Terms of Use

1. User’s Acknowledgment and Acceptance of Terms

Sunshine Wellness Institute (“Us” or “We”) provides the SunshineWellnessInstitute.com site and  various related services (collectively, the “site”) to you, the user,  subject to your compliance with all the terms, conditions, and notices  contained or referenced herein (the “Terms of Use”), as well as any  other written agreement between us and you. In addition, when using  particular services or materials on this site, users shall be subject to  any posted rules applicable to such services or materials that may  contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into  these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF  YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE  SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY  PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR  THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR  PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH  THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF  YOUR USE OF THIS SITE.

These Terms of Use are effective as of June 24, 2012. We expressly  reserve the right to change these Terms of Use from time to time without  notice to you. You acknowledge and agree that it is your responsibility  to review this site and these Terms of Use from time to time and to  familiarize yourself with any modifications. Your continued use of this  site after such modifications will constitute acknowledgement of the  modified Terms of Use and agreement to abide and be bound by the  modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include  our owners, subsidiaries, affiliated companies, officers, directors,  suppliers, partners, sponsors, and advertisers, and includes (without  limitation) all parties involved in creating, producing, and/or  delivering this site and/or its contents.

2. Description of Services

We make various services available on this site including, but not  limited to, consulting services, books, nutrition related web site  content, food items, health supplements and other health related items,  and other like services. You are responsible for providing, at your own  expense, all equipment necessary to use the services, including a  computer, modem, and Internet access (including payment of all fees  associated with such access).

We reserve the sole right to either modify or discontinue the site,  including any of the site’s features, at any time with or without notice  to you. We will not be liable to you or any third party should we  exercise such right. Any new features that augment or enhance the  then-current services on this site shall also be subject to these Terms  of Use.

3. Registration Data and Privacy

In order to access some of the services on this site, you will be  required to use an account and password that can be obtained by  completing our online registration form, which requests certain  information and data (“Registration Data”), and maintaining and updating  your Registration Data as required. By registering, you agree that all  information provided in the Registration Data is true and accurate and  that you will maintain and update this information as required in order  to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain  Registration Data about you. The information we obtain through your use  of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Conduct on Site

Your use of the site is subject to all applicable laws and  regulations, and you are solely responsible for the substance of your  communications through the site. By posting information in or otherwise  using any communications service, chat room, message board, newsgroup,  software library, or other interactive service that may be available to  you on or through this site, you agree that you will not upload, share,  post, or otherwise distribute or facilitate distribution of any content —  including text, communications, software, images, sounds, data, or  other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory,  libelous, deceptive, fraudulent, invasive of another’s privacy,  tortious, contains explicit or graphic descriptions or accounts of  sexual acts (including but not limited to sexual language of a violent  or threatening nature directed at another individual or group of  individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or  group of individuals on the basis of religion, gender, sexual  orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk  email (also known as “spamming”), chain letters, any other form of  unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or  programs that are designed or intended to disrupt, damage, or limit the  functioning of any software, hardware, or telecommunications equipment  or to damage or obtain unauthorized access to any data or other  information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any  material uploaded or submitted by third party users of the site. We  generally do not pre-screen, monitor, or edit the content posted by  users of communications services, chat rooms, message boards,  newsgroups, software libraries, or other interactive services that may  be available on or through this site. However, we and our agents have  the right at their sole discretion to remove any content that, in our  judgment, does not comply with these Terms of Use and any other rules of  user conduct for our site, or is otherwise harmful, objectionable, or  inaccurate. We are not responsible for any failure or delay in removing  such content. You hereby consent to such removal and waive any claim  against us arising out of such removal of content. See “Use of Your  Materials” below for a description of the procedures to be followed in  the event that any party believes that content posted on this site  infringes on any patent, trademark, trade secret, copyright, right of  publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of  another account or attempt to gain unauthorized access to another  network or server. Not all areas of the site may be available to you or  other authorized users of the site. You shall not interfere with anyone  else’s use and enjoyment of the site or other similar services. Users  who violate systems or network security may incur criminal or civil  liability.

