Terms & Conditions

Welcome to Nubest.com ( the “Site”), operated by NuBest (the “Company,” “we,” or “us”). The Company offers the Site conditioned upon your acceptance of these Terms of Use (these “Terms”), and your continued use of the Site constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, do not use the Site.

Your License to Access the Site

The content, information, software, designs, and data included in the Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.

Unless indicated to the contrary, you may use the Site only for personal, non-commercial use. In connection with these uses, you may access, copy, download and print the Content made available on the Site, provided that you do not modify or delete any copyright or other notice that appears on the Content. We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:

• damage or interfere with the proper working of the Site;
• intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
• give you access to the Site or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content;
• frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
• convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims;
• otherwise adversely impact the operation of the Site, the Company, or any third party.

In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these Terms.

Registration and Access Restrictions

You are required to register with us to use certain features of the Site. You agree to (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permits such updates; and (c) use limited-access portions of the Site only using access credentials that we have issued to you.

No Professional Advice or Medical Information

The Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

Privacy

Our Privacy Policy describes our practices with regard to personal information that we collect through the Site. The Privacy Policy is incorporated into these Terms by reference, and by using the Site you agree to our use of any information that we collect from you in conformance with our Privacy Policy.

User Submissions

The Site may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to the Company a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, whether now known or hereafter invented, including for commercial or marketing purposes, and to use your name or likeness alone or in connection with such uses.

Except as provided in our Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from disclosure.

By providing User Submissions through the Site, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions:

• will be accurate and will comply with these Terms;
• will not cause injury to any person or entity, including as used by us in accordance with these Terms;
• will not include medical or other professional advice;
• will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
• will not constitute or encourage a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
• will not contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”;
• will not contain advertising or other commercial material, except with our prior written consent.

We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.

Links to Third Party Site

The Site may contain links to other sites that are not operated by our family of companies. These links are provided as a convenience to you. However, we do not represent that we have endorsed or evaluated the information on those other sites. Your relationship with the operators of these third-party sites is governed by the terms and conditions and privacy policy, if any, of those sites, and not by these Terms. Therefore, you should review those documents before using the third-party services.

NuBest Rewards Program Provisions

The following enumerated paragraphs apply to the NuBest Rewards Program, accessible at : https://www.nubest.com/rewards-program:

• Voluntary Participation and Independent Evaluation

Your participation in Our NuBest Rewards Program is voluntary and is effective until terminated by either You or Us. Either You or We may terminate Your NuBest Rewards Program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to Us by sending an email to rewards@nubest.com. Notice of termination may be given to You using the email address You provided during Your registration process. You are only eligible to accumulate Points during the term of Your NuBest Rewards Program participation.

You acknowledge that You have read, understood, and agree to all the terms of the NuBest Rewards Program. You understand that We may at any time (directly or indirectly) conduct a rewards program or programs on terms that may differ materially from those contained in this document. You have independently evaluated the desirability of participating in the NuBest Rewards Program and are not relying on any representation, guarantee, or statement other than as set forth in this document.

• Modification and Termination of the NuBest Rewards Program

We may modify any term of the NuBest Rewards Program and/or terminate the NuBest Rewards Program at any time, at Our sole discretion, by posting a notice of change or termination on the relevant website of Service. Such modifications may include, for instance, changes in the ways to earn Points, Point rates, tiers, exclusive benefits, redemption rates, redemption procedures, and applicable rules.

You can terminate Your participation in the program if any modification is unacceptable to You. Your continued participation in the NuBest Rewards Program will constitute Your binding acceptance to any changes. If We terminate Our NuBest Rewards Program, Our sole obligation will be to distribute Your Points to You, to be redeemed for discounts on Your nubest.com purchases. Our obligation is limited to a maximum of six months of Points, calculated based on Your Points for the month immediately preceding the month in which We terminate Our NuBest Rewards Program.

We reserve the right to terminate any account if We suspect that the account is linked to fraudulent matters of any kind, including reviews, disputed purchases, or credit card charges, spam (unsolicited email) and indiscriminate advertising, or intentional misuse of the NuBest Rewards Program including, but not limited to, using more than one account.

• Earning Points

We allow a maximum of 1 follow per social media account, including the NuBest Nutrition Facebook account, NuBest Nutrition Instagram account, NuBest Nutrition TikTok account, and NuBest Nutrition Twitter account.

The purchase amount discounted through vouchers or sales campaigns is not eligible to earn Points. Taxes and shipping fees are also not included in gaining Points. Sign-up points are given once in the lifetime of the account. Social follows are not applicable if completed directly through the social media account. Points are not counted for any liking or sharing of our feed posts. At this time, We do not offer Points for other social account follows. (But We would appreciate it if You do!)

