Terms & Conditions
Last revised: April 26, 2023
Ownership of the Site
Site Access, Security, and Restrictions; User Accounts
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Untoxicated will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Accuracy and Integrity of Information; Colors
Although Untoxicated attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Untoxicated so that it can be corrected. Untoxicated reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Untoxicated shall have no responsibility or liability for information or Content posted to the Site from any non-Untoxicated affiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Quantity Limits and Dealer Sales
We may offer coupon codes for our products and services. Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. You are limited to one coupon code per order. Coupon codes generally expire and are no longer valid for redemption thirty (30) days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed, or restricted. We reserve the right to change or limit coupon codes in its sole discretion.
All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the products or services, including any delivery charges, has been received. If you enroll to make recurring payments automatically, all charges and fees will be billed to your Billing Account. If you want to designate a different credit card or if there is a change in your credit card or other Billing Account details, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct, current, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Export Policy and Restrictions
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules, and regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Untoxicated from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision or applicable export control, anti-boycott, or economic sanctions laws and regulations.
Links to Other Sites
Untoxicated makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Untoxicated website, please understand that it is independent from Untoxicated, and that Untoxicated has no control over the content on that website. In addition, a link to a non-Untoxicated website does not mean that Untoxicated endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
User Generated Content, Reviews, Feedback, and other Postings to the Site
If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to or for use on our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Untoxicated that you have the legal right and authorization to provide all User Generated Content to Untoxicated for the purposes and Untoxicated’s use as set forth herein. Untoxicated shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Untoxicated desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, or sell or distribute such User Generated Content or incorporate such User Generated Content into any form, medium, or technology throughout the world. Untoxicated is and shall be under no obligation (1) to maintain any User Generated Content in confidence, (2) to pay to you any compensation for any User Generated Content, or (3) to respond to any User Generated Content.
Untoxicated does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Untoxicated the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Untoxicated and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify, and hold Untoxicated harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Untoxicated arising out of any User Generated Content you post or allow to be posted to the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Untoxicated respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Untoxicated’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Copyright
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- No Allergy, Inc.
- Attn: Legal
- 2000 Auburn Dr, Ste 200
- Beachwood, OH 44122
Disclaimer of Warranties
Untoxicated does warrant that access to or use of the site will be uninterrupted or error-free or that defects in the site will be corrected. This Site, including any content or information contained within it or any site-related service, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Untoxicated does not warrant the accuracy, completeness, or timeliness of the information obtained through the site.
You assume total responsibility and risk for your use of this Site, Site-related serviced, and linked websites. Untoxicated does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back-up and security. Warranties relating to products or services offered, sold, and distributed by Untoxicated are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services.
Limitation Of Liability Regarding Use Of Site
Untoxicated and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related services, content or information contained within the Site, or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, or linked websites is to stop using the Site or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of Untoxicated to you with respect to your use of this Site is $500 (five hundred dollars).
Untoxicated does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Untoxicated does not warrant the accuracy, completeness or timeliness of the information obtained through the site.
You assume total responsibility and risk for your use of this site, site-related services, and linked websites. Untoxicated does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.
Warranties relating to products or services offered, sold, and distributed by Untoxicated are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services.
Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against Untoxicated, and you therefore elect to seek arbitration, you must first send to Untoxicated, by certified mail, a written notice of your claim (“Notice”). The Notice to Untoxicated should be addressed to: Untoxicated, Attn: Legal, 2000 Auburn Dr, Ste 200, Beachwood, OH 44122 (“Notice Address”). If Untoxicated desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Untoxicated, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Untoxicated and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Untoxicated may commence an arbitration proceeding or file a claim in small claims court.
Unless Untoxicated and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Untoxicated’s last written settlement offer made before an arbitrator was selected (or if Untoxicated did not make a settlement offer before an arbitrator was selected), then Untoxicated will pay you the amount of the award or US $1,000, whichever is greater.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. You and Untoxicated agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Further, unless both you and Untoxicated agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The Untoxicated Referral Program (“Program”) allows individuals (“Members”) who have signed up for the Program to earn promotional credits (“Credits”) by recruiting friends, family members, co-workers and other personal contacts (“ New Customers”) to become new, first-time purchasers of Untoxicated. By participating in the Program, Members agree to these terms, which are apart of Untoxicated’s Terms of Service.
