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Gundry MD® Ambassador Program

Terms & Conditions

As a participant in the Gundry MD Ambassador Program (the “Program”), you agree to the following terms and conditions:

These terms and conditions constitute an agreement (the “Agreement”) by and between Agoura Health Products, LLC d/b/a Gundry MD (hereafter, “Company,” “we,” “us,” or “our”) and you.

  1. The Program. You agree to promote Gundry MD’s products (the “Products”) to your referrals via in-person meetings, telephone and/or email communications, your personal or business website, and/or and your personal or business social media platforms (collectively, the “Approved Channels”) pursuant to the terms and subject to the conditions set forth below, and we agree to pay you commissions based on the number of completed Product purchases made by your referrals, as set forth in more detail on Exhibit A, attached hereto. As part of the Program, we will provide you with an individual referral code (the “Code”) for your referrals to use when purchasing Products from the Gundry MD website (www.gundrymd.com) (the “Website”), which will allow us to track such purchases. Products must be purchased from the Website in order for you to earn commissions.

 

B. Licenses to Use Content.

  1. License to You. As a participant in the Program, you may have the opportunity, from time to time, to receive marketing or promotional materials from us in order to assist you with promoting the Products to your referrals. Subject to the terms and conditions of this Agreement, Company hereby grants you a limited, revocable, non-transferable, non-exclusive license to use and display any logos, trademarks, product information and/or other content (collectively, the “Content”) that Company makes available to you, solely in the Approved Channels and in connection with your participation in the Program. You may not alter, modify or change the Content in any way. Your license to use the Content is, at all times, subject to compliance with the Program Restrictions below. Upon termination of this Agreement, any and all licenses you have with respect to the Content shall automatically terminate, and you will immediately stop using the Content.

  2. License to Company.

    As a participant in the Program, you also may elect to share ideas, concepts, information, data, text, photographs, graphics, videos, music, sound, messages, comments, advertising and other promotional materials or events, personal information (such as name, age and city and state), advice, tips, opinions and other materials with the public and/or us (collectively, and excluding any Content that we provide to you, “Your Content”).  You may also agree to create and submit certain Content upon Company’s request, which will also be considered Your Content.

    By submitting, emailing, posting, uploading, or otherwise providing Your Content directly to Company or publicly on any website, blog or social media post that includes the hashtag “#gundrymd”, “#gundryambassador” or “@gundryMD”, You hereby grant to Company and its successors, licensees and assigns, the worldwide, perpetual, royalty-free, nonexclusive, irrevocable right (but not the obligation) to modify, edit, use and commercially exploit Your Content, or any part thereof, any form, media, or technology now known or later developed for any purpose, in connection with the advertising, sale, distribution, and other types of exploitation of Company’s brand, websites, social media accounts (including, but not limited to, any paid social media advertising) and products.  Company and its successors, licensees and assigns shall also have the right, but not the obligation, to use your name, social media account name(s), image, likeness or other personal information provided in connection with Your Content (such as your age and city and state) in connection with any use or publication of Your Content.

    You agree that we may use Your Content without any further consent by you or any third parties, and without the necessity to provide any notice, credit or compensation to you or any third parties.  You represent and warrant that you own or otherwise control any and all rights in and to Your Content (with the exception of any Content provided to you by us) and that our public posting and use of Your Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.

 

C. Program Rules & Restrictions. As part of your participation in the Program, you agree to comply with the following rules and restrictions:

