Terms of Sale.
- Pricing. Thorne reserves the right to revise the pricing of the Products at any time and without advance notice.
- Shipping. Thorne Products are shipped according to the standard methods of shipping in place at the time.
- Receipt of Products. If a Product is received in damaged condition, then it should be reported promptly to Thorne's Customer Service Department. If a discrepancy exists between the quantity or items ordered and the quantity or items received, then Thorne should be notified within seven (7) business days of receipt of the shipment.
- Product Returns. Product returns will be guided by the return policy terms of Thorne. In the event a product needs to be returned, the End User should contact Thorne's Customer Service to arrange a return.
- Purchase Orders and Products. Orders for Products ("Purchase Orders") made by End User shall be handled pursuant to Thorne's then-current product order, shipment, and return policies and procedures, which may be amended by Thorne at any time in its sole and absolute discretion. Thorne reserves the right to reject any Purchase Order, in whole or in part, for any reason. Thorne reserves the right, at any time in its sole and absolute discretion and without any obligation, liability or advance notice to End User, to discontinue the sale of or limit the production of any Product, to terminate or limit deliveries of any Product, to alter the design or composition of any Product, and to add new and additional products to or delete existing Products from its product lines.
Representations of End Users.
End User makes the following representations to Thorne in order to induce
Thorne into selling Products to the End User.
- Purchasing Products Only for Personal Use. End User represents that he or she is purchasing Products from Thorne solely for End User's personal use and not for resale.
- Accuracy of Personal Information. End User represents that he or she has provided accurate personal information (name, email address, physical address, and telephone number) in registering as a Thorne customer.
- Intellectual Property. Except where otherwise indicated, all materials presented on Thorne's website are the copyrighted property of Thorne. The Thorne logo and the names of various products offered by Thorne are trademarks of Thorne. Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of Thorne's website's content, or frame Thorne's website within any other website, without the prior written permission from Thorne. Systematic retrieval of data or other content from Thorne's website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Thorne, is prohibited. Linking from another website to any page in Thorne's website is prohibited without the prior permission from Thorne.
Use of Thorne's Websites.
- Products. The information and descriptions presented on Thorne's websites are intended as general information, and are not necessarily complete descriptions of every Product, indication for use, or contraindication for use.
- Disclaimer of Warranties. The content and materials on Thorne's websites are provided "as is" and without representations or warranties of any kind, either express or implied. Thorne expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Thorne does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that Thorne's websites, its servers, or any email sent from Thorne are free of viruses or other harmful components. Because some states do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.
- Limitation of Liability. Thorne is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of Thorne, the unauthorized access to or alteration of your transmissions or data, even if Thorne has been advised of the possibility of such damages. Because some states do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.
- Modifications. Thorne reserves the right to update, amend, or modify the Terms upon written or electronic notice to End User. Unless otherwise provided, such amendments will take effect immediately and End User's continued use of Thorne's website or purchase of the Products following notice will be deemed End User's acceptance of the amendments.
- Severability. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid.
- Mediation. Any dispute regarding the Terms shall be resolved by binding mediation, the selected venue of which shall be Charleston, South Carolina, before a certified mediator licensed by the South Carolina Bar. The mediator will not have the power to alter, modify, or amend any term or provision of the Terms nor to grant punitive or exemplary damages. Until the mediator's award is issued, each respective side shall bear their own advisor fees, and the out-of-pocket costs of the mediator and the mediation shall be shared equally by the parties to such mediation; provided, however, that the mediator's award shall reallocate those fees and costs in favor of the prevailing party in the mediator's award.
- Governing Law. Use of Thorne's websites and these Terms shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any principles of conflicts of laws. Subject to the Mediation provision set forth in Section 5(c), End-user expressly submits to personal jurisdiction and venue in the federal or state courts in Charleston County, South Carolina.