Terms and Conditions

Last Updated: July 10, 2020

Welcome to fortisform.com, a website owned and operated by FortisForm. (“FortisForm”, “us” or “we”). These Terms and Conditions (“Terms”) constitute a legally binding agreement made by and between FortisForm and you as the user of the Site (“you”). These Terms create a binding and enforceable legal contract between FortisForm and you, whether or not you are a registered user. The Terms govern your use of the goods and services we make available on the Site (“Services”). Please read these Terms carefully as they govern your use of our Site, our products offered (both by third-parties and our own products, collectively, “Products”) and the content accessible via our Site. 

By using the Services in any manner, including, but not limited to, registering for an account, visiting, browsing or making purchases through the Site, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Site. If you do not accept these Terms, you are not permitted to access or use the Site or our Services. 

If you have any questions about these Terms, please contact us by email at [email protected].

 

DISCLAIMER

  1. This site does not provide any medical advice. Information on this website is provided for informational purposes only and is not intended as a replacement for the advice provided by a healthcare professional. Information on this website, including but not limited to: plan, class, membership content descriptions, product descriptions, ads, links, blog posts, and articles, is not intended for diagnosis or treatment of a health problem or disease, or prescribing any medication, supplement or other treatment. Under no circumstances will we be liable for any injury, loss or damage caused by your reliance on information obtained through the Site or the use of any of our products. Never disregard professional medical advice or delay in seeking professional advice because of something you have read or watched on this web site. You use all the products and content on our site at your own risk.

  2. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided on our Site, regardless of author or topic, is at your own risk.

  3. While privacy is a priority for us, the use of this website does not create a professional-client relationship. Information provided on this web site and the use of any products or services purchased from our web site by you does not create a doctor-patient relationship between you and FortisForm, its owners, employees, or any of the consultants affiliated with our web site.

  4. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating. You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.

  5. While we do vet our products, you should carefully read all product packaging and instructions for any products or services purchased from this Site. FortisForm does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered on the Site or linked to through the site. FortisForm will not be liable for offensive or illegal conduct of any third party. These limitations will apply even if a remedy fails of its essential purpose.

  6. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

 

GENERAL

  1. Eligibility. You understand and agree that to use the Site you must be of legal age (18 years of age or older, or, if you have parental consent, 13 years of age). Whether using the Site for personal use or on behalf of a third party, you agree that you comply with our individual user requirements or are an authorized representative of the third party and that your use of the Site constitutes that third party’s acceptance of these Terms. 

  2. License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, nontransferable right to access the Site and use the Services for your personal, non-commercial use. FortisForm reserves the right to monitor your usage of the Site and Services for the purpose of determining that it complies with these Terms. FortisForm reserves the right to freeze, cancel, or revoke any user’s access, orders, or use of the Site or Services at any time for any reason. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.

  3. Privacy Policy. FortisForm’s Privacy Policy (which describes how we collect, use and disclose your personal data, and the basis for this) is incorporated into and is a part of these Terms.

  4. Prohibited Conduct. We strive to deliver a great experience for FortisForm users that is inclusive, friendly, useful and professional. You may not use the Site or Services other than as permitted in these Terms outlining proper use. You may not copy, reproduce, modify or distribute our content. You may not interfere with or damage the technology, Services or Site, or attempt to obtain unauthorized access, content, or information about other users. You may not interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Sites.

ORDER REGISTRATION AND USE

  1. Order Registration and Maintenance. If you create an order, you must provide us with complete and accurate information. Updating such information to keep it complete and accurate is solely your responsibility. 

  2. No Obligation to Retain a Record. FortisForm has no obligation to retain a record of your order(s) or any data or information that you may have stored for your convenience by means of the Services after any order has been fulfilled.

MEMBERSHIPS AND PROMOTIONS

  1. Memberships. Beyond a one-time purchase, we offer a subscription plans (a “Membership” or “Memberships”) which includes, but are not limited to, regular shipments of consumer product assortments, coupons or discount codes to third-party vendors, or which enable digital access to features and benefits available on the FortisForm platform. Our Memberships are also subject to our FortisForm Membership Terms, which provide additional information regarding Memberships (including term, delivery frequency of Memberships that include all FortisForm plans, classes, memberships, and pricing).

  2. MEMBERSHIPS AUTOMATICALLY RENEW. You acknowledge and agree that each membership automatically renews, and you will continue to be charged, unless and until you cancel your membership, or we suspend or terminate it, in accordance with these terms and/or the FortisForm membership terms.

3 Cancellation Policy. Memberships may be cancelled any time subject to these Terms and the FortisForm Plan Membership Terms. In order to cancel your Membership, you must: (a) email us at [email protected], indicate that you wish to cancel and the current date. You must contact us and complete cancellation within the timeframes stated in the FortisForm Plan Membership Terms for your cancellation to be effective in a timely fashion. There are no cancellation fees. Canceling your Membership does not provide you a refund for Membership payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle.

4 Promo Codes. FortisForm may, occasionally and in its sole discretion, offer  promotional codes for discounts. Promotional codes are nontransferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by FortisForm at any time in its sole discretion.

  1. TERMS OF SALE

The following terms apply to your purchase of the products offered on the Site, whether by way of a Membership, “add-on” product, or otherwise (“Products”).