• How Points are calculated:

 

 

For detailed information on NuBest Rewards Program, please visit Our Frequently Asked Questions (FAQs) section on the NuBest Rewards page at https://www.nubest.com/rewards-program. This section is hereby incorporated by reference and included as part of this document. You hereby represent that You have read the FAQs section and agree to the terms set forth therein.

Please note that all statements made by You in the NuBest Rewards Program are subject to the other provisions in the Terms and Conditions of Our websites, including User Submissions. In addition, Your voluntary participation in the NuBest Rewards Program represents that Your statements about the products are truthful and You will not make any statements and/or product claims in violation of any laws, including laws and regulations of the United States Food and Drug Administration.

We reserve the right to terminate the NuBest Rewards Program at any time and at Our sole discretion.

• Using Points

When logged into Your NuBest Rewards account, scroll down to the Redeem for Discounts section where You can redeem Your Points into discount codes to use at checkout. Or You can redeem Your Points during checkout. We have fixed redeemable amounts for you to choose from based on Your current Points and the value of Your current order. Only one discount code is allowed per order. Discount codes can be used in combination with other discounts, vouchers, offers, or promotions.

No Points will be available for Your use until You accept the most recent version of this document.

You can only redeem Points when they reach a specific required amount. After redeemed, Your Points will be automatically deducted and You will be given a discount code to use at checkout. This cannot be reversed. There is no limit on the number of discount codes you redeem.

• Program Participation

By participating in the NuBest Rewards Program, You represent that You are at least 18 years of age. The Program can only be used by one account per household. Any misuse of the NuBest Rewards Program will result in immediate termination and forfeiture of all accumulated Points.

All accounts must be in the name of a living person, not a business entity. Moreover, accounts are not personal to You. They are not transferable and are not eligible for any succession. In the event of the passing of the account owner, contact rewards@nubest.com, and the account will be closed. All eligible Points will be dispersed according to Our current documentation at that time.

Points cannot be exchanged, assigned, traded, purchased, bartered, or given as gifts, or otherwise sold. Any Points so acquired are void.

In the event of a return or exchange of any eligible purchase that initially earned Points, Points will be automatically deducted from Your account. Points will be deducted at the same rate as they were acquired.

• Confidential Information

We are committed to protecting Your privacy. We will maintain the privacy and security of all personal information collected from You, including, but not limited to name, date of birth, telephone numbers, address, email address, account number, and purchasing information.

You understand that through Your voluntary participation in Our NuBest Rewards Program, You consent to the collecting and using of this information. As part of providing You the Program, We may need to provide You with certain communications, such as administrative messages and service announcements. These communications are considered part of the NuBest Rewards Program and Your Account. The collection and use of personal information will be subject to the Privacy Policy set forth at https://www.nubest.com/privacy-policy/

• Unsubscribe

By participating in Our NuBest Rewards Program and sharing Your email address, We and/or Our service providers may communicate to You special offers, promotions, services, and program information. You can unsubscribe from receiving such messages at any time by contacting customer service of the applicable entity, updating Your online account, or by clicking unsubscribe at the bottom of any promotional email.

• No Warranty

The NuBest Rewards Program is being provided to You “as is”, with no express or implied warranty or conditions. We exclude all conditions, representations, warranties, and other terms which otherwise might be implied or incorporated into this agreement to the maximum extent permitted by law. This includes but is not limited to implied warranties and implied warranties arising from the course of dealing or course of performance.

Copyright Infringement Notice

We respect the intellectual property rights of others. If you believe that Content on the Site violates your copyright, please send us a notice using the following contact information:

Phone: +1 307-213-9119

E-mail: support@nubest.com

This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.

Your notice must include:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party;
• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Disclaimers

Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the servers that makes the Site available will be virus-free or otherwise free of harmful components; or that information on the Site will be complete, accurate or timely. If you download any materials from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us or through or from the Site will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

To the greatest extent permitted by applicable law, neither we, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Site (including any delay or inability to use the Site), (2) any information, products or services advertised in or obtained through the Site, or (3) our removal or deletion of any materials submitted or posted on the Site, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Site.

Indemnification

You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising from or in connection with your use of the Site or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company’s prior written approval.

Jurisdiction and Venue

The laws of the State of Kansas govern these Terms and any dispute of any sort that may arise between you and the Company or its affiliates, without regard to conflict of laws rules, as if entered into by residents of Kansas and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Kansas for any action relating to the Site or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes.

Entire Agreement; Severability; No Waiver

These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Site, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

How to Contact Us

If you have any questions or comments about these Terms or the Site, please contact us by:

Phone: +1 307-213-9119

E-mail: support@nubest.com