Terms and Conditions of Use
Please read carefully the following Terms and Conditions of Use before using this website.
Welcome to the MOXY DISTRIBUTION, INC website located at www.moxy.la (the “Site”). By using this website or purchasing products from MOXY DISTRIBUTION, INC (“MOXY”), you (“Customer”) agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
MOXY reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly.
Throughout MOXY’s website, we may refer to you as a Retailer, Reseller, Practitioner or Customer. We use these terms interchangeably to refer to all who have signed up to purchase product from MOXY. These Terms and Conditions of Use apply to you.
No Medical Advice
The products and the claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional, and carefully read all information provided on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product (including regarding any interactions between any medication you are currently taking and such products), before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem.
Who may use this service
You may use the Services only if you are 18 years or older and capable of forming a binding contract with MOXY and are not barred from using the Services under applicable law.
Products for Personal Use Only
The products available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or samples thereof that you purchase or otherwise receive from us, without a separate written agreement with MOXY. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
Terms of Sale
- MOXY reserves the right to revise the pricing of its nutritional supplement products at any time and without advance notice.
- MOXY ‘s nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
- If a MOXY product is received in damaged condition, then it should be reported promptly to the Customer Service Department.
- If a discrepancy exists between the quantity or items ordered and the quantity or items received, then MOXY should be notified within seven business days of receipt of the shipment.
- If a Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Customer error, then the Customer can be assessed a restocking fee and the shipping charges.
- Product returns should be pre-approved by MOXY and received within 30 business days of authorization of the return. Please call MOXY’s Customer Service Department and speak with the Customer Service Agent for information about returning product.
- MOXY must receive a returned product before a credit for the returned product can be issued.
- The Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
- These Terms of Sale can be revised at any time should it be determined that it is in the best interests of MOXY to do so.
Affiliate Marketing Programs
Some MOXY products can be offered as part of an Affiliate Marketing Program. MOXY will designate which customers qualify as affiliates for this purpose.
Use of MOXY Trademarks Online
Images and likenesses of MOXY’s trademarks and trade dress (including pictures of bottles bearing MOXY labeling) and copyrighted product descriptions can be downloaded from MOXY websites by Customers who have opened a MOXY account for the purpose of resale.
A Customer does not have the right to affix any MOXY trademark to any product or other material that is not a MOXY nutritional supplement product.
A Customer agrees to use the trademark symbols “™” or “®” as appropriate, when displaying MOXY’s trademarked names or products, as an attribution of MOXY’s ownership of its trademarks. The use of a MOXY trademark does not give a Customer any ownership right, title, or interest, express or implied, in the trademark.
A Customer’s use of MOXY’s trademarks should be accompanied by a statement that substantially states the following: “MOXY trademarks are used with permission.”
A Customer should not use MOXY’s trademarks except in the form, context, and location that is acceptable to MOXY. MOXY will periodically review Customer websites and MOXY reserves the right to demand that a Customer make changes to its website regarding the use of intellectual property owned or controlled by MOXY even if MOXY has previously approved or accepted the Customer’s website or the material displayed thereon.
A Customer must not use any MOXY product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.
To protect Customers and MOXY from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, MOXY products cannot be displayed or mentioned within two clicks of any disease claim.
MOXY will periodically review a Customer’s website and reserves the right to demand a Customer make changes to its website regarding any disease claim regarding a MOXY product, even if MOXY has previously approved or accepted the Customer’s website or the material displayed thereon.
MOXY reserves the right to demand a Customer make changes to its website to the extent a Customer is making statements about MOXY products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
The MOXY logo can only be used in the form supplied by MOXY for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by MOXY. The MOXY logo may be accompanied by a statement indicating “I (We) proudly offer [insert MOXY logo] products.” No other statements may be affiliated with use of the MOXY logo.
Violations of Policy
A Customer who violates MOXY’s Internet policy will receive a written notice from MOXY that the Customer is in violation of the policy. If the Customer does not come into compliance with the policy, then the Customer will no longer be able to purchase MOXY products.
A Customer who corrects their website to bring it into compliance with this policy should promptly notify MOXY. MOXY will review the website and if MOXY determines the website is in compliance with this policy, then the Customer’s account will be reactivated.
MOXY has adopted a zero-tolerance approach to this policy. Customers acknowledge that upon any subsequent breach of any provision of this policy, MOXY may terminate the Professional-Customer’s account without notice.
MOXY may, in its sole discretion, revise its Internet policy at any time.
Any failure or delay by MOXY in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent MOXY from enforcing the provision at a later date.
Copyright / Trademarks
Except where otherwise indicated, all materials presented on MOXY’s website are the copyrighted property of MOXY DISTRIBUTION, INC.
The MOXY logo and the names of various products offered by MOXY are trademarks of MOXY DISTRIBUTION, INC.
Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.
Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of MOXY, on any other website, in the source code of any other website, or in any other printed or electronic materials.
Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website’s content, or frame this website within any other website, without the prior written permission from MOXY.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from MOXY is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from MOXY.
The information and descriptions presented on MOXY websites are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.
Personal Security Code Registrations
Some portions of some MOXY websites are restricted and require a user identification code (“User ID”) and a personal security code (“Password”) for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.
In accessing portions of MOXY websites requiring a User ID and Password, you agree that MOXY is entitled to act on instructions received under your User ID and Password and that MOXY is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of MOXY.
You must keep your User ID and Password confidential and you should notify MOXY promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of MOXY’s websites has occurred or may occur. MOXY may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.
Disclaimer of Warranties
The content and materials on MOXY websites are provided “as is” and without representations or warranties of any kind, either express or implied. MOXY expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MOXY does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that MOXY’s websites, its servers, or any e-mail sent from MOXY are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
MOXY is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of MOXY, the unauthorized access to or alteration of your transmissions or data, even if MOXY has been advised of the possibility of such damages. Because some States do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.
Jurisdiction / Enforceability
Use of MOXY websites is governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any dispute concerning an MOXY website is subject to the venue of the courts of Orange County, California.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.
These Terms constitute the entire and exclusive understanding and agreement between MOXY and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MOXY and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without MOXY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MOXY may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by MOXY under these Terms, including those regarding modifications to these Terms, will be given by MOXY: (i) via email to the email address you provide us via the Services; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
MOXY’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MOXY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.