Terms & Conditions
INTRODUCTION Nouvelle Veterinary, Inc., maker of Cur-OST® pet dietary supplements, thanks you for visiting our site, www.NouvelleVeterinary.com. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS NOUVELLE VETERINARY WEB SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.CHANGES TO TERMS AND CONDITIONS WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE The information contained in this site or provided to you in response to a request made or a question asked by you or as a result of the completion of a questionnaire by you (the "Information") is provided for informational purposes only and is intended to provide users with a general understanding of certain wellness and health care topics. The Information should not be considered complete and does not cover all health issues. Nouvelle Veterinary, Inc. does not recommend the self-management of health problems nor does it endorse any particular type of medical treatment. The Information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of something you have read on this site or in response to your inquiries or questions that you do not need to consult a health care professional. Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this site or as a result of the answer to any of your e-mail inquiries. The Information is not a substitute for professional medical advice and nothing contained on this site or in a response to an e-mail is intended to be instructional for medical diagnosis or treatment.
THIS SITE IS INTENDED FOR ADULTS You should be aware that this site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By using this site, you acknowledge that you are 18 years or older.
ADVICE We do not provide any medical advice. We urge you to contact your doctor if you feel you require medical advice or treatment.
RESTRICTIONS ON USE OF MATERIALS All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of Nouvelle Veterinary, Inc.. All trademarks, service marks, and trade names are proprietary to Nouvelle Veterinary, Inc.. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Nouvelle Veterinary, Inc.. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web site or computer environment is prohibited. Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of Nouvelle Veterinary, Inc. or the respective owner of the trademark.
GENERAL 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 any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records. 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 Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. PRODUCT RETURNS (Applicable to all Products Ordered from Company) To return a Product for an exchange due to shipping damage or to return any unopened packages, please obtain a Return Merchandize Authorization ("RMA") number by contacting the Customer Care Department at 1-800-476-4702 ( Mon - Fri, 8am - 5pm EST ) or please email us at [email protected] An RMA number can ONLY be obtained by contacting the Customer Care Department by phone or email. S&H is non-refundable. Please Note: We cannot process or exchange Product marked "Return to Sender." To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. Returned Products must be sent to the following address: Nouvelle Veterinary, Inc. Returns Department 3444 Fall Creek Church Rd. Jonesville, NC 28642 We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery. *Returns without a valid Return Authorization are subject to a $10.00 processing fee. SHIPPING TERMS When we ship the Product to you, our Standard ground mail service is shipped either through the United States Postal Service or FedEx. With our Expedited Priority Processing Option (if available), we will make your shipment our priority and ship your package out the next day for all orders placed before 10PM EST (packages should arrive within five to seven (5-7) business days unless shipped through an Express shipping method). Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. We do not refund or credit shipping charges for any monthly or bi-monthly shipments. How to Change Your Shipping Please note that our Customer Care Department (available at 1-800-476-4702 or email at [email protected] can help you change your delivery schedule if you need to modify a automatic 30 day or 60 day delivery schedule. BILLING ERRORS If you believe that you have been billed in error, please notify our Customer Care Department at 1-800-476-4702 or email us at [email protected] immediately. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement. REPRESENTATIONS; DISCLAIMERS It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the United States Food and Drug Administration, and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary. The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended side effects of the Product. We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data. We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person. YOUR REPRESENTATIONS You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website. You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods). REJECTION, DAMAGE OR LOSS IN TRANSIT We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product. LIABILITY LIMITATION TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVSED 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 PRODUCTS 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. THE 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. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you. NOTICES Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of Company, the email address can be found at www.nouvelleveterinary.com. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission. TERMINATION We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations. FRAUD We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law. SALES TAX If you purchase any Products available on our websites and reside in the State of North Carolina, you will be responsible for paying any applicable sales tax. INTELLECTUAL PROPERTY RIGHTS The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company's prior written consent. CONTACT INFORMATION You can contact us via e-mail by clicking "Customer Care Link" or send an e-mail directly to [email protected] Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request. If you need further assistance, please contact us at: Tel: 1-800-476-4702 Mon - Fri, 8:00am - 5:00pm EST Last updated:8/08/2011