  1. You must disclose that you are a “Gundry MD Ambassador” in all of your marketing materials and communications with potential customers. Remember to always disclose that you are a Gundry MD Ambassador with the hashtag #GundryMDAmbassador or mentioning it in the caption
  2. You may not, under any circumstances, present yourself as an employee, partner, authorized distributor or reseller, or are otherwise associated with Gundry MD. Employees of Gundry MD and its respective affiliates, subsidiaries, advertising or promotion agencies are not eligible to participate in the Program.
  3. You may not purchase the Products for resale.
  4. You may not promote the Products or post any Content in any printed publications including, but not limited to, newspapers, classified advertisements or billboards, or via any Internet advertisement (such as incentivized clicks/traffic, banner advertisements, Facebook or Instagram advertisements or use of any offer boards).
  5. You may not post your Code or Ambassador Discount Link in the “Comments” section of any of GundryMD’s social media posts or advertisements, including, without limitation, GundryMD’s Facebook and Instagram feeds and advertisements.
  6. You may only promote the Products in a manner consistent with the Product labels, our Website and any applicable Content that you receive from the Company; you may not make any additional claims regarding the usage or effectiveness of the Products.
  7. All marketing materials and/or communications that contain a description of Product benefits and/or testimonials must include the disclaimer “*Individual results may vary.” in close proximity to each such description or testimonial.
  8. All marketing materials and/or communications intended to recruit additional ambassadors for the Program must include disclaimer “*No income guarantee.” in close proximity to the recruitment offer.
  9. Your website may not show up in a superior position in search for a term directly linked to one of our brands. If it does, you must take the appropriate steps to either no longer be indexed for the phrase or strip keywords used in on-page SEO tags and text to fall out of the index for the relevant term(s).
  10. Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (e.g. “website.com”).
  11. Any promotion of Gundry MD supplements cannot be in direct relation to the Plant Paradox Diet. If you are promoting any benefits or a personal experience of the Plant Paradox Diet, it must be done separately to any benefits of the Gundry MD supplements. Likewise, if you have a Plant Paradox diet blog, the promotion of Gundry MD supplements must be done on a separate page of your blog to avoid any accidental claims. Keep in mind, that as with the supplements, diet results will always vary, and it is very important to disclose this information when promoting anything that is not regulated by the FDA.

 

PPC GUIDELINES

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

  1. You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
  2. Trademarked terms are inclusive of our brand names as well as product names.
  3. You may not use our trademarked terms in sequence with any other keyword (i.e. Gundry MD Coupons).
  4. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
  5. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed from an actual page on your website.
  6. You may not bid in any manner appearing higher than Gundry MD™ for any search term in position 1-5 in any auction style pay-per-click advertising program.

 

If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your campaigns and we  strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to $0 without warning if you engage in PPC trademark bidding that uses our trademarked terms.

D. Your Responsibilities. In order to participate in the Program, your responsibilities include, but are not limited to:

  1. Promoting the Products only in the Approved Channels and expressly provided in this Agreement;
  2. Using any Content provided to you by Company only as expressly provided in this Agreement;
  3. Obeying all applicable laws;
  4. Completing all required paperwork and ensuring that your Ambassador account information is, at all times, current; and
  5. Ensuring your compliance with all terms and conditions of this Agreement.

 

E. Representations and Warranties. You hereby represent and warrant to us as follows:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
  3. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
  4. Each sale referred by you to us is valid, genuine, unique and not fraudulent. You may not use your Code for personal Product purchases.

 

F. Order Processing; Customer Information. All Product orders will be processed and fulfilled by Company, and we reserve the right to reject any order that does not comply with any of Company’s requirements for order placement, as may be established from time to time. All customers who purchase from Company are automatically enrolled in Company’s email marketing list and, if applicable, telephone marketing list, and these customers may receive communications from Company from time to time with Product discounts and special offers.

G. Relationship of Parties. You and Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on Company’s behalf.

H. Term and Termination. The term will begin upon your acceptance of this Agreement and will end when terminated by either party. Company reserves the right to remove any participant or terminate or suspend the Program, in whole or in part, at any time without notice in its sole discretion. Except for a termination for breach or violation of law, you will be eligible to earn commissions on completed Product purchases occurring up to and including the termination date. In addition to its other rights and remedies under this Agreement, Company may withhold all accrued commissions from any participant who breaches the terms and conditions of the Program or this Agreement, or violates any applicable law or regulation. Upon any termination of this Agreement, the rights and obligations of both parties will be extinguished, except that the rights and obligations of the parties under Sections D – H and J – N, together with any accrued by unpaid payment obligations of us pursuant to this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

I. Modification. We may modify the Program terms and conditions contained in this Agreement in our sole discretion by sending notice of such modification to you. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the effective date of any modification will constitute your binding acceptance of such modification.

