Website Terms & Conditions

 These Website Terms and Conditions (“Terms”) apply to individuals (“You”, “Your” or “User”) that access the website at www.dailypetessentials.com (the “Site”), and make use of the Site for the purchase of products and/or services (collectively “Products”) of Nutris RX, LLC and affiliated entities (“Nutris RX”, “Our”, or “We”).  The Site and Products are offered to You conditioned on Your acceptance without modification of these Terms.  Your use of the Site and Products constitutes Your agreement to all such Terms.  Please read these Terms carefully and keep a copy of them for Your reference.  Products may be further subject to additional terms and conditions (including but not limited to Our Wholesale Terms).

1.     Privacy Policy

Your use of the Site is subject to Nutris RX’s Privacy Policy.  Please review Our Privacy Policy, which also governs the Site and informs Users of the data collection practices.

2.     Electronic Communications

Visiting the Site or sending emails to Nutris RX constitutes electronic communications.  You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

3.     Your Account

If You use the Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.  You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Nutris RX is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Nutris RX and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at Our sole discretion.

By agreeing to these Terms, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given us Your consent to allow any of Your minor dependents to use the Site.

You may not use the Products or the Site for any illegal or unauthorized purpose nor may You, in the use of the Product(s) or the Site, violate any laws in Your jurisdiction (including but not limited to copyright laws).

4.     Links to Third Party Sites and Services

The Site may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Nutris RX and Nutris RX is not responsible for the contents of any Linked Sites, including any link contained in Linked Sites, or any changes or updates to Linked Sites.  Nutris RX is providing these Linked Sites to You only as a convenience, and the inclusion of Linked Sites does not imply endorsement by Nutris RX of the other website or any association with its operators.

Certain Products made available via Nutris RX are delivered by third party sites and organizations. By using any Products or functionality originating from Nutris RX, You hereby acknowledge and consent that Nutris RX may share such information and data with any third party that has a contractual relationship to provide the requested Products or functionality on behalf of Nutris RX Users and customers.

5.     Orders

All orders for Products from the Site (“Orders”) require payment via debit or credit card and such payments are processed through use of a third party payment processor.  You agree to pay all fees and charges incurred by You or any Users of Your account and credit card (or other applicable payment method) at the price(s) in effect at the time the charges are incurred.  You are responsible for paying any applicable taxes relating to Your Orders.  All amounts appearing on the Site are quoted in U.S. Dollars.  If any Products are mispriced by Our discovery, Nutris RX will either

  • if a Product’s correct price is lower than the stated price, charge the lower amount and ship You the Product; or 
  • if a Product’s correct price is higher than the stated price, at Our discretion, either contact You for instructions before shipping the Product or cancel Your Order and notify You of such cancellation.

Any Orders from Nutris RX through the Site, or a third-party provider, shall require You to supply certain information applicable to Your Order, including, without limitation, credit card details and shipping information.  You understand that any such information will be treated by Nutris RX in the manner described in Our Privacy Policy.  You agree to provide current, complete and accurate purchase and account information for all Orders made on the Site. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.

Prices and availability for any Products are subject to change without notice.  Nutris RX reserves the right, without prior notice, to refuse any Order that You place on the Site for any reason at any time.  We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.  In the event that We make a change to or cancel an Order, We may attempt to notify You by contacting the email provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in Our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.  We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of Products.

Shipping, return and exchange of any Products purchased from the Site are subject to the shipping and return policies found in these Terms.  We reserve the right to change Our shipping and return policies at any time.  Nutris RX does not warrant Product descriptions or other content are wholly accurate, complete, reliable, current or error-free.  If a Product offered on the Site is not as described, Your sole remedy is to return it in unused condition.

You understand that Your content (not including credit card information), may be transferred unencrypted and involve:

  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices. 

Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products, or access to the Products or any contact on the Site through which the Products are provided, without express written permission by Nutris RX.

