Terms and Conditions of Website Usage and Purchasing
Grant of License
You are granted a non-exclusive, revocable, and limited license to access and use this Site and content in accordance with these Terms and Conditions. No additional rights are granted to you by implication, estoppel or otherwise.
Not Medical or HealthCare Advice
CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.
Copyright and Trademarks
All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Machoah or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Machoah or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Machoah, is strictly prohibited.
Machoah, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Machoah or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
Review of Materials Posted on or Submitted to Site
Machoah is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the site. Machoah does not and cannot monitor all information or materials posted on, submitted to or transmitted through the site. However, Machoah reserves the right to delete, block and remove any information or materials that Machoah, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Machoah. If notified of any such information or materials on the site, Machoah may determine in its sole discretion whether to remove such content from the site.
Consent to Communications
When you use the Machoah website or Machoah Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Machoah Services, such as our Message Center, Whatsapp, Facebook and any other means and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by law, you consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Machoah and our agents, representatives, affiliates and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails, phone calls or other means, which may occur. You agree to hold Machoah harmless for any costs incurred in an effort to communicate with you either electronically or by telephone.
Product Descriptions and Product Pricing
Machoah attempts to be as accurate as possible. However, Machoah does not warrant that product descriptions or other content of any Machoah Service is accurate, complete, reliable, current, or error-free. If a product offered by Machoah itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Machoah and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Machoah. With respect to items sold through our website www.Machoah.com by Machoah, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Machoah is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
Any suggestions, ideas, comments or other similar submissions by users shall be deemed the sole property of Machoah, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant Machoah a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against Machoah for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.
No Warranty – Disclaimer
Machoah is providing this site and its contents on an “as is” basis. Machoah and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a “Linked Site”) and the uninterrupted and error-free use of this site. Machoah and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, security, fitness for a particular purpose and non-infringement. Machoah and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Machoah or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional.
You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
Unless otherwise indicated on this site, Machoah does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. Machoah is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Machoah expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site.
Price and availability information on this site is subject to change without notice. Machoah is not responsible for price fluctuations on our affiliates websites that have not been updated.
Limitation of Liability
Machoah and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site or products purchased from this website, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Machoah and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of Machoah and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Machoah on this site.
All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions. YOU SHOULD ALWAYS CHECK WITH YOUR LOCAL DOCTOR, HEALTH PRACTIONER OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT LISTED ON THIS WEBSITE.
Privacy and Child Protection
Machoah respects the privacy of its users in accordance with the terms of Machoah Privacy Protection Policy. Machoah reserves the right to monitor the site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent Machoah, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Machoah or its affiliates. By using this website and or purchasing any products you understand that you MUST be at least eighteen (18) years of age.
Sales and Use Tax (Domestic Orders)
By ordering goods from Machoah you ackowledge that you will adhere to all sales and use tax at all levels of local, state and federal government tax laws that relate to reporting and submitting any applicable taxes that become due as a result of purchasing products from Machoah. You agree that YOU are responsible for any applicable taxes not collected at the time of checkout and are solely responsible for the payment of these taxes to the appropriate tax authority as applicable. ONLY if sales or use tax is collected at the time of checkout do you hereby give a proxy or power of attorney (“POA”) to Machoah as the remitter for any applicable taxes paid on your behalf otherwise you agree to pay any applicable taxes directly to the corresponding authority. This notice with respect to paying taxes may serve as your only notice and failure to read this notice and or failure of Machoah to collect Sales & Use tax on your behalf WILL NOT absolve your responsibility for paying the taxes. Residents of Washington, Pennsylvania (six percent), New York will be responsible to pay their own USE tax. Please check with your states Department of Revenue for more information on the USE tax you may incur.
International Shipping – Importer of Record, Sanctions, Exporting
You may NOT purchase products from Machoah if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are purchasing products from Machoah. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services. By ordering goods from Machoah destined to any country in the European Union or any other country outside of the United States, you understand that, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As Importer of Record (“IOR”), you agree to be ultimately responsible for importing the products ordered by you into the destination country and are solely responsible for the payment of duties and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. As the Importer of Record you also agree to be solely responsible for the compliance of any laws or regulations with regards to the products you are importing within your particular country. You hereby give a proxy or power of attorney (“POA”) to Machoah designated shipping provider for the customs clearance of products ordered by you. This POA authorizes Machoah’ designated shipping provider’s assigned customs broker to act on behalf of you. Machoah’ designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by Machoah’ designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from Machoah and transportation conditions from Machoah’ designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them.
