- User-Generated Content
- User Conduct
- Protection of Intellectual Property Rights and License
- Disclaimer Regarding Information Provided on the Website
- Disclaimer of Warranties With Respect to Use of the Website
- Links to Other Websites That Guthy-Renker Does Not Control
- Purchasing Items from Us
- Electronic Communications, Signatures and Agreements
- Communications with Guthy-Renker
- Limitation on Guthy-Renker’s Liability
- Termination of Website
- Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
- Exclusive Venue for Other Controversies
- Remedies for Guthy-Renker
- Modifications to the Agreement
- Trademark Notices
- Copyright Policy
- Guthy-Renker LLC Code of Conduct
- Other Important Terms
- i. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
- ii. modify, distribute, or re-post any content on the Website for any purpose; or
- iii. use the content of the Website for any commercial exploitation whatsoever.
- a. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- b. not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
- c. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
- d. not to use, frame, or utilize framing techniques to enclose any Guthy-Renker trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Guthy-Renker’s express written consent;
- e. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- f. not to use meta tags or any other “hidden text” utilizing a Guthy-Renker name, trademark, or product name without Guthy-Renker’s express written consent;
- g. not to deeplink to the Website without Guthy-Renker’s express written consent;
- h. not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
- i. not to collect or store personal data about others;
- j. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- k. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
- l. to be bound by the Product Submission Policies of Guthy-Renker, including that any product submission you may make to Guthy-Renker will not be held in confidence by Guthy-Renker and is not proprietary, that Guthy-Renker may use the product submission and any aspect thereof for any purposes in Guthy-Renker’s sole discretion and that Guthy-Renker owes no duties or obligations with respect to you or the product submission made; and
- m. to comply with all applicable laws regarding your use of the Website
Product Representations. Guthy-Renker reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Guthy-Renker takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Guthy-Renker does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. Guthy-Renker’s descriptions of, or references to, products not owned by Guthy-Renker do not imply endorsement of that product, or constitute a warranty by Guthy-Renker.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Guthy-Renker reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by Guthy-Renker prior to Guthy-Renker’s acceptance of the order. Guthy-Renker may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value. Guthy-Renker does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Guthy-Renker discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Guthy-Renker will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. Guthy-Renker will add applicable shipping and handling fees to your order. Unless otherwise noted, Guthy-Renker will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Guthy-Renker may provide delivery or shipment timeframes or dates, you understand that those are Guthy-Renker’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Guthy-Renker will use reasonable good faith efforts to contact you. If Guthy-Renker cannot contact you or you no longer wish to receive the item, Guthy-Renker will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. Guthy-Renker shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Guthy-Renker may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Guthy-Renker is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Guthy-Renker is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes. Qualifying States: CA, CO, IA, LA, NC, OH, and PA.
Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Guthy-Renker shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Guthy-Renker, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
International Orders. Guthy-Renker does not directly sell certain Guthy-Renker products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Guthy-Renker may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
- a. You agree that the purchase of any Guthy-Renker products by you, as a non-U.S. resident, shall be (i) ex works Guthy-Renker’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
- b. You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
- c. You hereby expressly authorize and direct Guthy-Renker to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
- d. You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Guthy-Renker’s facilities in the United States to your foreign shipping address.
Automatic Renewal Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service or by calling 1-888-651-6602. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, Guthy-Renker may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Guthy-Renker will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service at 1-888-651-6602 for assistance. Guthy-Renker will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or Mastercard.9. Electronic Communications, Signatures and Agreements The information communicated on the Website constitutes an electronic communication. When you communicate with Guthy-Renker through the Website or via other forms of electronic media, such as e-mail, you are communicating with Guthy-Renker electronically. You agree that Guthy-Renker may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Guthy-Renker provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Guthy-Renker or you). You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Guthy-Renker, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY GUTHY-RENKER. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 10. Communications with Guthy-Renker You acknowledge that telephone calls to or from Guthy-Renker are monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Guthy-Renker, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Guthy-Renker. You acknowledge that by voluntarily providing your telephone numbers to Guthy-Renker, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Guthy-Renker relating to this Agreement, any purchase or transaction with Guthy-Renker, matters related to your account (including debt collection), and promotions regarding Guthy-Renker products. These communications may be made by or on behalf of Guthy-Renker, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Guthy-Renker will not be responsible for these charges. Guthy-Renker may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Guthy-Renker notice within 30 days of any change to your contact information by writing to 1845 Brevard Rd. Arden, NC 28704; Attention: Guthy- Renker Customer Service or email us. Your consent to this communications provision is not required to make any purchase with Guthy-Renker. 11. Limitation on Guthy-Renker’s Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GUTHY-RENKER, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. 12. Indemnification You agree to indemnify and hold harmless Guthy-Renker, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Guthy-Renker that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement. 13. Termination of Website You agree that Guthy-Renker may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Guthy-Renker, in its sole discretion, deems appropriate. You further agree that Guthy-Renker will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Guthy-Renker’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination. 14. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. 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.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Guthy-Renker 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. Guthy-Renker 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 Guthy-Renker, 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 Guthy-Renker LLC, 100 N Sepulveda Blvd., Suite 1600, El Segundo, CA 90245; Attn: General Counsel. You agree to negotiate with Guthy-Renker in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Guthy-Renker’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and Guthy-Renker 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 Guthy-Renker agree.
Arbitration Fees. Guthy-Renker 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.
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. Although Guthy-Renker may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Guthy-Renker agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. 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 Guthy-Renker, 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. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Guthy-Renker and shall not be modified except in writing by Guthy-Renker.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.