Welcome to SIMPLYNUTRIENTS.COM. Simply Nutrients LLC (“SIMPLYNUTRIENTS.COM”) is an online reseller committed to providing you high quality animal and human nutritional supplements and related products.
Use of Site
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this site and its related sites any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Payments for Products
You can pay for products over the Internet on our site. You can do so using a credit card or PayPal or any other method which we choose to offer on the site from time to time. SIMPLYNUTRIENTS.COM does not handle or see your credit card payment information. Your credit card payment will be processed by Braintree Payments a product of PayPal Inc. You can read about Braintree Payments data security at:
In providing you with online payment platforms, we select well-known third-party payment processing and transaction service providers. However, SIMPLYNUTRIENTS.COM cannot guarantee their service or security and you agree that SIMPLYNUTRIENTS.COM will not be responsible for any lapses or liability arising solely from the payment processor’s actions.
Shipping of Goods
Shipping rates will be listed when you process your purchase and before you finalize the order. These shipping charges vary from time to time so please review carefully. Shipping fees are subject to change at any time at SIMPLYNUTRIENTS.COM’s discretion and without prior notice.
While using SIMPLYNUTRIENTS.COM sites, blogs, public forums, services and tools, you will not:
• post content or items in an inappropriate category or areas on our sites;
• post comments about competing sites
• violate any laws, third party rights or our policies;
• use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites or services;
• post information regarding competing products;
• circumvent or manipulate our fee structure, the billing process, or fees owed to SIMPLYNUTRIENTS.COM;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• solicit information from other users;
• infringe the intellectual property of SIMPLYNUTRIENTS.COM or of any third party;
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the sites or using it for purposes unrelated to SIMPLYNUTRIENTS.COM);
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• transfer a SIMPLYNUTRIENTS.COM account to another party without our consent;
• distribute viruses or any other technologies that may harm SIMPLYNUTRIENTS.COM, or the interests or property of SIMPLYNUTRIENTS.COM users;
• copy, modify or distribute rights or content from the SIMPLYNUTRIENTS.COM sites, service or tools or SIMPLYNUTRIENTS.COM’s copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.
• Access or use the site from or by a national or resident of any country to which the U.S. has embargoed services.
• Access or use the site if you are a person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List.
When you use any SIMPLYNUTRIENTS.COM service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notice for Claims of Intellectual Property Violations Pursuant to Section 512(c) of Title 17 of the United States Code
We take claims of intellectual property violations or copyright infringement related to content posted on our sites very seriously. If you have a good faith belief that someone on our site has committed a violation of United States Digital Millennium Copyright Act., that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you can provide SIMPLYNUTRIENTS.COM's designated agent with the following information:
- 1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
- 2. identification or description of the copyrighted work or other intellectual property that you claim has been infringed including any registration numbers related to the work and a copy of the registration certificate with specimen identifying the work. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (e.g. trademark, trade secret or patent).
- 3. identification or description of where the material that you claim is infringing is located on the SIMPLYNUTRIENTS.COM site, with enough detail that we may find it on SIMPLYNUTRIENTS.COM’s website.
- 4. your address, telephone number, and email address.
- 5. a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
- 6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SIMPLYNUTRIENTS.COM’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
SIMPLYNUTRIENTS.COM’s DMCA Agent
9234 Kingston Pike #1114
Knoxville, TN 37922
SIMPLYNUTRIENTS.COM has implemented a policy that provides for the limitation, suspension or termination of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of SIMPLYNUTRIENTS.COM and/or others.