Description of the Program
The Program permits eligible Members to earn money by referring Untoxicated to New Customers, upon successful completion of their first order. A “successful” order is an order that is accepted by Untoxicated and which is not canceled, disputed or refunded within the specified post-purchase refund window, as specified on the brand website.
Members are eligible to receive payment for all New Customers who complete their first order in line with these Terms. Untoxicated reserves the right to limit or cap the number of New Customers a Member is eligible to receive Payment for at any time, without prior notice. By participating in the Program, Members may not participate in any other Untoxicated Referral or Affiliate programs, though may take advantage of Untoxicated promotions such as discount coupons and loyalty rewards.
How to Earn Referral Credits
Members can earn Credits when a New Customer clicks on the Member’s custom referral link to complete a Qualifying Purchase (as defined below).
The Member will be credited with the amount(s) specified in the referral invitation, or accompanying promotional materials, after completion of the New Customer’s Qualifying Purchase and after the Untoxicated post-purchase refund window has elapsed.
A Qualifying Purchase must abide by any conditions specified in the referral invitation sent by the Member, must take place using the Member’s custom referral URL, and can not be contested or refunded within the designated dispute window.
The Program is open to all Members who are legal residents of the countries for which Untoxicated ships product to. Employees of Untoxicated and their immediate family members are not eligible to participate in the Program.
Sharing Referral Links
Referrals can only be used for personal, and not for-commercial purposes, and should only be shared with personal connections who have given explicit consent to receive referral information. Members agree to use referral methods and techniques that are legal, non-intrusive and not offensive, only contact New Customers who have given explicit consent to be contacted, respect the privacy of others, and neither spam nor mislead others about his/her intentions.
Referral links can not be published or distributed on public forums where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
Failure to abide by any of these guidelines will result in immediate expulsion from the Program.
New Customers who have purchased using a valid referral link will receive credit in the form of a discount coupon or store credit in the amount(s) indicated in the referral invitation, or accompanying promotional materials, for use on their first Qualifying Purchase. Coupon codes that are not automatically applied must be entered during checkout. Coupon codes may not be transferred to another person, exchanged for cash, or combined with other Untoxicated incentives. Each coupon code may only be used on www.untoxicated.com in conjunction with the purchase of Untoxicated product(s).
Coupon codes can expire at any time, without prior notice. Untoxicated reserves the right to any remedy, including cancellation of a New Customer’s account if fraud, tampering, violations of these terms and Untoxicated Terms of Service or Payments Terms of Service, or technical errors are suspected.
A Customer may only use one referral link. If a referred New Customer receives referral links from multiple Members, only the Member associated with the referral link used by the Customer will receive Credit.
Termination and Changes
Untoxicated may suspend or terminate the Program or a Members ability to participate in the Program at any time for any reason.
Untoxicated reserves the right to suspend any Member account or remove any Credits if there is reason to suspect activity that is abusive, fraudulent, or in violation of the Untoxicated Terms of Service. Untoxicated reserves the right to review and investigate all referral activities and to suspend any Member or Customer accounts or modify Payments at the company’s sole discretion, as deemed fair and appropriate.
The scope, variety, and type of services and products that Members may receive Credit for can change at any time.
Updates to the Terms
Untoxicated reserves the right to update these terms at any time without prior notice. If Untoxiciated modifies these terms, they will be posted on the Untoxicated.com website. Continued participation in the Program after any modification shall constitute consent to such modification.
By participating in the Program, Members and New Customers agree to be bound by these terms and conditions.
ADA Compliance & Accessibility
Untoxicated strives to ensure that its services are accessible to people with disabilities. www.untoxicated.com has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that website accessibility efforts assist all users and that every person has the right to live with dignity, equality, comfort and independence.
Untoxicated measures compliance within the framework of the Web Content Accessibility Guidelines (WCAG 2.1) standard. We understand that this is a continuous effort to constantly improve the accessibility of our site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
We are here for you. If you are experiencing difficulty with any content on www.untoxicated.com or require assistance with any part of our site, please contact us at firstname.lastname@example.org and we will be happy to assist.