6.     Subscription

By clicking on the “Start Subscription” button on any eligible Product(s), You accept the terms, limitations, conditions, and requirements for a subscription (“Subscription”).  You can make changes to Your Subscription by logging into Your account, navigating to the “My Subscriptions” page and completing the form. You must complete the form two (2) business days before Your next Order is scheduled to generate, otherwise the change may not be reflected in the next Order.  When You make a change to Your Subscription, it will not alter Orders already charged to Your account and in progress. Orders already charged to Your account, or in progress, cannot be changed. If You choose to cancel Your Subscription, it cancels all future Orders.  Orders already charged to Your account and in progress or Orders already in the shipping department ready to ship, will be sent to You as scheduled. Orders already charged to Your account cannot be cancelled. 

7.     No Unlawful or Prohibited Use of Intellectual Property

You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of Your use of the Site, You warrant to Nutris RX that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site and/or Products, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nutris RX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  The Site content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any content and You will not delete or alter any proprietary rights or attribution notices in any content.  You will use the content solely for Your personal use and will make no other use of the content without the express written permission of the copyright owner. You agree that You do not acquire any ownership rights in any content. We do not grant You any licenses, express or implied, to the intellectual property of Nutris RX or Our licensors except as expressly authorized by these Terms.

8.     Use of Communication Services

The Site may contain product reviews, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; 
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; 
  • advertise or offer to sell or buy any goods or services for any business purpose; 
  • conduct or forward surveys, contests, pyramid schemes or chain letters; 
  • download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; 
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; 
  • restrict or inhibit any other user from using and enjoying the Communication Services; 
  • violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; 
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • violate any applicable laws or regulations.

Nutris RX has no obligation to monitor the Communication Services. However, Nutris RX reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  Nutris RX reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Nutris RX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nutris RX’s sole discretion.

Always use caution when giving out any personally identifying information about Yourself or Your dependents in any Communication Service.  Nutris RX does not control or endorse the content, messages or information found in any Communication Service and, therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service.  Managers and hosts are not authorized Nutris RX spokespersons, and their views do not necessarily reflect those of Nutris RX.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload any such materials.

9.     Materials Provided to Nutris RX or Posted on any Nutris RX Site

Nutris RX does not claim ownership of the materials You provide to Nutris RX (including feedback and suggestions) or post, upload, input or submit to the Site or Our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting Nutris RX, Our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their internet businesses including, without limitation, the rights to:  copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission, and to publish Your name in connection with Your Submission.

No compensation will be paid with respect to the use of Your Submission, as provided herein.  Nutris RX is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in Nutris RX’s sole discretion. 

By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

10.   Third Party Accounts

You will be able to connect Your Site account to third party accounts.  By connecting Your Site account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.

11.   International Users

The Site is controlled, operated, and administered by Nutris RX from Our offices within the USA.  If You access the Site from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Site or content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

12.   Indemnification

You agree to indemnify, defend and hold harmless Nutris RX, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Site or purchase Products, any User postings made by You, Your violation of any terms of these Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations.  Nutris RX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Nutris RX in asserting any available defenses.

13.   Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

14.   Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other.  Further, unless both You and Nutris RX agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

15.   Liability Disclaimer

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  NUTRIS RX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  NUTRIS RX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  NUTRIS RX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON­INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRIS RX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NUTRIS RX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN SUCH CASE IN NO EVENT SHALL NUTRIS RX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE PRICE PAID BY YOU FOR SUCH PRODUCTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

16.   Termination and Access Restriction

Nutris RX reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Wisconsin and You hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Nutris RX as a result of these Terms or use of the Site.  Nutris RX’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Nutris RX’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Nutris RX with respect to such use.  If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.  Unless otherwise specified herein, these Terms constitute the entire agreement between the User and Nutris RX with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Nutris RX with respect to the Site.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

17.   Changes to Terms

Nutris RX may update these Terms from time to time. The “Revision Date” of these Terms will be updated when changes are made, and the revised Terms will be posted on the Site. The most current version of these Terms will supersede all previous versions.  Nutris RX encourages You to periodically review the Terms to stay informed of updates.

18.   How to Contact Us

You may raise any questions regarding these Terms by contacting us at:

Nutris RX, LLC

PO Box 98

Pewaukee, Wisconsin 53072