Priority One Nutritional Supplements Inc.
Terms and Conditions Policy
FDA Disclaimer & Health Related Information
The information and contents contained in the Priority One web site (www.priorityonevitamins.com) is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this website (including, but not limited to, information that may be provided on the www.priorityonevitamins.com by healthcare or service professionals employed by or contracting with Priority One) for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging prior to use and consult with your health care professionals. Physicians with questions may contact our on-staff physician Dr. John Hahn DMP, ND, his contact is firstname.lastname@example.org
Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Any disease claims must be two clicks away from any Priority One products, pictures or information.
Terms of Sale
• Priority One reserves the right to revise the pricing of its dietary supplement products at any time and without advance notice.
• Products will be shipped according to the standard methods of shipping that Priority One has in place at the time of ordering, please see Priority One catalog for more information.
• When a product is received in a damaged condition it should be reported promptly to Priority One by calling 800-443-2039.
• When a discrepancy exists between the quantity or items ordered and the quantity or items received, then Priority One must be notified within 7 business days of receipt of the shipment.
• When a customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to customer error, the customer can be assessed a restocking fee and full shipping charges.
• All returns must be pre-approved by Priority One and received within 14 business days of authorization of the return. Please call Priority One at 800-443-2039.
• All returned products should have a copy of the original invoice with a note explaining again the reason for the return.
• Priority One must receive a returned product before a product credit will be issued.
• There is a processing fee on returned products. The customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
• These Terms and Conditions Policy can be revised at any time should it be determined that it is in the best interests of Priority One to do so.
Internet Reseller Policy
Priority One Nutritional Supplements Inc. has unilaterally adopted an Internet Reseller Policy (Internet Policy), which shall apply to all U.S. internet resellers, collectively, “Resellers”) who resell Priority One products to end users via the Internet. Priority One Nutritional Supplements Inc. is adopting this policy to help preserve its standard for providing licensed health care practitioners with high quality products and sales and technical support (“The Priority One Standard”).
Any reseller must fill out and submit to Priority One through email email@example.com or fax (360) 366-7238 a copy of Priority One’s Internet Reseller Policy. It must be signed by the healthcare professional in control of their website, and whose personal account is registered through Priority One before placing Priority One products, logos, pictures or trademarks on their website. A copy must be signed and submitted to Priority One. Internet Reseller Policy is available on www.priorityonevitamins.com or requested through approved distributors of Priority One. Priority One may suspend any account who does not comply or who has not submitted this signed policy, until compliance is satisfactory.
One aspect of meeting the Priority One Nutritional Supplements Inc. standard is to sell such products online at no less than 10% below the suggested retail prices set by Priority One. Any advertisements, discounts, rewards programs, coupons, special offers, sales, promotions, etc. must explicitly state “Not valid on Priority One Nutritional Supplements’ products” and products must check-out at no less than 10% below suggested retail pricing.
This internet policy does not apply to resellers who sell Priority One Nutritional Supplements Inc. via a web page that is protected by a customer account logins or passwords. For example, private patients being treated by the practitioner may be given a private patient code to be entered upon checkout to replicate the discount provided to patients in the practitioners’ office. This code must not be provided to any customer via broadcast email, must not be shown on the website and must not be made available to anyone other than the practitioners’ private patients. Reference upon checkout may only be as “patient code”; i.e. any word implying a discount, special, sale, coupon, etc. may not be used.
Priority One Nutritional Supplements Inc. reserves the right not to sell or supply any products to any reseller that is affiliated with a web site that violates this Internet Policy. Any Reseller reference or inference at all to discounts, price reductions, special call-in pricing, coupons, and price matching policies or another special promotion or offer on Priority One Nutritional Supplements Inc. products will be deemed to be violations of this policy and grounds for immediate suspension of affiliated Reseller’s account(s).
The Internet Reseller Policy applies to the advertised price of Priority One’s products in any and all media, including, but not limited to: flyers, posters, coupons, emails, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet, and television.
Priority One reserves the right not to sell its dietary supplement products to any customer who is affiliated with a website that violates its Internet Reseller Policy. A violation of Priority One’s Internet Reseller Policy is grounds for suspension of a customer's account.
If a practitioner fails to comply with the Internet Reseller Policy, a representative of Priority One shall notify them via phone, letter or email of the violation and may place the practitioner's account on hold until the online pricing has come into compliance. If a practitioner repeats a violation of the above conditions, Priority One reserves the right to immediately revoke the practitioner's wholesale purchasing privileges and, without notice, take any additional action it deems necessary against the practitioner or distributor that violates this policy.
The Internet Reseller Policy does not apply to advertising direct from the practitioner's office to their private patient base.
Affiliate Marketing Programs
Priority One’s products cannot be offered as part of an Affiliate Marketing Program. Priority One uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program.
Restrictions on Use
You are permitted access to this site for personal, non-commercial purposes only and you may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Priority One’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Priority One. For purposes of these Terms and Conditions Policy, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Priority One in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Use of Priority One’s Trademarks on the Internet
Images and likenesses of Priority One’s trademarks and trade dress (including pictures of bottles bearing Priority One’s labeling) can be requested from Priority One’s marketing department from this website by professional customers who have opened a Priority One customer account.
A customer does not have the right to affix any Priority One trademark to any product or other material that is not a Priority One dietary supplement product.
A customer agrees to use the symbols &trade and ®, as appropriate, when displaying Priority One’s trademarked names or products, as an indication of Priority One’s ownership of its trademarks. The use of a Priority One’s trademark does not give a customer any ownership right, title, or interest, express or implied, in the trademark. Logo’s or labeling may change without notification, check regularly with Priority One to ensure complete compliance.
