PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from Ubee Nutrition. An entity named on the invoice (“Ubee Nutrition”) that will be provided to you (“Customer”) on orders for products sold in the United States. Accepting delivery of products described on the invoice, the Customer agrees to be bound and accepts these terms and conditions. These terms and conditions apply (i) unless the Customer has signed a separate formal purchase agreement with Ubee Nutrition, in which case the separate agreement shall govern; or (ii) unless other Ubee Nutrition Standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, at Ubee Nutrition’s sole discretion. Visit this page to review current terms and conditions of sale, which are binding on you.
- Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by using any other document(s). Any attempt to alter, supplement or amend this document or enter an order for product(s) that is subject to additional or altered terms and conditions will be null and void unless otherwise agreed to in a written agreement signed by both Customer and Ubee Nutrition
- Governing law. This agreement and any sales thereunder shall be governed by the laws of the state of Florida, without regard to conflicts of laws rules.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within Ubee Nutrition’s sole discretion, and unless otherwise agreed to by Ubee Nutrition, must receive payment before Ubee Nutrition accepts an order. Payment for the products can be made by credit card, PayPal, or other prearranged payment method Invoices are due and payable within the time noted on the reverse side of the invoice, measured from the date of the invoice. Ubee Nutrition may invoice parts of an order separately. Orders are not binding upon Ubee Nutrition until accepted by UbeeNutrition.com. Any quotations given by Ubee Nutrition will be valid for the period stated in the source. The customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Ubee Nutrition reserves the right to limit the order quantity on any product and/or to refuse to ship product to any Customer for any reason, or for no reason whatsoever, with or without prior notice.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be on Ubee Nutrition’s invoice(s). Unless the Customer provides Ubee Nutrition with a valid and correct tax exemption certificate applicable to the product ship-to location before Ubee Nutrition accepts the order, the Customer is responsible for sales and all other taxes associated with the order, however, designated, except for Ubee Nutrition’s franchise taxes and taxes on Ubee Nutrition’s net income. If applicable, we will show a separate charge for taxes on Ubee Nutrition’s invoice.
- Title; Risk of Loss. Title to products passes from Ubee Nutrition to Customer on shipment from Ubee Nutrition’s facility. Loss or damage that occurs during shipping by a carrier selected by Ubee Nutrition is Ubee Nutrition’s responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer’s responsibility. Software title will remain with the applicable licensor(s).
- Warranties, Disclaimers. Ubee Nutrition disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. In addition to these terms and conditions, the Customer agrees to be bound by accepting contract terms contained elsewhere in this site.
- Refund Policy. Products purchased directly from Ubee Nutrition are subject to Ubee Nutrition’s Refund Policy may be viewed on Ubeenutrition.com.
- Ubee Nutrition conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only and while supplies last. Offers cannot be applied to previous orders. No rainchecks. Acceptance of promotional codes is at the sole discretion of Ubee Nutrition Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. Ubee Nutrition reserves the right to cancel an order if it believes a fraudulent or abusive order has been received.
- Limitation of Liability. Ubee Nutrition does not accept liability beyond the remedies set forth herein, including any liability for products for any reason. Ubee Nutrition will not be liable for lost profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
- Arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, intentional tort, and equitable claims) against Ubee Nutrition, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Ubee Nutrition”) arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Ubee Nutrition’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator and limited solely to the dispute or controversy between Customer and Ubee Nutrition. The arbitration shall be held in Palm Beach County, Florida, at the office of Ubee Nutrition, by telephone or online. Any award of the arbitrator(s) shall be final and binding on each party and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained, and claims may be filed at any office of the NAF or P.O. Box 50191, Minneapolis, MN 55405.
- Applicable Law; Not For Resale. The customer agrees to comply with all applicable laws and regulations of the various states and the United States. The customer agrees and represents that it is buying for its internal use only, not for resale. Ubee Nutrition has separate terms and conditions governing resales.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived from there.
- Acceptance. By ordering a product from Ubee Nutrition, over the internet, telephone, facsimile, or otherwise, the Customer agrees to be bound by Terms and Conditions of Sale and “Acceptance of Contract Terms” contained elsewhere in Ubeenutrition.com.