The Abuse of SIMPLYNUTRIENTS.COM
SIMPLYNUTRIENTS.COM and the SIMPLYNUTRIENTS.COM user community work together to keep our sites and services working properly and the user community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-SIMPLYNUTRIENTS.COM transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue SIMPLYNUTRIENTS.COM sites or services. If you spot any posting or other user conduct that you feel is inappropriate or violates our terms and conditions, please notify us at INFO@SIMPLYNUTRIENTS.COM.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to SIMPLYNUTRIENTS.COM, its licensor, or its affiliates. The collection, arrangement, and assembly of all Content on this site (the "Compilation") belongs exclusively to SIMPLYNUTRIENTS.COM, its licensor or its affiliates. All software used on this site (the "Software") is the property of SIMPLYNUTRIENTS.COM, its licensor or its affiliates. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. SIMPLYNUTRIENTS.COM and other logos, slogans, trade names or trademarks that appear on the SIMPLYNUTRIENTS.COM site or on SIMPLYNUTRIENTS.COM branded products are registered trademarks, trademarks or service marks of SIMPLYNUTRIENTS.COM, its licensor or its affiliates. The use of any of our trademarks or service marks, or confusingly similar imitations thereof, including but not limited to use on products or services, without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. The brands and trademarks and designs on third party branded products are the property of the respective product producers. To the extent that images of their products that are sold on SIMPLYNUTRIENTS.COM are reproduced on the site that is done solely to assist the consumer in purchasing the product and is not meant to represent any authority or affiliation with the producer of the product.
SIMPLYNUTRIENTS.COM Charges and Services
We may choose to temporarily change the fees for our goods and services for promotional events, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all prices and applicable taxes associated with products that you purchase in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) If we are forced to take any legal actions for failure to make payment in whole or in part, the prevailing party in the action will be entitled to attorney’s fees and costs incurred including but not limited to any demand letters, pre-litigation legal services, lawsuits, arbitrations, mediations, and appeals.
When you post content to the sites in the form of images, reviews, comments or recommendations, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You may return an unopened item for a full refund at any time within 30 days of purchase given it is in original condition and unopened. Opened items and refrigerated products (i.e. probiotics) may not be returned. If we receive opened items or refrigerated products, they will be discarded and not refund will issue. Gift cards, coupons, promotions and free gifts are non-refundable. We will usually issue the refund to your selected payment method in 3 to 5 days from receipt of the returned product.
If you received any products in a damages condition, hang on to your shipment and DO NOT discard any damaged boxes, packaging, or products. Report the damage to us and we will determine if you should return the product for a replacement. You may be asked to provide pictures of your damages to help in the processing of your claim.
Risk of Loss; Other Terms of Sale
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
SIMPLYNUTRIENTS.COM products do not come with any warranties except as expressly listed on the product packaging, and any disclaimers set forth on such product packaging apply to such product. Products from third party manufacturers do not come with any warranties except as expressly listed on the product packaging, and any disclaimers set forth on such product packaging apply to such product. Such third party manufacturers, and not SIMPLYNUTRIENTS.COM, are solely responsible for any such warranties.
THE CONTENT ON SIMPLYNUTRIENTS.COM IS NOT INTENDED AS MEDICAL ADVISE OR FOR DIAGNOSIS. PRODUCT INFORMATION SHOULD NEVER BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR VETERINARIAN OR PHYSICIAN.
The Limitation of Liability
THIS SITE AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. YOU WILL NOT HOLD SIMPLYNUTRIENTS.COM RESPONSIBLE FOR THIRD PARTY CONTENT, MISCONDUCT, ACTIONS OR INACTIONS. YOU ACKNOWLEDGE THAT WHILE WE VALUE AND SEEK TO SAFEGUARD OUR CUSTOMER’S INFORMATION, SIMPLYNUTRIENTS.COM IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES WHO STEAL THE INFORMATION WITHOUT AUTHORITY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITES OR SERVICES, AND OPERATION OF OUR SITES OR SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT TO THE EXTENT OTHERWISE STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES AND TOOLS. ALSO, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS PAID FOR THE PRODUCT OR PRODUCTS AT ISSUE IN THE CLAIM (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS AND (B) $100.
