General Disclaimer

DSHEA Disclaimer

The statements, opinion and nutritional advice provided by New Metabolism, Inc. have not been evaluated by the Food and Drug Administration. New Metabolism, Inc. products are not intended to diagnose, treat, cure or prevent any disease.

Weight-Loss Disclaimer

The weight-loss testimonials presented apply only to the individuals depicted, cannot be guaranteed, and should not be considered typical. As with any health or fitness program, a sensible eating plan and regular exercise are required in order to achieve long-term weight loss.

Safety Disclaimer

If you are pregnant, nursing, diabetic, on medication, have a medical condition, or are beginning a weight control program, consult your physician before using New Metabolism, Inc. products or making any other dietary changes. Discontinue use if allergic reaction occurs.

Information for General Purposes Only

Information provided on this Web site and on all publications, packaging, and labels is for general purposes only and designed to help you make informed decisions about your health. It is not intended to substitute advice from your physician or health-care professional.

WEBSITE PRIVACY POLICY
EFFECTIVE DATE: September 23, 2011
1. INTRODUCTION
1.1. PURPOSE OF POLICY. New Metabolism, Inc. (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (the “Site”). We created this Website Privacy Policy (this “Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

1.2. NOTICE CONCERNING CHILDREN
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 18 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 18, we will promptly delete any personal information in that user’s account.

2. INFORMATION COLLECTION PRACTICES
2.1. INFORMATION FOR GENERAL PURPOSES ONLY
Information provided on this Web site and on all publications, packaging, and labels is for general purposes only and designed to help you make informed decisions about your health. It is not intended to substitute advice from your physician or health-care professional. In operating the Site, Company may include registration, online surveys, and other online forms that ask users to provide their names, e-mail addresses, and other contact information.

2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(b) COOKIES. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Web site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our website other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.

3. USE AND SHARING OF INFORMATION
3.1. WHAT DOES COMPANY DO WITH COLLECTED INFORMATION?
(a) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about Company.
(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

(c) USE OF COOKIES. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.

(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company or its parent company, subsidiaries or affiliates, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.

(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through this Web site. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.

(f) ACCESS TO INFORMATION. Unfortunately, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with Section 6.1 below.

4. SECURITY
The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

5. WEBSITE AREAS BEYOND COMPANY’S CONTROL
5.1. PUBLIC FORUMS
The Site may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

5.2. THIRD PARTY WEBSITES
The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

6. CONTACT INFORMATION AND POLICY UPDATES
6.1. CONTACTING US
If you have any questions about this Policy, our practices related to this Site, or if you would like to have us remove your information from our database please feel contact us at the following:
New Metabolism, Inc.
2811 Wilshire Blvd, Suite 780
Santa Monica, CA 90403
(310) 828-2251
info@newmetabolism.con

6.2. UPDATES AND CHANGES
We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.

TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Binding Effect
This is a binding agreement. By using the Internet site located at www.NewMetabolsim.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by New Metabolism, Inc. (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Privacy Policy
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Health Disclaimer
Making responsible decisions regarding your health and wellness is your right and responsibility. It is critical for you to educate yourself and understand the contents and effects of the New Metabolism site and products. The views and nutritional advice expressed by New Metabolism, Inc. are not intended to be a substitute for conventional medical service. If you have or suspect that you have a medical problem, promptly contact your health care provider. No material or product on this website is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. No information, service or product offered by New Metabolism, Inc. should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent any disease or condition. All product instructions, warnings and packaging purchased from New Metabolism, Inc. should be carefully read and followed.

FDA Disclaimer
Information, programs and products appearing on this website have not been evaluated by the FDA. The programs and products described herein are not intended to diagnose, treat, cure, or prevent any disease. Always consult your physician or health care professional before starting this or any other health and wellness program. If you are under the age of 18, pregnant, lactating, are allergic, have any other medical condition, please consult a physician before use. Discontinue use if any allergic reaction occurs. Diabetics: Use only under direct medical supervision. KEEP PRODUCTS OUT OF THE REACH OF CHILDREN.