J. Indemnity. You agree to defend, indemnify and hold Company, our affiliates and licensors, and our and their respective managers, members, employees, officers and representatives, harmless from and against all claims, damages, losses, liabilities, costs, or expenses (including attorney’s fees), joint or several, of whatever kind or nature relating to (a) your use of the Content, Codes, Products or your promotion of the Products in any manner that violates this Agreement, the terms of the Program, or applicable law; (b) any misrepresentation of a Product or Company representation or warranty by you or your violation of any term or condition of this Agreement; (c) Your Content; or (d) your negligence or willful misconduct.

K. Intellectual Property. YOUR USE OF OUR CONTENT AND DISTRIBUTION OF OUR PRODUCTS IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER, SHALL, IN ADDITION TO BEING A BREACH OF THIS AGREEMENT, CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILLFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS. IN ADDITION TO OUR OTHER RIGHTS AND REMEDIES UNDER THIS AGREEMENT, WE MAY ALSO SEEK INJUNCTIVE OR OTHER RELIEF IN ANY COURT OF COMPETENT JURISDICTION FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF OUR OR ANY OTHER PERSON OR ENTITY’S INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR RIGHTS IN THE CONTENT AND PRODUCTS ARE OF A SPECIAL, UNIQUE, EXTRAORDINARY CHARACTER, GIVING THEM PECULIAR VALUE, THE LOSS OF WHICH CANNOT BE READILY ESTIMATED OR ADEQUATELY COMPENSATED FOR IN MONETARY DAMAGES.

L. Disclaimers. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PROGRAM OR THE PRODUCTS, CONTENT, CODES AND OTHER INFORMATION PROVIDED BY US OR OUR AFFILIATES IN CONNECTION WITH THE PROGRAM (COLLECTIVELY, THE “PROGRAM MATERIALS”). EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM AND PROGRAM MATERIALS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE PROGRAM OR PROGRAM MATERIALS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OR ANY WEBSITE BELONGING TO COMPANY OR ITS AFFILIATES AND LICENSORS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE PRODUCT INFORMATION PROVIDED ON COMPANY’S WEBSITES IS INTENDED FOR GENERAL KNOWLEDGE AND IS NOT INTENDED TO BE, OR IS, MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL ADVICE, NOR IS THIS INFORMATION INTENDED TO BE, NOR IS IT, TREATMENT FOR SPECIFIC MEDICAL CONDITIONS. YOU AND YOUR REFERRALS SHOULD NOT USE THIS INFORMATION TO TREAT, DIAGNOSE OR ATTEMPT TO CURE A HEALTH PROBLEM OR DISEASE. IF YOU OR YOUR REFERRALS HAVE, OR SUSPECT YOU OR THEY HAVE, A SPECIFIC MEDICAL CONDITION OR DISEASE, PLEASE CONSULT A HEALTHCARE PROVIDER.

M. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH (1) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (2) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (3) ANY TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

N. General Provisions. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and permitted assigns. Company may assign its rights and obligations hereunder to any third party at any time. Any specific right or remedy provided in this Agreement shall not be exclusive but shall be cumulative upon all other rights and remedies set forth in this section and allowed under applicable law. The parties acknowledge that this Agreement expresses their entire understanding and Agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in this Agreement. For the purposes of interpretation, the parties agree that this Agreement shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remainder shall remain valid and enforceable according to its terms. Captions and section headings used in this Agreement are for convenience only and are not a part of this Agreement and shall not be used in construing it. This Agreement shall be governed by the laws of the State of California and you irrevocably submit themselves to the venue and jurisdiction of the State and Federal Courts of the State of California, Los Angeles County.