International Shipping – VAT, HST, GST, Duties and other Taxes
By ordering goods from Machoah destined to any country outside of the United States you ackowledge that you will adhere to all Value Added Taxes, HST Taxes, GST Taxes, Duties or any other applicable taxes imposed on your behalf by your local government as a result of purchasing products from Machoah or importing products into your country. You agree that as the Importer of Record (“IOR”), you will be responsible for any applicable duties and or taxes not collected at the time of checkout and are solely responsible for the payment of these duties or taxes as applicable. ONLY if a tax or duty is collected at the time of checkout do you hereby give a proxy or power of attorney (“POA”) to Machoah as the remitter for any applicable duties or taxes paid on your behalf otherwise you agree to pay any applicable taxes directly to the corresponding authority. This notice with respect to paying duties and taxes may serve as your only notice and failure to read this notice and or failure of Machoah to collect VAT, HST, GST, Duties or any other tax on your behalf WILL NOT absolve your responsibility for paying these duties and taxes as they become due.
Machoah, LLC is committed to making our website’s content accessible and user friendly to everyone. We strive to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA at minimum and are currently working towards WCAG 2.1 compliance.
If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at info@Machoah.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. You may also call us via telephone at 1800-250-4704 to speak with someone directly. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly. While we will always do our best to accomodate all users, by using this website you agree to hold Machoah harmless for any and all accessibility problems, issues or features not yet available through our website.
Your Usage of Site – Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Machoah.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access by any means except through the interface provided by Machoah for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Machoah and its affiliates, are responsible for compliance with applicable local laws.
Usage by Minors
Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Michigan, without giving effect to any choice of law or conflict of law. To the fullest extent permitted by law, you and Machoah agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY. YOU AND Machoah ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The mutual promise by you and Machoah to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate. Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. Unless you and Machoah otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Severability – Interpretation
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
Default Language and Terms
The Machoah website (“www.Machoah.com”) is translated into multiple langauges for the convenience of our users. Where any conflicts or discrepencies in translation occur or terminology that which is not included in a translated version, the English language (“default language”) shall always prevail. All terms, conditions and provisions of this website shall always be enforced in the default language and upheld under the default language terms and conditions regardless of the localized langauge, country or where you, the end-user may be located.
Orders & Pricing
Machoah retains the rights to cancel any order at any time. If an order is cancelled, the proper credit will be issued back to the customer usually within 24 to 48 business hours. Machoah retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent. Pricing and availability on our website is subject to change at anytime without notice. Our shipping pricing is based on “standard order weights”. Any deviation from standard order sizes may be subject to additional shipping and handling charges. We will contact you with these charges before shipping your order. If you do not wish to accept these additional charges, you may cancel your order. All orders must be inspected within 48 hours of receipt to be eligible for a full refund or returned within 30 days.
If an item becomes discontinued or unavailable and your order ONLY contains this one single item, your order will automatically become cancelled and any payments will be refunded. If your order contains MULTIPLE products or items, Machoah will cancel from your order that which is unavailable and ship the remaining portion of your order. Machoah will not be held liable for partial shipments due to discontinued items.
Credit Card & Debit Card Payments
When you place an order with Machoah, your card will be “authorized” for the entire order amount. For some credit cards this will appear as if it was an actual charge however, it is simply an authorization of us setting the funds aside in your account to capture when your order ships.
A card “authorization” is provided to merchants upon the initial order to guarantee that the merchant will be able to charge a credit or debit card for the purchase amount when an order ships. This “authorization” will set aside funds on the credit or debit card to cover the purchase that was made. A credit or debit card “charge” is the actual transfer of funds from the credit card agency or bank to the merchant for the sale. If an order is not shipped or cancelled, the “authorization” will automatically be removed within 3 business days (depending on your individual bank) by the card company and those funds will be released back to your account.
*When using a debit card the authorization will freeze these funds in your account. Machoah is not responsible for any bank fees associated with authorization of debit cards regarding checking accounts.
Risk of Loss
All purchases of physical items from Machoah are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
Machoah does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Machoah does not take title to the refunded item.
Entire Agreement – Amendments
The failure of Machoah or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty; Disclaimer” and “Limitation of Liability” provisions of this agreement are for the benefit of Machoah and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.