Terms of Service

These Terms of Service govern your use of the website located at https://kobixnutrition.com/ and any related services provided by Kobix Nutrition. 


The https://kobixnutrition.com/ website (the “Site”) is comprised of various web pages operated by Kobix Nutrition (“Kobix”). 


https://kobixnutrition.com/ is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained here in (the “Terms”). 


By accessing https://kobixnutrition.com/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Kobix Nutrition.


We, Kobix Nutrition, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.


Please read these terms carefully, and keep a copy of them for your reference. 


https://kobixnutrition.com/ is an E-Commerce Site. 


Kobix Nutrition provides vitamin supplements to help support health and wellbeing. 


Returns

All returns must be postmarked within fourteen (14) days of the receipt of your purchase. All returned items must be in new and unused condition, with all original tags and labels attached. 


To return an item, please email customer service at hello@kobixnutrition.com to obtain a Return Merchandise Authorization (RMA) number. A return authorization number must be given prior to return or Kobix Nutrition will refuse and reject the return. A 10% restocking fee will be applied for returns. 


After receiving a RMA number, place the item securely in its original packaging and all item(s) must be returned at your expense, unopened and in perfect condition, with the original receipt or invoice, in order to be eligible to exchange item(s) or receive credit or refund. More information about Kobix’s return policy can be accessed on the Shipping and Returns Policy page. 


Privacy


Your use of https://kobixnutrition.com/ is subject to Kobix’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 


Electronic Communications


Visiting https://kobixnutrition.com/ or sending emails to Kobix constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 


Children and/or Persons Under Twenty One


Kobix does not knowingly collect, either online or offline, personal information from persons under the age of twenty one. If you are under 21, you may use  https://kobixnutrition.com/ only with permission of a parent or guardian. 


Links to Third Party Sites/Third Party Services


https://kobixnutrition.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kobix and Kobix is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kobix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kobix of the site or any association with its operators.


As such, Kobix has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Kobix of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.


Certain services made available via https://kobixnutrition.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://kobixnutrition.com/ domain, you hereby acknowledge and consent that Kobix may share such information and data with any third party with whom Kobix has a contractual relationship to provide the requested product, service or functionality on behalf of https://kobixnutrition.com/ users and customers. 


User-Generated Content


You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.


When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.


The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.


You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.


No Unlawful or Prohibited Use/Intellectual Property


You are granted a non-exclusive, non-transferable, revocable license to access and use https://kobixnutrition.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kobix that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, diable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. 


The intellectual property in the materials contained in this website are owned by or licensed to Kobix and are protected by applicable copyright and trademark law. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the SIte, is the property of Kobix or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.


You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the SIte. Kobix content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kobix and the copyright owner. You agree that you do not acquire any ownership rights to any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kobix or our licensors except as expressly authorized by these Terms. 



Limitations of Use


By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:


  • Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  • Remove any copyright or other proprietary notations from any materials and software on this website;
  • Transfer the materials to another person or “mirror” the materials on any other server;
  • Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Kobix provides;
  • Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • Use this website or its associated services in violation of any applicable laws or regulations;
  • Use this website in conjunction with sending unauthorized advertising or spam;
  • Harvest, collect, or gather user data without the user’s consent; or
  • Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

International Users


The Service is controlled, operated and administered by Kobix from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kobix Content accessed through https://kobixnutrition.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 


Indemnification


You agree to indemnify, defend and hold harmless Kobix, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kobix reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kobix in asserting any available defense. 


Arbitration


In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 


Class Action Waiver


Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kobix agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 


Liability Disclaimer


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KOBIX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

KOBIX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOBIX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL , CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOBIX AND ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF  YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Right to Terminate/Access Restriction


Kobix reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of our relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 


You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kobix as a result of this agreement or use of the Site. Kobix’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Kobix’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kobix with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service. 


Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kobix with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kobix with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 


Changes to Terms


Kobix reserves the right, in its sole discretion, to change the Terms under which https://kobixnutrition.com/ is offered. The most current version will supersede all previous versions. Kobix encourages you to periodically review the Terms to stay informed of our updates.


Severance


Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.


Governing Law


These Terms and Conditions are governed by and construed in accordance with the laws of the United States and the State of Florida. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Contact Us


Kobix welcomes your questions or comments regarding the Terms:


Kobix Nutrition

1114 3rd Avenue

South Myrtle Beach, South Carolina 29577


Telephone number:

843-808-9303


Email Address:

hello@kobixnutrition.com


Get in Touch:

https://kobixnutrition.com/contact-us


Effective as of September 13, 2022