Pursuant to California Civil Code Section 1717, in the event that any party should default under this Agreement and/or in the event that legal or other action is required to enforce any party’s rights under this Agreement, then the party in default shall pay the party forced to enforce its rights hereunder for the reasonable attorneys’ fees and other related costs and expenses incurred in connection with the enforcement of this Agreement.

BY PARTICIPATING IN THE GUNDRY MD AMBASSADOR PROGRAM, I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME A PARTICIPANT UNDER THESE TERMS AND CONDITIONS.

EXHIBIT A
COMMISSIONS AND PAYMENT TERMS

Commissions: 20% of completed “Front End” and “Upsell” Product purchases made using your Code, calculated before taxes and shipping costs.  A “Front End” Product purchase occurs when a customer purchases an item off of the Website, www.gundrymd.com. An “Upsell” Product purchase occurs when a customer completes a purchase of additional Products via offers that are presented to the customer immediately after completion of the Front End Product purchase.

Company may, from time to time, offer additional compensation opportunities, such as a referral bonus.

Payment Terms: While you are a participant in the Program in good standing, you will be paid a commission for each completed Front End and Upsell Product purchase made by one of your referrals using your Code.  Your commission will be calculated based on each order subtotal (i.e., before taxes and shipping costs).  All payments will be made in U.S. Dollars, and will be issued on or before the last day of the month following the month in which the commissions were earned (e.g., payout for August commissions will be made by September 30th). Domestic payments will be sent to you via direct deposit. To receive payments via ACH/Direct Deposit, you must provide the Company with your ACH/Direct Deposit forms and completed W-9. International Payments will be sent via wire and must reach a minimum of $150 earned commission to prompt a wire transfer. To receive payments via wire, you must provide Company with your wire banking information and completed W-8. All forms can take up to one month to process. Commissions are paid out by the end of the month following the month it was earned.

Commissions will be paid in accordance with the then-current information in your Ambassador account.   All commissions payments earned by you will be held by Company until all required forms have been completed and submitted.  Failure to submit your W-9 or W-8 within two (2) months of activation of your Gundry MD Ambassador account will result in deactivation of your account, and all commission payments earned by you shall continue to be held by Company until the completed W-9 or W-8 is submitted.  It is your sole responsibility to keep your account information (including, but not limited to, your name, address, email address, bank account (for ACH/Direct Deposits) and telephone number) current.

Product Returns: In the event that Company receives an unusually high number of Product returns for sales made using your Code, as determined by Company in its sole and exclusive discretion, Company reserves the right to deduct the Commissions previously paid to you for the returned Products from your future Commission payments.

Updated Privacy Policy

We've revised our Privacy Policy pursuant to GDPR.
Please take a moment to review.

