Terms and Conditions of Use
Please read carefully the following Terms and Conditions of Use before using this website.
By using this website or purchasing products from Thorne, you (hereinafter "Professional-Customer," "Health-Care Practitioner," "you," "your") agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.
Thorne reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly.
Throughout Thorne's website, we may refer to you as Professional-Customer, Health-Care Practitioner, Practitioner-Customer, Authorized-Reseller, Reseller, Practitioner or Customer. We use these terms interchangeably to refer to all who have signed up under a Thorne Professional account. These Terms and Conditions of Use apply to you.
- Thorne reserves the right to revise the pricing of its nutritional supplement products at any time and without advance notice.
- Thorne's nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
- If a Thorne product is received in damaged condition, then it should be reported promptly to the 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 business days of receipt of the shipment.
- If a Professional-Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Professional-Customer error, then the Professional Customer can be assessed a restocking fee and the shipping charges.
- Product returns should be pre-approved by Thorne and received within 14 business days of authorization of the return. Please call Thorne's Customer Service Department and speak with the Returns Agent for information about returning product.
- A Return Authorization is required for a product return. The Return Authorization form should be visible on the outside of the shipping box or on the mailing label. Thorne can refuse to accept a returned product if the Return Authorization form is not visible.
- Thorne must receive a returned product before a credit for the returned product can be issued.
- There is a processing fee on returned products. The Professional-Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
- These Terms of Sale can be revised at any time should it be determined that it is in the best interests of Thorne to do so.
- Thorne has always acknowledged the merits of online commerce for our health-care practitioner-customers and their patients.
- Thorne has established a Minimum Advertised Price (MAP) policy to protect its brand, reputation and image.
- Furthermore, we have always strived to ensure appropriate communication, medical education, and patient care standards for online resellers.
- Additionally, our long-held concern has not been resolved regarding the quality of care that patients receive who purchase our products through multiple proprietary e-storefronts and third-party ecommerce platforms, such as Amazon.com, Jet.com, ebay.com, etc.
- After careful evaluation and due consideration, Thorne has come to the conclusion that a different model is needed for the sale of our nutritional supplement products on the Internet; in particular, a model that ensures pricing parity and appropriate patient support.
Therefore, as of May 1, 2016, Thorne has extended exclusive purchasing privileges to a single authorized Practitioner-Based Amazon account and a single authorized proprietary e-storefront account. Thus, all other publicly advertised Internet sales are prohibited.
- Ensures that patient inquiries are addressed promptly and accurately.
- Ensures accurate product tracking in the event of a product recall.
- Ensures proper tracking and resolution of adverse events.
- Ensures compliance with California's Proposition 65.
- Improves patient communications and care.
Some Thorne products can be offered as part of an Affiliate Marketing Program. Thorne uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program. Thorne will designate which customers qualify as affiliates for this purpose.
Images and likenesses of Thorne's trademarks and trade dress (including pictures of bottles bearing Thorne labeling) and copyrighted product descriptions can be downloaded from Thorne websites by Professional-Customers who have opened a Thorne account.
A Professional-Customer does not have the right to affix any Thorne trademark to any product or other material that is not a Thorne nutritional supplement product.
A Professional-Customer agrees to use the trademark symbols "™" or "®" as appropriate, when displaying Thorne's trademarked names or products, as an attribution of Thorne's ownership of its trademarks. The use of a Thorne trademark does not give a Professional-Customer any ownership right, title, or interest, express or implied, in the trademark.
A Professional-Customer's use of Thorne's trademarks should be accompanied by a statement that substantially states the following: "Thorne trademarks are used with permission."
A Professional-Customer should not use Thorne's trademarks except in the form, context, and location that is acceptable to Thorne. Thorne will periodically review Professional-Customer websites and reserves the right to demand that a Professional-Customer make changes to its website regarding the use of intellectual property owned or controlled by Thorne, even if Thorne has previously approved or accepted the Professional-Customer's website or the material displayed thereon.
A Professional-Customer must not use any Thorne product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.
To protect Professional-Customers and Thorne from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, Thorne products cannot be displayed or mentioned within two clicks of any disease claim.
Thorne will periodically review a Professional-Customer's website and reserves the right to demand a Professional-Customer make changes to its website regarding any disease claim regarding a Thorne product, even if Thorne has previously approved or accepted the Professional-Customer's website or the material displayed thereon.
Thorne reserves the right to demand a Professional-Customer make changes to its website to the extent a Professional-Customer is making statements about Thorne products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
The Thorne logo can only be used in the form supplied by Thorne for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Thorne. The Thorne logo may be accompanied by a statement indicating "I (We) proudly offer [insert Thorne logo] products." No other statements may be affiliated with use of the Thorne logo.
A Professional-Customer who violates Thorne's Internet policy will receive a written notice from Thorne that the Professional-Customer is in violation of the policy. If the Professional-Customer does not come into compliance with the policy, then the Professional-Customer will no longer be able to purchase Thorne products.
A Professional-Customer who corrects their website to bring it into compliance with this policy should promptly notify Thorne. Thorne will review the website and if Thorne determines the website is in compliance with this policy, then the Professional-Customer's account will be reactivated.
Thorne has adopted a zero-tolerance approach to this policy. Professional-Customers acknowledge that upon any subsequent breach of any provision of this policy, Thorne may terminate the Professional-Customer's account without notice.
Thorne may, in its sole discretion, revise its Internet policy at any time.
Any failure or delay by Thorne in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent Thorne from enforcing the provision at a later date.
Except where otherwise indicated, all materials presented on Thorne's website are the copyrighted property of Thorne, Inc.
The Thorne logo and the names of various products offered by Thorne are trademarks of Thorne, Inc.
Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.
Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of Thorne, on any other website, in the source code of any other website, or in any other printed or electronic materials.
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 this website's content, or frame this website within any other website, without the prior written permission from Thorne.
Systematic retrieval of data or other content from this 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 this website is prohibited without the prior permission from Thorne.
The information and descriptions presented on Thorne websites are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.
Some portions of some Thorne websites are restricted and require a user identification code ("User ID") and a personal security code ("Password") for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.
In accessing portions of Thorne websites requiring a User ID and Password, you agree that Thorne is entitled to act on instructions received under your User ID and Password and that Thorne is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Thorne.
You must keep your User ID and Password confidential and you should notify Thorne promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of Thorne's websites has occurred or may occur. Thorne may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.
The content and materials on Thorne 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 e-mail 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.
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.
Use of Thorne websites is 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. Any dispute concerning a Thorne website is subject to the venue of a court of competent jurisdiction in Charleston County, South Carolina.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.