You agree that we may at any time, and at our sole discretion,  terminate your membership, account, or other affiliation with our site  without prior notice to you for violating any of the above provisions.  In addition, you acknowledge that we will cooperate fully with  investigations of violations of systems or network security at other  sites, including cooperating with law enforcement authorities in  investigating suspected criminal violations.

5. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise  include references to information, documents, software, materials and/or  services provided by other parties. These sites may contain information  or material that some people may find inappropriate or offensive. These  other sites and parties are not under our control, and you acknowledge  that we are not responsible for the accuracy, copyright compliance,  legality, decency, or any other aspect of the content of such sites, nor  are we responsible for errors or omissions in any references to other  parties or their products and services. The inclusion of such a link or  reference is provided merely as a convenience and does not imply  endorsement of, or association with, the site or party by us, or any  warranty of any kind, either express or implied.

6. Intellectual Property Information

Copyright (c) June 24, 2012 Sunshine Wellness Institute All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any  information, data, communications, software, photos, video, graphics,  music, sounds, and other material and services that can be viewed by  users on our site. This includes message boards, chat, and other  original content.

By accepting these Terms of Use, you acknowledge and agree that all  content presented to you on this site is protected by copyrights,  trademarks, service marks, patents or other proprietary rights and laws,  and is the sole property of Sunshine Wellness Institute and/or its  Affiliates. You are only permitted to use the content as expressly  authorized by us or the specific content provider. Except for a single  copy made for personal use only, you may not copy, reproduce, modify,  republish, upload, post, transmit, or distribute any documents or  information from this site in any form or by any means without prior  written permission from us or the specific content provider, and you are  solely responsible for obtaining permission before reusing any  copyrighted material that is available on this site. Any unauthorized  use of the materials appearing on this site may violate copyright,  trademark and other applicable laws and could result in criminal or  civil penalties.

Neither we or our Affiliates warrant or represent that your use of  materials displayed on, or obtained through, this site will not infringe  the rights of third parties. See “User’s Materials” below for a  description of the procedures to be followed in the event that any party  believes that content posted on this site infringes on any patent,  trademark, trade secret, copyright, right of publicity, or other  proprietary right of any party.

The following are registered trademarks, trademarks or service marks  of Sunshine Wellness Institute or its Affiliates: Sunshine Wellness,  Sunshine Wellness Institute, Realistic Nutritionist, The Realistic  Nutritionist. All custom graphics, icons, logos and service names are  registered trademarks, trademarks or service marks of Sunshine Wellness  Institute or its Affiliates. All other trademarks or service marks are  property of their respective owners. Nothing in these Terms of Use  grants you any right to use any trademark, service mark, logo, and/or  the name of Sunshine Wellness Institute or its Affiliates.

7. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you  transmit to this site or to us, whether by electronic mail, post, or  other means, for any reason, will be treated as non-confidential and  non-proprietary. While you retain all rights in such communications or  material, you grant us and our agents and affiliates a non-exclusive,  paid-up, perpetual, and worldwide right to copy, distribute, display,  perform, publish, translate, adapt, modify, and otherwise use such  material for any purpose regardless of the form or medium (now known or  not currently known) in which it is used.

Please do not submit confidential or proprietary information to us  unless we have mutually agreed in writing otherwise. We are also unable  to accept your unsolicited ideas or proposals, so please do not submit  them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do  the same. If you or any user of this site believes its copyright,  trademark or other property rights have been infringed by a posting on  this site, you or the user should send notification to our Designated  Agent (as identified below) immediately. To be effective, the  notification must include:

1. Identify in sufficient detail the copyrighted work that you  believe has been infringed upon or other information sufficient to  specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to  notify the owner/administrator of the allegedly infringing webpage or  other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that  use of the copyrighted materials described above as allegedly infringing  is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of  perjury, that the information in the notification is accurate and that I  am the copyright owner or am authorized to act on behalf of the owner  of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Betsy Markle
Address: 245 94th St, Stone Harbor, NJ
Phone: 609-849-2222

You acknowledge and agree that upon receipt of a notice of a claim of  copyright infringement, we may immediately remove the identified  materials from our site without liability to you or any other party and  that the claims of the complaining party and the party that originally  posted the materials will be referred to the United States Copyright  Office for adjudication as provided in the Digital Millennium Copyright  Act.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS”  AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF  NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY  THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE  SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR  ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE  SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D)  THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR  OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR  EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR  TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES  AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS  LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT  THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH  MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF  ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK  AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY  DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH  ACTIVITIES.