1 Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Sites may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or other circumstances that may affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

2 Availability and Pricing. FortisForm reserves the right to change the prices and available Products and Memberships at any time. Any Membership you have already paid for will not be affected by such change for the then-current term of the Membership. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on the Sites are available for shipment only to the United States and all prices and transactions are in U.S. dollars. Prices do not include any shipping and handling fees or any applicable taxes. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by FortisForm in its sole discretion, to cover the cost of processing, handling and shipping orders. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation due to our error.

3 Purchasing Products. Submitting an order to buy the Products on our Site is only accepted once we ship the Products ordered. Any confirmations received before shipment does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product stock, or for any other reason.

4 Orders. We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable once received; we may grant or deny cancellation requests in our sole and absolute discretion. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.

5 Returns. We do not allow returns or substitutions of Products to FortisForm or any FortisForm brand partners and/or vendors. All sales are final. 

6 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion. 

  1. Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships, which automatically renew. We accept the forms of payment stated on the Site and, for credit and debit card payments, charge your credit or debit card when your order is processed. The bank issuing your credit or debit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

  2. Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

  3. Personal Use Only. Products are for your personal use only. You agree not sell or resell any Products you purchase or otherwise receive from us in connection with your Membership. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.

  4. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES

5.1 Intellectual Property Rights. All content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Using the Sites and/or Services does not give you any ownership of or right in or to any FortisForm content, property, technology, or anything else.

2 Third-party Content or Services. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content, services, or products. In addition, the Site may contain links to third-party websites. FortisForm is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content, services, or product on such third-party sites. FortisForm will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party, or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including legal fees) that you may incur arising from or related to such third party’s services or products.

  1. CONTRIBUTIONS TO FortisForm

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Sites or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:

  1. License to FortisForm. By sharing, submitting or uploading any User Content, you grant FortisForm a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

  2. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted above.

  3. Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph and any other biographical information that you submit with any User Content.

  4. Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you agree and confirm that: (1) you have all rights, licenses, consents and releases necessary to grant FortisForm the required rights to disseminate any User Content; and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or FortisForm’s use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

  5. INFRINGEMENT

  6. Infringement Notification. FortisForm respects the rights of others and we expect users of our Sites and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

  7. How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to FortisForm at [email protected]. In any such notice, please include sufficient information to address the items specified below: 

Identify all copyrighted work claimed to have been infringed by including URLs and screenshots. 

Provide your full name, working email address, physical address, and telephone number so we can confirm your claim or should we need to clarify any portion of it. Include details of your claim to the material, or your relationship to the material’s copyright holder.

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

If true, 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 copyright owner to make this complaint.”

Sign the document, physically or electronically.

  1. WARRANTIES

Except as otherwise provided in the warranty terms, the products, services and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the products or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. FortisForm does not warrant that any products will be in stock, safe, defect-free, conform with written or oral specifications, guarantees, representations, warranties or promises, or that products will not be lost or damaged in shipment. 

Use of sites is at your own risk. FortisForm does not represent or warrant that the sites, services or emails sent to you will be uninterrupted, error-free, secure, free of viruses or other harmful code, or that all information will be accurate or complete. You agree that your use of the sites shall be at your sole risk and that you will be solely responsible for any damage to your hardware or loss of data that results from the download of material or data. FortisForm makes no representation, warranty, guarantee or promise that the products, sites or services will meet your requirements or achieve any particular results. FortisForm will not be responsible for any third-party content or services on the sites, any links to third-party websites or any third-party websites. packaging, labels and instructions may contain manufacturer disclaimers and limitations of liability that apply to the products you purchase. FortisForm makes all disclaimers in this paragraph on behalf of itself and its licensors and suppliers.

We take no responsibility for third-party materials. FortisForm does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the sites or any website featured or linked to through the site, and FortisForm will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. FortisForm will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

Limitation of Liability

Because some states or jurisdictions may not allow limitations on the duration of implied warranties, or limitations on or exclusions of consequential or incidental damages, some of the below limitations may not apply to you depending on your state of residence.

In no event will FortisForm, its affiliates or their respective officers, directors, employees or representatives (collectively “FortisForm”) be liable for any indirect, incidental, special,consequential or punitive damages or injury resulting from the performance, use of or the inability to use the sites, services or products, even if FortisForm has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. FortisForm will not be liable for the cost of replacement products, loss of revenue or loss of good will.

Our liability is limited. In any event, our aggregate liability will not exceed the amount paid for the product(s) to which the claim relates or, if the claim does not relate to a product, $100.

INDEMNITY

You agree to defend, indemnify and hold harmless FortisForm, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Sites; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Sites or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

TERMINATION

These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Sites, temporarily or permanently, at any time and without prior notice.

We may modify or terminate the Sites or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.

We may deny you access to all or part of the Sites at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any order outstanding at the time of termination.

If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. 

DISPUTES

You and FortisForm agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to FortisForm in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of Texas, without regard to conflict of laws principles, will govern all Covered Matters.

In the event of arbitration, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If your claim is for U.S. $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $5,000, the right to a hearing will be determined by the AAA Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, FortisForm will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, FortisForm is relieved of its obligation to reimburse you for any fees associated with the arbitration.

For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior