Terms of Use

TERMS OF USE OF ANCIENTNUTRITION.COM

Last Modified: October 4, 2023

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE BETWEEN YOU AND ANCIENT BRANDS, LLC AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THESE TERMS OF USE REPRESENT A BINDING AGREEMENT.

These Terms govern your access to and use of our website (www.ancientnutrition.com) and dependent pages (the “Site”) as a user, including but not limited to your purchases of our products and services. By accessing and using our Site, you agree to these Terms. We may update the Terms at any time by posting an amended version on this Site including the effective date of the updated version. By accessing the Site after we make such changes, you will be deemed to have agreed to such changes. Please check the Terms regularly, and before you submit personal information via the Site or otherwise use the Site. If you do not agree to these Terms, INCLUDING THE PROVISION FOR BINDING ARBITRATION SET FORTH BELOW, please do not use this Site.

Intellectual Property

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ancient Brands LLC, its successors and assigns dba Ancient Nutrition (“Ancient Nutrition”). The collective work includes works that are licensed to Ancient Brands, LLC. Copyright 2015, Ancient Brands, LLC. Ancient Nutrition owns all right, title and interest, including patent, copyright, trade secret, trademark, service marks, trade names and other proprietary registered and unregistered rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics, photographs and content used by Ancient Nutrition on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, audio, benchmarks or processes developed or provided by Ancient Nutrition shall be and will remain the sole and exclusive property of Ancient Nutrition.

Prohibited Uses

User is granted only a limited, revocable, non-exclusive, non-transferable license for personal access and use of the Site. User is not permitted to make any commercial use of the Site. User will not and will not permit, assist, facilitate or encourage others to: (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof; (b) copy, reproduce, transmit, scrape or distribute the Site, including through the use of a robot, spider or other automatic means; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; (e) circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; or (g) use the Site for any unlawful or improper purpose, including but not limited to solicit others to perform unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis.

Limited Personal Copies

Permission is granted to electronically copy and print limited hard copy portions of this site for the sole purpose of placing an order with Ancient Nutrition or purchasing Ancient Nutrition products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print limited portions of the material from the different areas of the Site solely for your own personal non-commercial use, or to place an order with Ancient Nutrition or to purchase Ancient Nutrition products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless expressly authorized by Ancient Nutrition in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Warranty Disclaimer

This site and the materials, services and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Ancient Nutrition disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ancient Nutrition does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Ancient Nutrition does not make any warrantees or representations regarding the use of the materials AND INFORMATION PROVIDED in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Ancient Nutrition AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS AND ASSIGNS shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages OR LOSS that result from the use of, or the inability to use, the materials on this site or the performance of the products, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE even if Ancient Nutrition has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Ancient Nutrition, its officers, directors, MEMBERS, employees, agents, licensors, contractors, service providers, suppliers, SUCCESSORS AND ASSIGNS from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Typographical Errors

In the event that a Ancient Nutrition product is mistakenly listed at an incorrect price, Ancient Nutrition reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ancient Nutrition reserves the right to refuse or cancel any such orders whether or not 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 cancelled, Ancient Nutrition shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Ancient Nutrition without notice at any time, for any reason. The provisions relating to Intellectual Property, Prohibited Uses, Warranty Disclaimer, Limitation of Liability, Indemnification, Binding Arbitration, Participation Disclaimer and Social Media and Other Postings, and Choice of Law and Forum, shall survive any termination. Any other provision herein that by its nature is intended to survive shall also survive termination.

Copyright Complaints/DMCA

Ancient Nutrition does not knowingly violate or permit others to violate the copyrights of others. We will promptly investigate any claim of infringement, and remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you believe that your work has been reproduced or used in a way that constitutes copyright infringement, please provide Ancient Nutrition with the following information under the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”): (i) identification of the copyrighted work that you believe to be infringed; (ii) identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material; (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative. Notices of claimed copyright infringement should be delivered via email to legal@ancientnutrition.com or by mail addressed to Ancient Nutrition, 2000 Mallory Lane, Suite 130-307, Franklin, TN 37067. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances following an investigation.

Notice

Ancient Nutrition may deliver other notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Ancient Nutrition.

DISPUTE RESOLUTION AND BINDING AGREEMENT TO ARBITRATe

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and ANCIENT NUTRITION are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. YOU AND ANCIENT NUTRITION AGREE TO WAIVE A JURY TRIAL. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Ancient Nutrition, its members, managers, agents, employees, successors, assigns, affiliates, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase or arising from or relating in any way to your purchase of our product or services, your use of the Site OR SERVICES, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Ancient Nutrition’s advertising, PRIVACY OR CYBERSECURITY PRACTICES or any related purchase (COLLECTIVELY, “DISPUTE”) shall be resolved exclusively and finally by binding arbitration. DISPUTES SHALL NOT INCLUDE DISPUTES, CLAIMS, OR CONTROVERSIES CONCERNING PATENTS, TRADEMARKS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Other than issues related to the Class Action Waiver (as defined below), the arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including but not limited to any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to the AAA Consumer Arbitration Rules. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Arbitration Rules. Arbitration proceedings shall be governed by this provision and the applicable AAA procedures for consumer-related disputes, in effect at the time the claim is filed. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. YOU AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS AND TO ADDITIONAL PROCEDURES TO GOVERN TWENTY-FIVE (25) OR MORE SIMILAR OR COORDINATED CLAIMS AS SET FORTH BELOW.

Mandatory Pre-Arbitration Procedure. Before initiating any arbitration, you and Ancient Nutrition must give the other party notice of the Dispute by providing written “Notice of Dispute” that is personally signed by you (if you are initiating the Dispute) or a representative of Ancient Nutrition (if Ancient Nutrition is initiating the Dispute). The Notice of Dispute must contain the following information (a) name and contact information (mailing address, email address, and telephone number); (b) detailed factual description of the nature of the Dispute; and (c) the resolution and relief sought. You must email your Notice of Dispute to legal@ancientnutrition.com or write to us at Ancient Nutrition, 2000 Mallory Lane, Suite 130-307, Franklin, TN 37067 USA. We will send any Notice of Dispute to the most recent email address we have on file for you. You and Ancient Nutrition will agree to attempt to resolve the Dispute through informal, good faith negotiations for a 60-day period after the date that a Notice of Dispute is received (or such longer period as is mutually agreed to by the parties). Either party may request a personal telephone or video conference as part of the informal negotiations. Should Ancient Nutrition request a telephone or video conference, you (and your counsel if you are represented) agree to attend this conference. Should you request a telephone conference, Ancient Nutrition (and its counsel if Ancient Nutrition is represented) agrees to attend this conference. Compliance with this Pre-Arbitration Procedure is a condition precedent to initiating an arbitration with the AAA. Neither party may initiate an arbitration unless this Pre-Dispute Procedure is complied with. If the sufficiency of either party’s compliance with the Mandatory Pre-Dispute Procedure is at issue, either party may seek court intervention, and any arbitration proceeding shall be stayed, until the court rules on the compliance issue. Such court shall have the power to enjoin an arbitration proceeding or order other injunctive relief, which includes but is not limited to enjoining the filing of a demand for arbitration and/or payment of arbitration costs and fees. Notwithstanding the foregoing, in the event that neither party seeks court intervention, either party may elect to raise the issue of a failure to comply with the Mandatory Pre-Arbitration Procedure before the arbitrator and seek relief in arbitration. The parties agree that any applicable statutory limitations period and any arbitration filing fee deadlines shall be tolled while you and Ancient Nutrition participate in the Mandatory Pre-Arbitration Procedure in any effort to informally resolve the Dispute.

To initiate an arbitration, the party seeking arbitration must write a demand for arbitration as specified in the AAA Rules. For any arbitration you initiate, you will pay the consumer filing fee under the AAA Consumer Rules, and Ancient Nutrition will pay the remaining AAA fees and costs. For any arbitration initiated by Ancient Nutrition, Ancient Nutrition will pay all AAA fees and costs.

CLASS ACTION WAIVER. IN ANY DISPUTE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR ANCIENT NUTRITION SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS OR COLLECTIVE REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY AND AN ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY SUCH CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

The AAA Supplementary Rules for Consumer Multiple Case Filings and AAA Multiple Consumer Case Filing Fees shall apply when twenty-five (25) or more similar claims are asserted against Ancient Nutrition by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them). In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Ancient Nutrition understand and agree that when twenty-five (25) or more similar claims are asserted against Ancient Nutrition or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Ancient Nutrition’s Claim might be delayed. For such coordinated actions, you and Ancient Nutrition also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Ancient Nutrition shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Ancient Nutrition’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Ancient Nutrition or you.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 et seq. (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you or Ancient Nutrition prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you or Ancient Nutrition under the standards for fee shifting provided by law. Information on AAA and its applicable rules are available at the following numbers and URL: American Arbitration Association: (800) 778-7879, www.adr.org.

(i) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION EACH OF YOU AND ANCIENT NUTRITION WAIVE ANY RIGHT TO A JURY TRIAL.

Each of you and Ancient Nutrition both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

Right to Opt Out of Arbitration. You can decline this agreement to arbitrate by emailing legal@ancientnutrition.com or write to us at Ancient Nutrition, 2000 Mallory Lane, Suite 130-307, Franklin, TN 37067 USA and providing your name, address, and telephone number, date of first access to the Site, date of purchase of product or service, IP address and a statement that you wish to opt out of this arbitration agreement. The opt out notice must be emailed or mailed no later than 30 days after you first accept this agreement to arbitrate by using this Site. YOU HAVE THE RIGHT TO CONSULT WITH YOUR ATTORNEY CONCERNING THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or Ancient Nutrition to litigate any dispute in court, then the foregoing arbitration agreement will not apply to either party, and both you and Ancient Nutrition Harvest agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, California, or the federal district in which that county falls.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU OR ANCIENT NUTRITION MAY HAVE WITH RESPECT TO THE TERMS, PRODUCTS, SERVICES OR SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF ANCIENT NUTRITION PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

This arbitration agreement will survive the termination of your relationship with Ancient Nutrition.

Choice of Law and Venue

Your use of this Site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. For any action where the Arbitration Agreement permits the parties to litigate in court, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Ancient Nutrition products) shall be in the state or federal courts located in Davidson County, Tennessee. Ancient Nutrition‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ancient Nutrition may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Ancient Nutrition or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer/Social Media and Other Postings

Ancient Nutrition does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Ancient Nutrition is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Ancient Nutrition reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ancient Nutrition in its sole discretion.

We do not claim ownership of User generated content. User generated materials, such as communications, posts, comments, feedback, suggestions, ideas, audio, video, photographs, data or other content that you submit on or through the Site (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting User Content, you grant to Ancient Nutrition a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, sell, display, transmit, publish, host, and otherwise use User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein) for any commercial or noncommercial purpose, including but not limited to for any marketing purposes without further notice to you. Ancient Nutrition retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting or posting User Content on the Site, you represent and warrant that: (i) you have all rights in and to the User Content, and the right to grant all of the rights and licenses provided for herein; (ii) you are 18 years of age or older; and (v) the User Content does not contain any unlawful, stolen or defamatory content and does not violate any individuals’ privacy rights. You are solely and exclusively responsible for the User Content and you hereby agree to indemnify and hold Ancient Nutrition and its owners, employees, agents, affiliates, suppliers, licensors, contractors, service providers, assigns and successors harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with your posting of User Content.

Third-Party Links

In an attempt to provide increased value to our visitors, Ancient Nutrition may link to websites operated by third parties. However, even if the third party is affiliated with Ancient Nutrition, Ancient Nutrition has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ancient Nutrition. These linked sites are only for your convenience and therefore you access them at your own risk. Ancient Nutrition takes no responsibility for the content and practices of third party websites.

Privacy Policy

Company’s privacy policy found here is expressly incorporated into these Terms by this reference.

ACKNOWLEDGEMENT. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. BY USING THE SERVICE, PURCHASING OUR PRODUCTS OR SERVICES, CREATING AN ACCOUNT OR OTHERWISE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Terms & Conditions of Purchase

PLEASE READ THESE ONLINE STORE TERMS AND CONDITIONS VERY CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND ANCIENT BRANDS, LLC D/B/A ANCIENT NUTRITION (“COMPANY”). BY COMPLETING YOUR ORDER OF ANCIENT NUTRITION, DR. AXE OR ANY OTHER PRODUCT OFFERED FOR SALE ON THE BELOW WEB SITE(S) (COLLECTIVELY, THE “PRODUCTS”), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, ABANDON YOUR PURCHASE OF PRODUCTS.

