Terms & Conditions - Updated: Oct 2024

Protection of Intellectual Property Rights and License

You acknowledge that the content available on the Websites, including but not limited to text, graphics, software, music, sound, photographs, videos, and material provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Websites solely for the purpose of using or placing orders via the Websites, provided that you do not remove or obscure any copyright or proprietary notices displayed on the content. Except as explicitly stated in this Agreement, nothing herein or on the Websites shall be construed as granting any additional rights or licenses, either expressly or implicitly, under any of Lnuera’s or a third party's Intellectual Property Rights. All rights not explicitly granted are reserved.

Health and FDA Disclaimer

The information provided on the Websites, including but not limited to advice and recommendations, is not intended to serve as medical or healthcare advice, nor is it meant for diagnosing or treating any individual health problem. It is not a substitute for professional advice from a qualified healthcare provider who is familiar with your specific health circumstances. Always consult your physician or other qualified healthcare provider before taking any dietary, nutritional, herbal, or similar supplement, including Lnuera products, or starting any new treatment. You should especially seek medical advice if you are pregnant, nursing, anticipating surgery, taking medications, have any known medical conditions or health concerns, or are under medical supervision.

Statements made about the products, including those on the Websites, have not been evaluated by the U.S. Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any diseases.

Disclaimer of Warranties

Except where prohibited by law, including in the state of New Jersey, the Websites and the products are provided on an "as-is" and "as available" basis unless otherwise explicitly stated. To the fullest extent permissible by law, Lnuera disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Lnuera makes no warranty that the Websites will meet your requirements, or that access will be uninterrupted, timely, secure, or error-free. Lnuera does not guarantee the accuracy, reliability, or quality of any information obtained through the Websites.

You understand and agree that any material or data downloaded or otherwise obtained through the use of the Websites is at your own risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads. The information on the Websites is provided for informational purposes only and is not a substitute for the advice of a doctor or other healthcare professional. No advice or information obtained from Lnuera or through the Websites will create any warranty not expressly stated herein.

Links to Other Websites

The Websites may contain links to external websites or resources, including those of advertisers, which Lnuera does not control. These links are provided for convenience only and should not be interpreted as an endorsement by Lnuera of the content, products, or services offered on such third-party websites. You access and use these links at your own risk. Lnuera is not responsible for the availability, content, legality, or accuracy of these external sites, nor for any damage or loss that may result from your use of them. When you leave the Websites, you are subject to the terms and privacy policies of the third-party website.

Purchasing Items from Us

Lnuera reserves the right to modify or discontinue any products, specifications, content, or pricing on the Websites at any time without notice or obligation. While Lnuera strives to ensure that product descriptions and prices are accurate and up-to-date, it does not guarantee that the product information or packaging will be error-free or that the item you receive will match the product shown on the Websites. If a product does not meet the description, your sole remedy is to return it in unused and undamaged condition for a refund, as per Lnuera’s Return Policy.

Prices, availability, and terms of purchase may change without notice. If an error is found after your payment has been processed, and your order is canceled, Lnuera will refund your full payment.

All orders are subject to Lnuera’s acceptance. If additional information is required for your order or if Lnuera suspects improper use or intent to resell, Lnuera reserves the right to cancel or limit the order. Orders are strictly for personal use, and resale of products is prohibited. Fraudulent activities will result in order cancellation and potential legal action.

Shipping and Risk of Loss

Lnuera will add applicable shipping and handling fees to your order. Shipping timelines are estimates, and product availability may affect delivery times. If delays occur, Lnuera will make reasonable efforts to contact you. Lnuera may reject orders with delivery addresses outside the U.S.

Sales Tax

Lnuera is required to collect applicable state and local sales tax for orders shipped to certain states, which will be calculated in your final order total.

Payment Information

By placing an order through the Websites, you agree to provide accurate and up-to-date payment information. Lnuera reserves the right to cancel your order or suspend your account if fraudulent or incomplete payment information is provided.

International Orders

Lnuera may sell products outside the U.S., subject to conditions including responsibility for taxes, customs, and compliance with local laws. If ordering from Canada, you agree to limits on the quantity of consumable products ordered within a 90-day period, and authorize a licensed customs broker to handle duties and taxes on your behalf.

Electronic Communications and Agreements

By using the Websites and placing orders electronically, you agree to electronic communication and consent to the use of electronic signatures. Clicking “SUBMIT” or similar buttons constitutes a legally binding electronic signature and agreement.

Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS WEBSITES, ANY INFORMATION YOU PROVIDE VIA THESE WEBSITES, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITES WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST LNUERA, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Lnuera, and/or any involved third party relating to your account, Your Use (defined here), your relationship with Lnuera, or these Terms. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Lnuera or any third party related to your use or attempted use of the products. You, Lnuera, or any involved third party may pursue a Claim. Lnuera agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Lnuera. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Lnuera both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Lnuera will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Lnuera, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Lnuera (USA), Inc., PO Box 29502 #20782 Commencement of Arbitration. Except where otherwise prohibited by law (including, without limitation, the State of New Jersey), You and Lnuera agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Lnuera agree.

Applicable Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws thereof.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Lnuera.

Arbitration Fees. Lnuera shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if Lnuera is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Lnuera.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with Lnuera, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. This provision is the entire arbitration agreement between you and Lnuera and shall not be modified except in writing by Lnuera.

Amendments. Lnuera reserves the right to amend this arbitration provision at any time. Your continued use of any Lnuera Websites, purchase of a Lnuera product, or use or attempted use of a Lnuera product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Lnuera will provide you notice. Your continued use of any Lnuera Websites, purchase of a Lnuera product, or use or attempted use of a Lnuera product, after receiving such notice is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A LNUERA PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LNUERA (USA), INC., PO Box 29502 #20782, Las Vegas, NV 89126; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LNUERA PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF LNUERA PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.