Terms of Sale
General. By purchasing products from Emerson Ecologics, LLC (“Emerson,” “we,” or “us”) through this web site (the “Site”), you agree to the terms of sale herein (the “Terms”). Please read these Terms carefully. Emerson reserves the right to update, amend, or modify the Terms at any time and without notice, to change the Site, including eliminating or discontinuing any products, and to deny, suspend, or terminate your use of and/or access to the Site for any or no reason and without notice to you.
Site Content for Information Purposes Only. The information and content contained in the Site is provided for informational purposes only and is not meant to provide you with medical advice. The Site is not a substitute for medical care or a substitute for seeing or obtaining advice from a doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by health care or service professionals employed by or contracting with Emerson) for diagnosing, treating, curing, or preventing a health problem or disease, or prescribing any medication. Information and statements regarding dietary and other health care supplements on the Site have not been evaluated by the Food and Drug Administration. The information, statements, and dietary supplements on the Site are not intended to diagnose, treat, cure, or prevent any disease.
We work to ensure that product information on the Site is correct; however, brand suppliers may make changes to products from time to time, and actual product packaging and materials may contain more and/or different information than that shown on the Site. Please consult all labels, warnings, and directions for the most accurate product information prior to using or consuming products.
Orders and Payments. To make a purchase on the Site, you must register for an account. You must pay for product orders by a credit card provided when you place an order; account terms or other payment methods are not permitted without the advance written approval of Emerson. Your order or payment will not be processed if you submit invalid information.
Advertised product prices do not include shipping or taxes. You are responsible for all sales taxes where applicable unless a valid and properly completed sales tax exemption or resale certificate for the jurisdiction(s) covering the ship-to address is provided to us prior to our acceptance of your order. Estimated sales tax amounts are displayed on the checkout page using a third party tax engine. The actual sales tax collected may differ once we process the order. We use reasonable commercial efforts to calculate and remit sales tax; however, we do not guarantee the accuracy of the amount of sales tax we represent to you as the sales tax owed.
Products will be shipped to an address designated by you, so long as such address is complete and complies with any shipping restrictions contained on the Site. Risk of loss and title for products pass to you upon delivery of the products to the carrier company. Additional Emerson policies covering ordering, shipping, and returns are available at https://emerson.zendesk.com/hc/en-us.
Your receipt of an electronic or other form of order confirmation from Emerson does not signify acceptance of your order, nor does it constitute Emerson’s confirmation of its offer to sell. Emerson reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders are subject to these Terms. You acknowledge and agree that acceptance of your order is conditioned upon your assent to these Terms and applicable Emerson policies, and any inconsistent provisions of any other writing shall not constitute a part of the contract of sale.
Inspection. Promptly upon receipt, you must inspect the Products for damage, defect, evidence of tampering, or other non-conformance. If any damage, defect, tampering, or other non-conformance is identified, you must not offer the product for sale and must report the defect to Emerson Customer Support. You further agree to inspect inventory for expired products and to not sell expired Products.
Alterations Prohibited. You must sell products in their original packaging, with all seals intact. Relabeling, repackaging, and other alterations or adulterations to products or product packaging is strictly prohibited. You shall not modify, remove, tamper with, deface, or otherwise alter product labels, including lot codes and expiration dates. You must adhere to any brand or Emerson supplied storage and handling guidelines. You must not make any representations, guarantees, or other similar claims actually, apparently, or ostensibly on behalf of Emerson or its brand suppliers that are inconsistent with the Terms or information provided by the brand suppliers.
Restricted Products and Resale. Many of the products on the Site have been formulated and designed specifically for health care professionals and are not otherwise available through online or conventional retailers. We respect and share the beliefs of our professional-brand partners that the guidance of a qualified professional is important in order to maximize the effectiveness of professional-strength supplements. As a result, only health care professionals are given access to purchase these particular products through the Site. All health care professionals must submit their current license, degree, or other certificate for review to establish a professional account. Health care professional-only products are for sale to health care professionals and their patients/clients only. Additional information regarding Emerson’s purchase and resale policies, as well as information regarding brand suppliers that require signed internet reseller agreements prior to gaining access to their products, brand supplier internet reseller, and brand supplier minimum advertised price policies, is available at https://emerson.zendesk.com/hc/en-us. Any violator is subject to immediate and permanent suspension of purchasing privileges on this Site, from any other Emerson web site, or directly from Emerson, and may be subject to additional legal action.