TERMS OF USE. The Terms of Use and Privacy Policy for our websites located at URL http://draxe.com and http://ancientnutrition.com (“Home Page”) and all subsidiary pages (collectively “Site”) under such sites are expressly incorporated into this Agreement by this reference, INCLUDING BUT NOT LIMITED TO THE DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISIONS.

ONLINE STORE. This Agreement covers the terms of our sale and your purchase of Products through our online shop located at http://ancientnutrition.com (“Online Shop” and with the Home Page and the Site, the “Website”).

CREDENTIALS. You are solely responsible for the supervision, management, and control of your login credentials. COMPANY DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credential are hereby authorized by you. You shall immediately notify Company if you become aware of any unauthorized use of your credentials and we will thereafter suspend your account as soon as practicable.

PURCHASES. You are responsible for all Product purchases and amounts due under your login credentials. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as more fully set forth in your Online Shop order.

SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.

PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.

RISK OF LOSS. All Products are shipped EXW and you shall bear the risk of loss upon our delivery of the Products to the common carrier at our shipping location. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier.

PAYMENTS. You hereby authorize Company to charge the full purchase price for Products and the shipping and handling charges and taxes due as more fully set forth in your Online Shop order to the credit card or bank account you provided incident to the order. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, we may charge and collect from you a “bad account” fee of twenty five ($25.00) dollars for any declined or rejected transaction. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Company’s billing department within 90 days after the end of the questioned billing period. Charges beyond 90 days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD, DEBIT CARD OR BANK ACCOUNT INFORMATION SUPPLIED TO COMPANY IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROM YOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL YOUR PURCHASES ON THE ONLINE SHOP AT THE PRICES IN EFFECT AT THE TIME INCURRED. You remain solely responsible to pay for Product purchases following declination of your credit card, ACH transaction, eCheck or otherwise.

TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchases of Products and authorize us to charge such due amounts in addition to the amounts set forth above.

REWARDS PROGRAMS, SUBSCRIPTIONS AND PROMOTIONS. To the extent you participate in any promotional programs offered by the Company, including without limitation the Dr. Axe Rewards Program (https://ancientnutrition.com/pages/rewards-terms-and-conditions), the Subscribe & Save Program or any other similar program or promotion, (each, a “Program”) the applicable terms and conditions of such Program shall continue in full force and effect.

PROMOTIONAL GUARANTEES AND REFUNDS. In the event you purchase Products that are subject to any limited guarantee based on express language on the Websites (e.g., “60 Days Money Back Guarantee”), such guarantee, if applicable, shall be limited solely to those Products purchased on the Online Shop and shall not apply to any other products purchased in any other store, account, site, location or channel. For purposes of calculating the relevant time period, the applicable date shall be date of purchase unless stated otherwise. Any eligible refunds will be paid using the same payment method as the initial purchase In the event you are deemed to be eligible for such refund, any costs incurred by you relating to the shipping and handling of Products shall not be refunded. Products received in connection with eligible rewards Programs may not be returned for any refund.

PRODUCT WARRANTY. Company hereby represents and warrants (the “Limited Warranty”) that the Products shall conform to their applicable food label, and be fit for human consumption for the applicable shelf life for each particular Product (as applicable, the “Warranty Period”). COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. Company will, as its sole liability and as your sole remedy for such failure, replace or refund the full purchase price of any Product that fails to meet the Limited Warranty during the applicable Warranty Period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY AND THE REPLACEMENT OR REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT SHALL BE YOUR SOLE REMEDY FOR ANY SUCH FAILURE AND COMPANY’S SOLE LIABILITY IN SUCH EVENT.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

GENERAL. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE ONLINE SHOP, OR TO THIS AGREEMENT OR TO THE PRODUCTS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of Company, but Company may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Company may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Website. This Agreement, including the Terms of Use, constitutes the entire agreement between you and Company regarding the subject matter hereof.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) revise the labelling or modify the ingredients or formula of any Products; and (c) discontinue the Website or any Products at any time. Company shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ENTER INTO AND BE BOUND BY IT.