Results May Vary
Results may be greater than or less than those depicted on this site and can be influenced by other factors, including your metabolic rate, energy expenditure, and diet. As with any health or fitness program, a sensible eating plan and regular exercise are required in order to achieve long-term weight loss results.

The Site Does Not Provide Medical Advice
The contents of the New Metabolism, Inc. Site, such as text, graphics, images, information obtained from New Metabolism, Inc.’s licensors, and other material contained on the New Metabolism, Inc. Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the New Metabolism, Inc. Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. New Metabolism, Inc. does not recommend or endorse any specific physicians, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by New Metabolism, Inc., New Metabolism, Inc. employees, others appearing on the Site at the invitation of New Metabolism, Inc., or other visitors to the Site is solely at your own risk.

No Warranties
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limited Liability
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Advertisements, Searches, and Links to Other Sites
New Metabolism, Inc. may provide links to third-party web sites. New Metabolism, Inc. also may select certain sites as priority responses to search terms you enter and New Metabolism, Inc. may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. New Metabolism, Inc. does not recommend and does not endorse the content on any third-party websites. New Metabolism, Inc. is not responsible for the content of linked third-party sites, sites framed within the New Metabolism, Inc. Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. New Metabolism, Inc. does not endorse any product, service, or treatment advertised on the New Metabolism, Inc. Site.

Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnification
You agree to defend, indemnify, and hold New Metabolism, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General
New Metabolism, Inc. is based in Santa Monica, California, in the United States of America with principal offices in Santa Monica, California. New Metabolism, Inc. makes no claims that New Metabolism, Inc., or any Site within the New Metabolism, Inc. Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the New Metabolism, Inc. Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We do not guarantee continuous, uninterrupted or secure access to our services. Further, operations of the Site may be interfered with by numerous factors outside of our control and New Metabolism shall not be held liable for any such interruptions.

Jurisdiction/ Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with New Metabolism, Inc., or in any way relating to your use of the New Metabolism, Inc. Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving New Metabolism, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Severability;Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Complete Agreement

General
Except as expressly provided in a particular “legal notice” on the New Metabolism, Inc. Site, these Terms and Conditions and the New Metabolism, Inc. Privacy Policy constitute the entire agreement between you and New Metabolism, Inc. with respect to the use of the New Metabolism, Inc. Site, and Content.

Thank you for your cooperation. We hope you find the New Metabolism, Inc.com site helpful and convenient to use!

Shipping & Delivery
We make every effort in our power to ship all orders placed before Noon PST, Monday – Friday, that same day. Orders placed after Noon PST Monday – Thursday will ship the next business day. Orders placed Friday after Noon PST – Sunday will be shipped the following Monday. Shipping charges are calculated based on the speed of the shipping option you chose, plus the weight of the items. In accordance with the shipping rates of the vendor we use, all weights are rounded up to the next full pound. As a flat rate range, most packages ship for $8-11 additional shipping fees.

Returns & Replacements
Return & Refund Policy. Any open or unopened item may be returned for any reason within 21 Days of the arrival of your product. There is a 10% handling and restocking fee on all opened returns. Refunds will be issued upon receipt of the returned product. No refunds will be issued for the original shipping costs and you are responsible for return shipping expenses.

To receive a refund, all items must be sent back and received by us (Even if the items are empty you must return the containers they came in). In order to prevent fraud, refunds will not be processed without the supplement bottles.

How to Request a Refund: Send an email to returns@newmetabolism.com.php53-5.ord1-1.websitetestlink.com with (RETURNS) in the subject field. The following must be included in this message to obtain a refund authorization number.

Include:
a) Date of your order
b) Your original invoice number
c) The items you plan on returning
d) A description on why you are returning that/those items
e) How you would like the credit to be issued (to your credit card, NM future credit, exchange)

As soon as we review your request, you will receive a message from us if additional questions need to be answered or a statement that the matter has been resolved.

Support is available Monday thru Friday: 9am to 4pm PST.
Phone: (310) 828-2251

Corporate Info:
New Metabolism Inc.
2811 Wilshire Blvd, Ste 780
Santa Monica, CA 90403