Through your use of the site, you may have the opportunities to  engage in commercial transactions with other users and vendors. You  acknowledge that all transactions relating to any merchandise or  services offered by any party, including, but not limited to the  purchase terms, payment terms, warranties, guarantees, maintenance and  delivery terms relating to such transactions, are agreed to solely  between the seller or purchaser of such merchandize and services and  you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR  IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH  TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT  IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR  INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS  PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR  AFFILIATES.

Content available through this site often represents the opinions and  judgments of an information provider, site user, or other person or  entity not connected with us. We do not endorse, nor are we responsible  for the accuracy or reliability of, any opinion, advice, or statement  made by anyone other than an authorized Sunshine Wellness Institute  spokesperson speaking in his/her official capacity. Please refer to the  specific editorial policies posted on various sections of this site for  further information, which policies are incorporated by reference into  these Terms of Use.

You understand and agree that temporary interruptions of the services  available through this site may occur as normal events. You further  understand and agree that we have no control over third party networks  you may access in the course of the use of this site, and therefore,  delays and disruption of other network transmissions are completely  beyond our control.

You understand and agree that the services available on this site are  provided “AS IS” and that we assume no responsibility for the  timeliness, deletion, mis-delivery or failure to store any user  communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN  WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD  PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL  DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT  LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER  OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON  ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF  THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND  SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING  COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION  THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY  FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY  NOT APPLY TO YOU.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and  our Affiliates harmless from all liabilities, claims, and expenses,  including attorney’s fees, that arise from your use or misuse of this  site. We reserve the right, at our own expense, to assume the exclusive  defense and control of any matter otherwise subject to indemnification  by you, in which event you will cooperate with us in asserting any  available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of  your password and account and for any and all statements made and acts  or omissions that occur through the use of your password and account.  Therefore, you must take steps to ensure that others do not gain access  to your password and account. Our personnel will never ask you for your  password. You may not transfer or share your account with anyone, and we  reserve the right to immediately terminate your account if you do  transfer or share your account.

12. Participation in Promotions

From time to time, this site may include advertisements offered by  third parties. You may enter into correspondence with or participate in  promotions of the advertisers showing their products on this site. Any  such correspondence or promotions, including the delivery of and the  payment for goods and services, and any other terms, conditions,  warranties or representations associated with such correspondence or  promotions, are solely between you and the advertiser. We assume no  liability, obligation or responsibility for any part of any such  correspondence or promotion.

13. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services  (collectively, “Communications”) available to users of our site, either  directly or through a third-party provider. We make available separate  supplemental agreements characterizing the relationship between you and  us that, except where expressly noted or contradictory, includes these  Terms.

We will not inspect or disclose the contents of private  Communications except with the consent of the sender or the recipient,  or in the narrowly-defined situations provided under the Electronic  Communications Privacy Act, or as other required by law or by court or  governmental order. Further information is available in our Privacy  Policy.

We may employ automated monitoring devices or techniques to protect  our users from mass unsolicited communications (also known as “spam”)  and/or other types of electronic communications that we deem  inconsistent with our business purposes. However, such devices or  techniques are not perfect, and we will not be responsible for any  legitimate communication that is blocked, or for any unsolicited  communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the  maximum permitted storage space, we may employ automated devices that  delete or block email messages that exceed the limit. We will not be  responsible for such deleted or blocked messages.

14. International Use

Although this site may be accessible worldwide, we make no  representation that materials on this site are appropriate or available  for use in locations outside the United States, and accessing them from  territories where their contents are illegal is prohibited. Those who  choose to access this site from other locations do so on their own  initiative and are responsible for compliance with local laws. Any offer  for any product, service, and/or information made in connection with  this site is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend  your access to all or part of the site with or without notice and for  any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds  for terminating your relationship and may be referred to appropriate law  enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore,  your right to use the services available on this site immediately  ceases, and you acknowledge and agree that we may immediately deactivate  or delete your account and all related information and files in your  account and/or bar any further access to such files or this site. We  shall not be liable to you or any third party for any claims or damages  arising out of any termination or suspension or any other actions taken  by us in connection with such termination or suspension.