A customer's use of Priority One’s trademarks must be accompanied by a statement substantially as follows: "Priority One’s trademarks are used with permission."
A customer must include on all website pages that reflect Priority One’s products a statement substantially as follows: "This website is not owned or operated by Priority One does not guarantee that the products resold on this website have been stored in appropriate conditions to maintain shelf-life."
A customer must not use Priority One’s trademarks except in the form, context, and location that are acceptable to Priority One. Priority One will periodically review a customer's website and reserves the right to demand that a customer make changes to its website regarding the use of intellectual property owned or controlled by Priority One, even if Priority One has previously approved or accepted the customer's website or the material displayed thereon.
A customer must not use any Priority One product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, keyword, or file name.
Priority One Nutritional Supplements Inc product line of vitamins are not intended to diagnose, treat, cure, or prevent any disease. All companies presenting Priority One due to FDA regulations require a box with this statement in it *These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
In an effort to protect its customers and Priority One from potential 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 that could be associated with its dietary supplements, Priority One products may not be displayed or mentioned within two clicks of any disease claim. All FDA guidelines and laws are applicable to any company, physician or person using Priority One Nutritional Supplements line of supplements, all individuals are required to know and keep update on all FDA laws and implement them.
Priority One 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 Priority One product, even if Priority One has previously approved or accepted the customer's website or the material displayed thereon.
Priority One reserves the right to demand a customer make changes to its website to the extent a customer is making statements about Priority One products in any manner that violates 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.
If you are not in compliance with FDA regulations and guidelines and you are selling Priority One vitamins you are releasing Priority One of any liability associated with your website, or in office dispensary. In buying our supplements from Priority One or through a third party distributor you are in acknowledgement that you agree with this policy and release any liability from Priority One Nutritional Supplements Inc. or any subsidiaries of Priority One Group of Companies.
Violations of Policy
Every effort will be made to contact any violator of Priority One’s Internet Policy through phone, email or letter. Any Priority One account or an account through a distributor may be suspended at any time without prior notification if Priority One feels there has been a violation of a policy. You may contact Priority One and ask for notification as to why your account was suspended.
A customer who corrects the violation to bring it into compliance with this policy should promptly notify Priority One. Priority One will review the website and if Priority One determines the website has been brought into compliance with this policy, the customer's account will be reactivated. Priority One has adopted a zero-tolerance approach to this policy. Customers acknowledge that upon any subsequent breach of any provision of this policy, Priority One may terminate the customer's account without notice.
Copyright / Trademark / Logo
The Priority One logo can be used only in the special form supplied by Priority One for use on the Internet; neither the file name nor the name of the image may be changed or modified from the original form supplied by Priority One. Reseller agrees to use the symbols ™ and ®, as appropriate, when displaying the Trademarks, which is intended to indicate Priority One Nutritional Supplements Inc. ownership of the trademarks and shall not be construed as a claim to ownership by reseller. Reseller’s use of the Trademarks must be accompanied by a statement substantially as follows: “[Insert the trademark(s)] are trademarks of Priority One Nutritional Supplements Inc. and are used with permission.” The Trademarks are solely and exclusively the property of Priority One Nutritional Supplements Inc. Reseller shall not have any ownership right, title, or interest, express or implied, in the Trademarks. Reseller shall not use the Trademarks except in a form, context and location that are acceptable to Priority One Nutritional Supplements Inc. No other statements may be affiliated with use of the Priority One’s logo.
Except where otherwise indicated, all materials presented on this website are the copyrighted property of Priority One Nutritional Supplements Inc. The Priority One logo and the names of various products offered by Priority One are trademarks of Priority One Nutritional Supplements 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, and other proprietary notices 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 Priority One, 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, re-publish, 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 Priority One.
Priority One Nutritional Supplements Inc. may review Reseller’s Web site at any time and reserves the right to require Reseller to make changes to it based upon use of any intellectual property owned or controlled by Priority One Nutritional Supplements Inc., even if Priority One Nutritional Supplements Inc. has previously approved or accepted Reseller’s web site or the material displayed thereon. Reseller may not use Priority One Nutritional Supplements Inc. product names, trademarks or copyrights as a part of a URL (Universal Resource Locator), secondary level domain name, meta-tags, key works, or file names.
Priority One reserves all rights to claim monetary damages for the misuse of its trade names, marks, and or any liability for claims made that misrepresent it or its products.
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 Priority One, is prohibited. Linking from another website to any page in this website is prohibited without prior written permission from Priority One.
The information and descriptions presented on this website are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use. Please consult your physician for healthcare advice.
This website may contain links to other Internet websites ("third-party websites") that are not maintained by Priority One. These links are provided solely for your convenience. Priority One makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites. Priority One recommends you take the time to read the privacy policies and user agreements of any third-party website.
Limitation of Liability
Priority One shall not be 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, this website or the content found on this website, or, unless resulting from the gross negligence or intentional actions of Priority One, the unauthorized access to or alteration of your transmissions or data, even if Priority One 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.
PRIORITY ONE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PRIORITY ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PRIORITY ONE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PRIORITY ONE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Priority One may, in its sole discretion, revise its Internet policy, Reseller Internet Policy or Terms and Conditions Policy at any time.
Any failure or delay by Priority One in enforcing any provision of its Internet policy, Reseller Internet Policy or Terms and Conditions Policy will not be considered a waiver of such provision and will not prevent Priority One from enforcing the provision at a later date.
Jurisdiction / Enforceability
Use of this website is governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of laws. Any dispute concerning this website is subject to the venue of a court of competent jurisdiction in Whatcom County, Washington.
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.
Priority One Nutritional Supplements Inc.
2681 Delta Ring Road
Ferndale, WA 98248