Robot, Spider, Scraper, usage Prohibited
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to SIMPLYNUTRIENTS.COM by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand-written permission. Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of SIMPLYNUTRIENTS.COM and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites or services, or any activities conducted on or with the sites or services; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
If a dispute arises between you and SIMPLYNUTRIENTS.COM, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and SIMPLYNUTRIENTS.COM agree that we will resolve any claim or controversy at law or equity that arises out of this User Agreement or our services (a "Claim") in accordance with this section or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through mediation.
• Law and Forum for Legal Disputes - This User Agreement shall be governed in all respects by the laws of the State of Tennessee as they apply to agreements entered into and to be performed entirely within Tennessee between Tennessee residents, without regard to conflict of law provisions.
• Arbitration Claims Under $5,000 - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief the dispute will be resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes before a single arbitrator panel. The AAA's rules are available at www.adr.org. The AAA and the parties must comply with the following requirements: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall not exceed $10,000.
• Arbitration Claims for $5,000 or More - Any dispute or claim for $5,000 or more will be resolved by binding arbitration. If you are a U.S. resident the arbitration will be resolved pursuant to the commercial rules of the AAA before a single arbitrator panel. If you are not a U.S. resident the arbitration will be resolved pursuant to the International Dispute Resolution Procedures of the AAA. The arbitration will be conducted in Knox County Tennessee, U.S. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will be authorized to award attorney’s fees and costs to the prevailing party.
• The Federal Arbitration Act and federal arbitration law apply to this User Agreement.
• Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
• Notwithstanding the foregoing, for any claims involving infringement of a trademark, copyright, patent or of a trade secret, suit may be brought for the infringement claim and all concurrent claims before a United States court of competent jurisdiction.
• To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us and to the American Arbitration Association, South Park Tower
6000 Fairview Road, Suite 1200, Charlotte, NC 28210.
• Notwithstanding the foregoing, a party may seek preliminary injunctive relief in a court of competent jurisdiction for any claims involving intellectual property.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
How to Contact Us
You can contact us in writing at the following address:
9234 Kingston Pike #1114
Knoxville, TN 37922
By e-mail to our SIMPLYNUTRIENTS.COM Customer Satisfaction Team at:
By phone to our SIMPLYNUTRIENTS.COM Customer Satisfaction Team at:
1 (800) 560-1492
• Modification. SIMPLYNUTRIENTS.COM may update this User Agreement at any time and from time to time by posting such updates on this web page and either providing notice to the last e-mail address you provided to us or providing you with notice by other similar means, including, without limitation, providing you with notice upon your next attempt to access the site. If an amendment or update changes how we use your Personal Information or applicable law otherwise requires your consent, we will also seek your consent prior to such update applying to you. Upon providing notice as noted above, amendments and updates which do not require your consent will be effective regardless of whether your consent is obtained.
• Waiver. The failure or delay of SIMPLYNUTRIENTS.COM to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
• Binding Effect. Except as expressly provided in this User Agreement, nothing in this User Agreement will confer any rights or remedies under or by reason of this User Agreement on any person or entity other than the Parties and their respective successors and permitted assigns.
• No Assignment. You shall not assign this User Agreement, or any right or obligation pursuant to this User Agreement, without the prior written consent of SIMPLYNUTRIENTS.COM.
• Agreement to Be Bound and Survival. Your agreement to be bound by this User Agreement commences with the earlier of your click-accepting this User Agreement, your accessing or using the site, or otherwise submitting information to SIMPLYNUTRIENTS.COM through the site. Your agreement to be so bound will continue until this User Agreement is terminated pursuant to the terms of this User Agreement or your right to access and use the site is terminated, subject to the survival of each of each of the provisions of this User Agreement which by their nature are intended to survive the termination of this User Agreement.
• Counterparts and Electronic Versions. This User Agreement may be accepted in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. This User Agreement may be accepted in electronic format and/or with digital signatures, each party reserves the right to maintain an accepted copy of this User Agreement in electronic form only, and each party hereby agrees that a print-out of such electronic form of this User Agreement will be deemed an original for all purposes relating to the enforceability of the terms and conditions of this User Agreement.