16. Governing Law

This site (excluding any linked sites) is controlled by us from our  offices within the New Jersey, United States of America. It can be  accessed from all 50 states, as well as from other countries around the  world. As each of these places has laws that may differ from those of  New Jersey, by accessing this site both of us agree that the statutes  and laws of the State of New Jersey, without regard to the conflicts of  laws principles thereof and the United Nations Convention on the  International Sales of Goods, will apply to all matters relating to the  use of this site and the purchase of products and services available  through this site. Each of us agrees and hereby submits to the exclusive  personal jurisdiction and venue any court of competent jurisdiction  within the State of New Jersey with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made either  via email or conventional mail. Notices to us must be sent to the  attention of Customer Service at betsy@sunshinewellnessinstitute.com, if  by email, or at Sunshine Wellness Institute 245 94th St if by  conventional mail. Notices to you may be sent to the address supplied by  you as part of your Registration Data. In addition, we may broadcast  notices or messages through the site to inform you of changes to the  site or other matters of importance, and such broadcasts shall  constitute notice to you at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and  understanding between us concerning the subject matter of this agreement  and supersedes all prior agreements and understandings of the parties  with respect to that subject matter. These Terms of Use may not be  altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an  order for products or services which are subject to additional or  altered terms and conditions shall be null and void, unless otherwise  agreed to in a written agreement signed by you and us. To the extent  that anything in or associated with this site is in conflict or  inconsistent with these Terms of Use, these Terms of Use shall take  precedence.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party  will be entitled to costs and attorneys’ fees. Any cause of action  brought by you against us or our Affiliates must be instituted with one  year after the cause of action arises or be deemed forever waived and  barred.

You may not assign your rights and obligations under these Terms of  Use to any party, and any purported attempt to do so will be null and  void. We may free assign our rights and obligations under these Terms of  Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for  any commercial purposes any portion of this site, or use of or access to  this site.

In addition to any excuse provided by applicable law, we shall be  excused from liability for non-delivery or delay in delivery of products  and services available through our site arising from any event beyond  our reasonable control, whether or not foreseeable by either party,  including but not limited to, labor disturbance, war, fire, accident,  adverse weather, inability to secure transportation, governmental act or  regulation, and other causes or events beyond our reasonable control,  whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable,  that portion shall be construed in a manner consistent with applicable  law to reflect, as nearly as possible, the original intentions of the  parties, and the remaining portions shall remain in full force and  effect.

Any failure by us to enforce or exercise any provision of these Terms  of Use or related rights shall not constitute a waiver of that right or  provision.

20. Contact Information

Except as explicitly noted on this site, the services available  through this site are offered by Sunshine Wellness Institute, an Inc,  located at 245 94th St. Our telephone number is 608-849-2222. If you  notice that any user is violating these Terms of Use, please contact us  at betsy@sunshinewellnessinstitute.com.

1. Sale and Purchase of Goods

Sunshine Wellness Institute (“Seller”) hereby agrees to sell, and You  (“Buyer”) hereby agree to purchase, goods of the description and  quantity described on the checkout window (“Checkout”) and incorporated  herein by this reference (“Goods”) on the terms and conditions set forth  in this Agreement.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.

3. Payment Terms

The total amount of the Purchase Price shall be payable in full by  Buyer according to the payment due date stated at Checkout. Any portion  of the Purchase Price unpaid past thirty (30) days shall be considered  overdue. All amounts past due are subject to a late charge of the lesser  of one and one-half percent (1 1/2%) per month (being eighteen percent  (18%) per annum) or the highest lawful rate. In addition, Seller shall  have the right to pursue any remedies available at law or as provided  herein and shall be entitled to reimbursement from Buyer for Seller’s  costs of collection, including attorney fees, legal fees and costs and  disbursements.

4. Delivery

Unless otherwise agreed in writing, delivery shall be made in  accordance with Seller’s shipping policy in effect on the date of  shipment. Delivery dates provided by Seller are estimates only. Seller  will make reasonable efforts to deliver in accordance with such dates;  however, Seller will not be liable for failure to deliver as estimated.  Unless otherwise agreed in writing by Seller, Goods shall be packaged  according to Seller’s standards and practices.