EU PRIVACY POLICY This privacy policy is only applicable to European Union residents. We respect your privacy and appreciate the importance of your trust. As part of our efforts to help you understand how we handle the personal information you share with us, and in compliance with the European General Data Protection Regulation (“GDPR”), please review the following terms carefully. 1. General Terms. As more fully described below, we may collect and process certain information that is provided by you to us. We have a legal basis for collecting and processing such information because:
  • You have given us permission to do so;
  • We must provide services to you in conjunction with a purchase order that you have placed on our website; and/or
  • We are required to do so in order to comply with applicable law.
The Section below describes the types of information that we may collect from you and our business purposes for collecting such information. 2. What is Not Covered in this Policy? Our website sometimes links to services run by other companies, such as paying for product orders through PayPal®. Those companies have their own privacy policies, so please remember that the information you provide to them will follow their policies and not ours. 3. Information that We Collect and Process. Information Provided by You: We may collect Personal Information that you provide to us. “Personal Information” is information that can be used to identify you individually, and includes items such as your name, home address, e-mail address, telephone number, demographic information, and/or payment information, such as your account or card number, if used to make a purchase from our Website. If you maintain an account on our website, Personal Information may also include a user name, password and answers to our security questions. The type of Personal Information that we may collect depends on your use of this Website and what information you provide to us. Please note that in order to purchase any of the Products offered from our Website, you will be required to provide us with your name, billing address, shipping address, e-mail address and credit card number. Analytical Information: We and our third-party service providers may also use a variety of technologies that automatically or passively collect information about how this Website is accessed and used (known as “Usage Information”). “Usage Information” may include the type of browser and device you used to access our Website, your operating system and application version, the web pages accessed by you, the time you accessed these web pages, preceding web page views, and your use of any features or applications on this Website. Statistical data like this helps us understand what is interesting and relevant to our customers, so we can best adapt our content for our customers’ benefit. We and our third-party service providers may also automatically collect an IP address, location, carrier information or other unique identifier information from the computer, mobile device, or other device you use to access this Website. We may use this information to, amongst other things, administer this Website, help diagnose server problems, analyze trends, track web page movements, improve our services, help identify you and your shopping cart, help us tailor special offers to you, and gather broad demographic information for collected use. Cookies and Other Technology: Like many sites, our Website employs cookies, JavaScript tags and Web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of our Website, recognize you and your access privileges, and track usage of our Website. Cookies are small pieces of information that are stored as text files by your Internet browser on your computer’s hard drive. We use both persistent cookies and third-party cookies. Persistent and third-party cookies enable us to track and target the interests of our customers to enhance your experience on our Website. Persistent cookies are used to make it easier for you to navigate our Website and remain on your hard drive for an extended period of time. Third party cookies are only used for short-term tracking. For example, one service we leverage is Gobot to send you messages regarding abandoned carts, shopping sessions and marketing. To enable this service, Gobot may automatically collect device type, operating system, geographic location, browser type, Internet Service Provider, and various data related to usage of our website including pages visited, links clicked, non-sensitive text entered, mouse movements, referring URL, and cookie information as detailed herein. Gobot’s privacy policy can be found here. To opt out of Gobot, click here. Most Internet browsers are initially set up to accept cookies. You may download an opt-out cookie here to disable any and all cookies we employ to track and enhance your user experience– however, your ability to use the website will be then limited and/or unavailable. Please note that this opt-out is cookie-based (i.e., a cookie must be on your computer to tell our systems that you have opted-out). If you delete, block or otherwise restrict all cookies, this opt-out may not be effective. Further, because different computers and different Internet browsers all require their own version of the opt-out cookie, you must perform this opt-out process on all computers and browsers that you wish to be opted-out. 4. Our Use and Sharing of Your Information. We use the information that we collect about you for a variety reasons, including the following:
  • Verifying your identity;
  • Fulfilling your product orders;
  • Processing any product returns, exchanges or subscriptions;
  • Responding to your questions;
  • Communicating with you about your purchases, shopping activities and other activities on this Website;
  • Inviting you to participate in a survey regarding your health, our products or websites, which are always voluntary on your part;
  • Improving the Website and our customers’ experience;
  • Sending you emails and other marketing communications; and/or
  • Sending notices or information.
  • We may also use and disclose any information that is aggregated or de-identified so that it does not identify you personally, in our discretion.
If you provide us with a payment card when placing an order on our website, we use third-parties to validate your card, authenticate your identity and “tokenize” your payment credentials to make your payments more secure. Your “tokenized” credentials will be stored in your account in order to help make future purchases more convenient. You may delete or edit the stored payment methods in your account at any time by visiting our website or contacting customer support. We may share your Personal Information as follows:
