All products sold on Swellnomore.com or its affiliated websites are sold by Nutritional Solutions, LLC (“Nutritional Solutions”).
The website www.swellnomore.com, (including its forums, wiki and other web resources, hereinafter referred to as, “Site”) is owned and operated by Nutritional Solutions. This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about Nutritional Solutions, products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet, supplement or exercise program.
The material contained within the Site is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where otherwise prohibited by law or regulation. Do not proceed to view this Site if you are not a legal resident of the United States of America.
Swellnomore.com —Terms of Offer
By consenting to SwellNoMore’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://swellnomore.com/pages/contact-us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Any statements on this site or any materials or supplements distributed or sold by Nutritional Solutions, have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
Products are provided with a 100% satisfaction guarantee. You may contact Nutritional Solutions at email@example.com within 60 days of the original order date for 100% refund of the product purchase price (excluding any shipping, handling or processing charges) and obtain an RMA number and shipping instructions to return any unused product. Upon receipt of your return shipment, as soon as possible, Nutritional Solutions will either cancel the original credit card authorization or issue a full refund if your funds have already been collected, and shall only be paid on a one-time basis per household (as determined in Nutritional Solutions sole discretion based on customer order data and IP address. In addition, Nutritional Solutions reserves the right to refuse a refund to anyone reasonably suspected by Nutritional Solutions to have previously taken advantage of Nutritional Solution’s satisfaction guarantee on more than one occasion. Nutritional Solution is not responsible for lost or stolen packages, in the event a package is missing, Nutritional Solutions will work on locating the package with the appropriate delivery company.
Giving you a refund in accordance with the terms and restrictions that are set forth herein is the full and complete liability that Nutritional Solutions has to you. You acknowledge the length of the refund period as set forth herein and you agree that the length of the refund period is reasonable. You further agree to try the Nutritional Solutions product during the initial 60 day period following your product order as a material consideration required by Nutritional Solutions, as part of the purchase price. You further warrant that you will make a determination during the initial 60 day period if the product is as described and to decide whether you wish to keep the product. If you do not notify Nutritional Solutions during the refund period in the manner described herein, you agree that Nutritional Solutions may construe silence as a full, complete and final acceptance of the terms of the sale of Nutritional Solutions products and you will have no further right of redress or refund for any reason. If you’re living in locations that require custom duties and/or VAT taxes to be collected you understand that, unless custom duties and/or VAT taxes are collected at the point of sale by Nutritional Solutions, Inc, you remain entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to your instructions. If, for any reason, Nutritional Solutions, Inc’s courier or freight account is charged for custom duties and/or VAT taxes, instead of you paying the referenced charges directly, then you hereby authorize Nutritional Solutions, to bill your credit card for said charges or for the return of goods if they are refused at the point of destination.
GUARANTEE AND WARRANTY
In addition to the other disclaimer of warranties and limitation of liability set forth herein, the Nutritional Solutions’ product is sold ‘as is’ and without any warranty or guarantee of any kind, whether express or implied. The Nutritional Solutions product is being sold to you with no warranty as to merchantability or fitness for a particular purpose. Nutritional Solutions doesn’t warrant or guarantee anything to you with respect to the Nutritional Solutions product. There is no ‘warranty period’. There is only a refund period as described herein. However, without waiving any rights and defenses as described herein, in the event that the Nutritional Solutions product is deemed to be allegedly defective in the sole opinion and discretion of Nutritional Solutions then the sole and exclusive remedy available to you is to accept a replacement of the Nutritional Solutions product or accept a credit toward the purchase of another product, if any, that may be offered by Nutritional Solutions, from time to time at Nutritional Solutions’ sole discretion. The period of time within which you must submit a report by email detailing in what way the Nutritional Solutions product is defective and requesting that a replacement product be shipped or requesting a refund is 60 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 60 day period, you may request and will receive a refund for any reason. During this initial 60 day period, you may request a replacement product in lieu of a refund which request may be granted by Nutritional Solutions, Inc, but Nutritional Solutions is and will continue to be under no obligation to do anything other than offer a refund to you in the amount of the initial product purchase price. If the sales or promotional material conflict with this “as is” warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using the Company’s products were made and considered by you, you understand and acknowledge that such claims may be true for the persons who made the claims, including claims made by the Company about its principals’ own experiences with the Company’s products. If you are purchasing and/or using the Company’s products as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of such product, you hereby warrant and agree that there exists some probability that the product will not deliver those same results to any particular person and that the refund of the purchase price (subject to the return of the product to the Company as described herein) is the full remedy for anyone who feels that the product did not deliver the results claimed.
You, again, warrant that you have a clear understanding and agree that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of a the Company product, the maximum amount of liability shall be the purchase price of such product.
RIGHT TO STOP SELLING COMPANY PRODUCTS TO CERTAIN PURCHASERS
You agree that the Company has the absolute and sole right to continue and/or discontinue the sale of the Company’s products at any time, for any reason, with or without notice, subject only to the return policy set forth herein. You understand that the Company may discontinue providing customer service to current or prospective purchasers of the Company at any time with or without notice subject only to the return policy set forth herein.
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, trademarks and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of the Company and/or its affiliates including Nutritional Solutions, LLC.
The copyright in all materials provided on the Site is owned by the Company and/or its affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of the Company. Site visitors may only view, copy, print, and download the materials on the Site for personal, noncommercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. The Company may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of the Company or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Nutritional Solutions, LLC, SwellNoMore or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of the Company. The Company prohibits use of its name or any of the Company’s or any of its affiliate’s logos and Trademarks as a “hot” link to any non-Company (or Company affiliate) Site, unless establishment of such link is approved in advance by the Company in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of the Company’s rights in such information and materials. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
Site User Conduct
You must be 18 years of age or older to access our Site. As a user of the Site, you agree that in connection with your use of the Site and the content you will not:
• Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable in the Company’s sole and absolute discretion;
• Impersonate any person or entity, including, but not limited to, any athlete, medical professional, government regulator, competitor, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
• Use the Site for any unlawful purpose;
• Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
• Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
• Intentionally or unintentionally violate any applicable local, state, national, supranational or international law.
The Company or any of its affiliates are free to use, and you hereby grant the Company a royalty-free, worldwide, perpetual, and irrevocable license (with the right to sublicense) to use any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you further grant the Company and its affiliates (including Nutritional Solutions) a royalty-free, worldwide, perpetual, irrevocable license (with the right to sublicense) to display, use, reproduce, or modify that information.
Disclaimer of Warranty
THE MATERIALS AND PRODUCTS CONTAINED AND SOLD THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR MATERIALS ON ANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES (INCLUDING ), OR ITS OR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, USE OF THE PRODUCTS OFFERED BY THE COMPANY OR ITS AFFILIATES (INCLUDING ), LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE PRODUCTS OFFERED BY THE COMPANY OR ITS AFFILIATES (INCLUDING ) OR THE MATERIALS ON THE SITE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Site may provide links to other World Wide Web sites or resources. The Company has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Company Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Company (and its affiliates, employees, managers, members, officers, attorneys, agents and other representatives) with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither the Company nor its affiliates or any of the Company’s or its affiliate’s employees, managers, members, officers, attorneys or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to www.swellnomore.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from the Company.
Choice of Law
By using the Site, you agree to comply with all applicable laws and regulations, including, without limitation, those of the United States. The material provided on the Site is protected by law including, but not limited to the United States copyright and trademark law and international treaties. The Company makes no representation that materials contained in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site, or purchase or use the Company products, in or from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
Copyright and Trademark Notices
All contents of the Site are copyrighted Nutritional Solutions, LLC ©2015