5. Limited Warranty

Seller supplies as its sole warranty the following:

Limited Warranty Seller supplies as its sole warranty the following:  PRODUCTS: Unopened products are eligible for a return credit within 30  days of purchase. However, heat sensitive, perishable and opened  products are not eligible for return credit. To be credited for returns,  you must call Sunshine Wellness (609)849-2222 for a Return  Authorization Number. Most returns are subject to a 25% restocking fee.  If you receive a wrong product or a package or product that has been  damaged, save the original box and all its contents and call us  immediately with the invoice number. We will make every effort to remedy  the situation as soon as possible. SERVICES: Nutrition consulting  packages expire within 1 year of purchase. If for some reason, you are  not satisfied with Sunshine Wellness Nutrition Programs and Services,  call Sunshine Wellness (609)849-2222 right away with your feedback.  Sunshine Wellness will assess the situation and has the right to  decipher the appropriate action or refund. DETOX PROGRAMS: When  purchasing Sunshine Wellness Detox Programs, it is required that you  read and sign our Liability Form (link) prior to receiving the package.

The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.

The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.

6. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or  that the Goods will be fit for any particular purpose for which Buyer  may be buying the Goods, except as otherwise provided in this Agreement,  and Seller disclaims all other warranties and conditions, express or  implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,  EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN  COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY  CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL,  INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED  WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR  LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF  CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR  SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY  DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF  THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY  CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR  OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR  CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE  ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER  OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE  ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN  EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND  PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO  THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY  TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR  ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF  PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

7. Force Majeure

Seller shall not be held responsible for any failure of performance  to make timely delivery of all or any part of the Goods in the event  such failure was due, in whole or in part, to federal, provincial or  municipal action, statute, ordinance or regulation, strike or other  labor trouble, fire or other damage to or destruction of, in whole or in  part, the Goods or the manufacturing facility for the Goods, the lack  of or inability to obtain raw materials, labor, fuel, electrical power,  water or supplies, or any other cause, act of God, contingency or  circumstances not subject to the reasonable control of Seller, which  causes delays or hinders the manufacture or delivery of Goods. Seller  shall determine in good faith the extent to which it can reasonably  control a cause, contingency, or circumstance that affects the  performance of its obligations.

8. General

Buyer may not assign this Agreement without Seller’s written consent.  Seller is the sole intended beneficiary of this Agreement. If there is  any inconsistency between this Agreement and any other agreement  included with or relating to the Goods, this Agreement shall govern.  This Agreement may not be modified, altered or amended without the  written agreement of Seller. Any additional or altered terms attached to  any order submitted by Buyer shall be null and void, unless expressly  agreed to in writing by Seller. If any term of this Agreement is illegal  or unenforceable, the legality and enforceability of the remaining  provisions shall not be affected or impaired. This Agreement shall be  interpreted under the laws of the State of Virginia, without giving  effect to conflicts-of-law rules; and in the event of a dispute under  this Agreement; Buyer submits to the exclusive jurisdiction and venue of  the courts of the Commonwealth of Virginia and hereby waives any  objection to such jurisdiction and venue.

Sunshine Wellness Institute (“We” or “Us” or “Our”) offers the use of  its blogging and message board services (along with the content posted  thereon, the “Services”) subject to the terms and conditions of use (the  “Terms”) contained herein. All references herein to “We,” “Us,” or  “Our” are intended to include Sunshine Wellness Institute and any other  affiliated companies. By accessing, creating or contributing to any  blogs or messages hosted by us (the “Blog”), and in consideration for  the Services we provide to you, you agree to abide by these Terms.  Please read them carefully before posting to or creating any Blog. We  reserve the right to change, at any time, at our sole discretion, the  Terms under which these Services are offered. You are responsible for  regularly reviewing these Terms for changes. Your continued use of the  Services constitutes your acceptance of all such Terms. If you do not  agree with these Terms, please do not use the Services.