  • With our vendors, consultants, agents, contractors, and other service providers or sub-processors (discussed more fully below) that we use to support our business;
  • To provide you with any information or services that you request;
  • To respond to subpoenas, court orders, and other legal process, or as otherwise required by law;
  • To exercise our legal rights or to defend ourselves against legal claims, to enforce our contracts, to investigate, respond to and resolve problems or inquiries (including governmental inquiries), or to permit us to pursue available remedies or limit the damages that we may sustain;
  • In connection with an actual or potential merger, sale, acquisition, assignment, or transfer of all or part of our assets, affiliates, lines of business, or products and services, including at bankruptcy;
  • With our affiliates, subsidiaries, or parent companies; and
  • With your consent.
We contract with certain sub-processors to assist us in providing services to our customers. These sub-processors use the Personal Information that you submit to us in order to perform the following tasks:
  • Order processing at checkout;
  • Credit card authorization, tokenization and identity verification;
  • Order shipping and handling;
  • Emailing newsletters and other promotional materials for those customers on our mailing list;
  • Adapting content, advertisements and offers;
  • Storing and “backing up” our customer records.
5. Security and Your Information. No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we and our subprocessors maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information in accordance with data protection legislative requirements. We follow the Payment Card Industry Data Security Standards (PCI DSS) when handling credit card data. We also recommend that you take steps to protect against unauthorized access to your account through shared or public computers, devices, and applications. 6. How Long We Will Retain Your Information. We will not retain your Personal Information for longer than necessary. Your e-mail address will be retained on our mailing list until you request that we stop sending you advertising communications. We will retain your other Personal Information in order to provide you with the ability to act on our Product warranties, to fulfill any Product subscriptions and/or for business record and legal purposes. For example, we may keep just enough of your personal information to ensure that we comply with your request to erase your personal information, or to exercise or defend our legal claims. 7. Consent to Processing Information. This Website is governed by and operated in accordance with the laws of the State of California and the United States, and is intended for the enjoyment of residents of the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. 8. Third Party Links and Services. Our Website may contain links to third-party websites and products and services. We do not control such linked websites and this Privacy Policy does not apply to those websites. We encourage you to read the privacy policy of any third-party website that you visit before you provide any information to that website’s owner. 9. Our Children’s Policy. This Website is not directed to children under the age of sixteen (16). Children may not use our Website or purchase our products, and we do not knowingly collect any personal information from children under the age of sixteen (16). We have no way of distinguishing the age of individuals who access our Website. If a child has provided us with personal information, the parent or guardian should contact us to remove the information and opt out of promotional opportunities using the contact link provided below. 10. Changes and Updates to our Privacy Policy. We may change this Privacy Policy at any time without prior notice to you. Any changes that we make will be effective immediately upon our posting of the revised Privacy Policy on this Website. Your continued use of this Website constitutes your consent to any changes made. We will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted your Personal Information, unless you later consent to a revised policy. We encourage you to periodically review this page for the latest information on our privacy practices. 11. Your Personal Data Rights pursuant to GDPR. As you may know, GDPR provides European citizens certain rights with respect to the access and control of their personal data. For your convenience, we have summarized these rights here. In the event you wish to contact us regarding any of these rights, or for any other reason, please use the link provided in Section 12.
  1. Access your personal data: You have the right to be informed of and request access to the personal data we process about you.
  2. Update your personal data: You have the right to request that we amend or update personal data in our possession that is inaccurate or incomplete.
  3. Restrict the use of your personal data: You have the right to request that we stop processing all or some of your personal data.
  4. Object to or complain about the use of your personal data: You have the right to object to us processing your personal data if we no longer have a legitimate or legal need to do so. You also have the right to lodge a complaint with a supervisory authority regarding our use of your personal data.
  5. Port your personal data: You have the right to request a copy of the personal data in our possession in a machine-readable format, as well as the right to transmit that personal data for use with another party’s service.
  6. Erase your personal data: You have the right to request that we delete your personal data.
Please note that while we will try to accommodate your requests, there may be times when we might not be able to help. For example, if you have recently purchased a product from us and this product is still within its applicable Money Back Guarantee period, we will not be able to honor a request to erase your personal data unless you first agree to waive your right to the Money Back Guarantee. 12. Questions or Requests? In the event that you have any questions regarding our use of your personal information or wish to submit a request to view, modify, erase or restrict our processing of your personal information, please contact our Customer Support Team at: Telephone: (800) 852-0477 Email: [email protected] Monday – Friday 6am to 5pm PST Saturday – Sunday 6am to 4pm PST Last Revised: October 29, 2024

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