Compliance with All Applicable Laws; Prop 65. You must comply with all applicable federal, state, and local laws, rules, regulations, and policies related to the advertising, sale, and marketing of products purchased from Emerson. This requirement includes any and all consumer safety or consumer protection related laws, including, but not limited to the California Safe Drinking Water & Toxic Enforcement Act of 1986 (“Prop 65”).
Emerson relies on its brand suppliers regarding the Prop 65 chemicals in their products, and Emerson makes no representations or warranties regarding such information provided by the brand suppliers. For any Prop 65 affected products that you sell online to California consumers, please note that you are required to provide clear and reasonable warnings to your California customers prior to purchase.
Some brand suppliers prefer to exclude Prop 65 affected products from sales to California instead of labeling products with clear and reasonable warning language, and Emerson will not ship these products to California addresses; it is your responsibility to refrain from selling these products into California.
Indemnification and Warranties. By utilizing this Site and purchasing products from Emerson, you hereby either individually or for the entity on behalf of which you are acting, agree to indemnify and hold harmless Emerson from any and all claims, causes of action, losses and damages monetary and otherwise which may be incurred or suffered by any person purchasing or obtaining products through you. Without limiting the extent and scope of the foregoing warranty disclaimer and indemnification obligations under no circumstance shall Emerson be obligated to you or any person obtaining products through you for any amounts other than a refund for products obtained through this Site, and under no circumstances shall Emerson be responsible or liable for any ordinary, special, compensatory, punitive, or other damages of any kind or nature.
Emerson is a supplier of products manufactured by third parties and does not manufacture any of the products sold through this Site. Accordingly, Emerson makes no warranties, express or implied or warranties of effectiveness or sufficiency for a particular purpose with respect to any products, and all such warranties express or implied are hereby expressly disclaimed. You are exclusively responsible for, and Emerson and its brand suppliers disclaim any and all liability for, any statements that you may make regarding the products to your patients/clients, including any claims that a product treats specific diseases or conditions that do not appear on the product label or in information provided by the brand supplier.
Copyright and Trademark Information. Copyright © 1997-2019 Emerson Ecologics, LLC. All Rights Reserved. This Site, including any related or referenced site owned or operated by Emerson that contains a link to these Terms, and the information which it contains, is the property of Emerson and its affiliates and licensors. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site without our prior written permission. You acknowledge that you do not acquire any ownership rights by using the Site. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered Trademarks of Emerson, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission Emerson.
Usernames and Passwords. You are responsible for maintaining the security of your account, passwords, and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email, or by phone. We have no knowledge of your organizational structure, if you are using the Site and purchasing products as an entity, or your personal relationships, if you are a person. Emerson shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
Third Party Links and Content. The Sites may provide links to certain web sites, services, and features provided by third parties. The Site also may include third party content that we do not control, maintain, or endorse. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party sites or online features. Your use of such sites is subject to the terms and conditions established by such third parties.
Location of Site and Territorial Restrictions. Unless otherwise specified, the Site is presented solely for, and any coupons, promotions, and programs are offered only to, residents of the United States of America and its territories. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Emerson to any registration requirement within such jurisdiction or country. Emerson controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable.
Applicable Law and Venue. The Terms and any dispute arising under the Terms shall be governed by, construed, and enforced in accordance with the laws of the State of New Hampshire, without regard to its choice of law rules. In the event of a dispute over the Terms or performance of the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts in Hillsborough County, New Hampshire. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid.
Emerson Ecologics, LLC
1230 Elm Street, Suite 301
Manchester, NH 03101
Last Updated: March 8, 2019