1. Disclaimer of Company Responsibility for Blog Content

You understand that all content posted to the Blog (the “Content”) is  the sole responsibility of the individual who originally posted the  content. You understand, also, that all opinions expressed by users of  this site are expressed strictly in their individual capacities, and not  as Our representatives or any of Our sponsors or partners. The opinions  that you or others post in the Blog do not necessarily reflect Our  opinions.

2. Posting

(a) By posting your Content using the Services, you are granting an  unrestricted, irrevocable, non-exclusive, royalty-free, perpetual,  worldwide, and fully transferable, assignable, and sublicensable right  and license to use, copy, reproduce, modify, adapt, publish, translate,  create collective or derivative works from, distribute, perform and  display your Content in whole or in part and to incorporate it in other  works in any form, media, or technology now known or later developed.  You further warrant that all so-called moral rights in the content have  been waived.

(b) By posting content to the Blog, you warrant and represent that  you either own or otherwise control all of the rights to that content,  including, without limitation, all the rights necessary for you to  provide, post, upload, input or submit the content, or that your use of  the content is a protected fair use. You agree that you will not  knowingly provide material and misleading false information. You  represent and warrant also that the content you supply does not violate  these Terms. It is your sole responsibility to ensure that your postings  do not disclose confidential and/or proprietary information, including  personal financial information, information covered by a nondisclosure  agreement, and information that you are not authorized to disclose. We  caution you not to disclose personal information about yourself or your  children, such as social security numbers, credit card numbers, etc.

(c) You agree to indemnify and hold Us and Our affiliated companies,  and their directors, officers and employees, harmless for any and all  claims or demands, including reasonable attorney fees, that arise from  or otherwise relate to your use of the Blog, any content you supply to  the Blog, or your violation of these Terms or the rights of another.

3. Accessing

(a) You agree that We will not be liable, under any circumstances and  in any way, for any errors or omissions, loss or damage of any kind  incurred as a result of use of any content posted on this site. You  agree that you must evaluate and bear all risks associated with the use  of any content, including any reliance on the accuracy, completeness, or  usefulness of such content. You agree not to collect information about  others, including e-mail addresses, or to use information obtained from  the Services to send other users unsolicited e-mail of any kind.

(b) The Blog is provided for informational purposes only; we shall  not be responsible or liable for the accuracy or availability of any  information appearing or available on the Blog.

(c) Blog postings may provide links to other websites on the  Internet. We are not responsible or liable for such content and we make  no express or implied warranty about the accuracy, copyright compliance,  legality, merchantability, or any other aspect of the content of such  postings. We are not responsible or liable for any advertising,  products, or other materials on or available from such websites or  resources. The inclusion of links does not imply endorsement of the  Websites by Us or any association with their operators.

(d) We may enable you to establish an account with a username and  password to access and use the Services. If so, you are responsible for  maintaining the strict confidentiality of your password, and you are  responsible for any activity occurring through use of your account and  password. You agree to immediately notify us of any unauthorized use of  your password or account or any other breach of security and ensure that  you exit from your account at the end of each session. We are not  responsible or liable for any loss or damage arising from your failure  to comply with this provision.

4. Children

Collecting personal information from children under the age of 18  (“minor children”) through the Services or the Blog is prohibited. No  Content should be directed toward minor children. Minor children are not  eligible to use the site, and we ask that they do not submit any  personal information to us.

5. Privacy Policy

Please be sure to read our Privacy Policy, which is available at this website and incorporated herein by reference.

6. Unauthorized Use of Materials

See Website Terms of Use

7. Termination of Access/Removal of Content

We shall have the right in Our sole discretion to terminate your  access to and use of the Services and/or remove any of your Content  should We consider your statements or conduct to be inaccurate, illegal,  obscene, defamatory, threatening, infringing of intellectual property  rights, invasive of privacy, injurious, objectionable, or otherwise in  violation of these Terms or applicable law.

8. Disclaimer of Warranties

See Website Terms of Use

9. Limitation of Liability

See Website Terms of Use

10. Acceptance and Acknowledgement of Terms

Use of this website constitutes acceptance of these Terms. You  acknowledge that you have read and are bound by the Terms, as well as  any other usage agreements of Ours, including the Website Terms of Use  that may govern your conduct. Thank you for participating in the Blog.  Please do not hesitate to contact us at  betsy@sunshinewellnessinstitute.com if you have questions.