communication channels, including email, cell phone, SMS, among others, with the right to opt-out of being contacted upon the User's request.

By using any service or purchasing any product from Essential Nutrition, you agree that the applicable federal legislation and the laws of the State of Florida, without considering conflict of laws principles, will govern these Terms and Conditions of Use and any type of dispute that may arise between the User and Essential Nutrition.

17. Jurisdiction

By using the services or purchasing products from Essential Nutrition, you hereby agree that these Terms of Use, and any dispute that may arise between you and Essential Nutrition, shall be governed by and construed in accordance with the applicable federal laws and the laws of the State of Florida, without reference to any conflict of law principles.

You, as the Client/User, are prohibited from assigning this agreement or any of the rights granted herein. Any attempt to transfer such rights, duties, or obligations will be deemed null and void. Essential Nutrition reserves the right to assign or transfer this agreement or its rights and obligations under this agreement at any time, without prior notice and without obtaining your prior consent. This agreement is intended solely for the benefit of the parties named herein and does not confer any rights or benefits on third parties, whether intended or incidental.

The failure of Essential Nutrition to enforce or exercise any right or provision of this agreement shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default under these Terms shall be deemed a continuing waiver of such breach or a waiver of any prior or subsequent breach.

If any provision of this agreement, including, but not limited to, the warranty disclaimers and liability limitations set forth herein, is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision. The remaining provisions of this agreement shall remain in full force and effect.

Any dispute or controversy arising out of or relating to the interpretation or application of this agreement, your use of the website, communications from Essential Nutrition (including, but not limited to, text messages or emails), or any products or services sold or distributed by Essential Nutrition, whether through its website or any marketplace, shall be resolved through binding arbitration, rather than in court, except where your claims may be eligible to be brought in small claims court.

By agreeing to these Terms, you understand and consent to waive your right to bring a lawsuit or initiate legal proceedings in court to assert or defend your rights. Instead, you agree to resolve any disputes exclusively through arbitration.

To initiate arbitration, either party must send a written notice requesting arbitration and outlining the nature of the claim to the other party.

18. Contact Information

For any questions, comments, or complaints regarding the Terms and Conditions of Use or the Site, please contact Essential Nutrition at compliance@essentialnutritionusa.com.

The following address will receive communications:

Essential Nutrition USA LLC
8350 NW52nd Terrace Suite 301
Doral FL 33166

Last updated on: May 13, 2024.