Terms of Service
Last Updated: Aug.8.2024
The following terms and conditions (the “Terms of Service”) constitute a binding agreement between you and Innovative Intakes LLC (“Innovative Intakes,” “we,” or “us”) with respect to your use of www.iiu.health (the “Site”), and the services available on the Site, including any Content (as defined below) (collectively, the “Site Services”), and your purchase and use of our dietary supplement products (“Products”). By accessing or using the Site Services or purchasing or using the Products in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these Terms of Service and our Privacy Policy (accessible through the bottom navigation of our website, www.iiu.health), which is incorporated herein by reference, and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to these Terms of Service or our Privacy Policy, do not use the Site Services or purchase or use the Products.
Changes to Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. The date these Terms of Service were last updated is set forth at the top of this page. All changes are effective 30 days after posting for current users and immediately for new users, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Products for Personal Use Only
Our Products and any samples we may provide are for personal use only. You may not sell, resell, or offer for sale any of the Products or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order that we believe, in our sole discretion, may result in the violation of these Terms of Service.
Unauthorized Sellers
Our Products are currently available through our website (www.iiu.health). We strongly recommend that you do not buy our Products from any unauthorized sellers, as the Product may be used, defective, expired, or counterfeit. In the event you do purchase our Product from an unauthorized seller, we will not be liable in any manner and we fully reserve the right to withhold any customer support with respect to such Product. Our return policy will not apply to any Product purchased from an unauthorized seller.
Scope of and Restrictions on Use
Subject to these Terms of Service, Innovative Intakes grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site Services for your personal, legitimate use, including any graphics, text, instructions, images, audio files, videos, and other materials you may view on, access through, or are otherwise related to the Site Services (collectively, the “Content”).
Except as otherwise provided in these Terms of Service, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Innovative Intakes. You agree not to:
• Collect or “harvest” information from the Site Services using an automated software tool or manually on a mass basis;
• Use automated means to access the Site Services, or gain unauthorized access to the Site Services or to any account or computer system connected to the Site Services;
• Obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
• “Flood” the Site Services with requests or otherwise overburden, disrupt, or harm the Site Services or our systems;
• Interfere with, restrict, or inhibit other users from accessing or using the Site Services;
• Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content;
• Access or use the Site Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein;
• Use, display, mirror, or frame the Site or any individual element within the Site, Innovative Intakes’ name, any Innovative Intakes trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Innovative Intakes’ express written consent;
• Access, tamper with, or use non-public areas of the Site, Innovative Intakes’ computer systems, or the technical delivery systems of Innovative Intakes’ providers;
• Attempt to probe, scan, or test the vulnerability of any Innovative Intakes system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Innovative Intakes or any of Innovative Intakes’ providers or any other third party (including another user) to protect the Site;
• Use any meta tags or other hidden text or metadata utilizing an Innovative Intakes trademark, logo URL without Innovative Intakes’ express written consent;
• Use the Site to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
• Collect or store any personally identifiable information from the Site from other users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Engage in any activity that poses or creates a privacy or security risk to any person, or any activity which, in the sole judgment of Innovative Intakes, is objectionable or which may expose Innovative Intakes or its users to any harm or liability, or interfere with or disrupt the Site;
• Disseminate or post anything unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or use any material that could result in any of these;
• Transmit any material that encourages conduct constituting a criminal offense, or otherwise breaches any applicable laws, regulations, or code of practice;
• Engage in commercial activities, advertising, or soliciting business; or
• Encourage or enable any other individual to do any of the foregoing.
Although Innovative Intakes is not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms of Service, and to comply with applicable law. We have the right to investigate violations of these Terms of Service or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Account Registration and Security
Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Innovative Intakes of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password. We retain the right to provide user billing, account, content, purchase or use records, and related information in response to legal responsibilities, lawful processes, orders, subpoenas, or warrants, or to protect our rights, customers, or business.
Payments
When you purchase Products, you will be asked to provide your payment card information. All payment information is stored, and all transactions facilitated, by our third-party service providers. You hereby authorize Innovative Intakes and such third-party service providers to share your information and payment instructions to the extent necessary to complete payment transactions in accordance with these Terms of Service, including personal, financial, credit card payment, and transaction information. If applicable, you may be charged for local taxes. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information. You are responsible for charges for all internet access services and telecommunications services needed for use of the Site and Services.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
Refunds
We stand by the quality of our Products. Please review our Refund and Return Policy (accessible through the bottom navigation of our website, www.iiu.health) for more information, which governs all potential refunds and returns, and is incorporated herein by reference. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH OUR REFUND AND RETURN POLICY.
Risk of Loss
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
Ownership
The Site Services (including the Content, design of the Site, and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from the Site) are owned by Innovative Intakes and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Innovative Intakes and its licensors. You acknowledge and agree that, as between you and Innovative Intakes, we are and shall remain the sole owner of the Site Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto. Nothing on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Site without our prior written permission.
Feedback
While we appreciate your interest in the Services and our business, Innovative Intakes does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Innovative Intakes might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials (“Feedback”) disclosed or offered to us by you via the Services or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary. You hereby grant us a non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit any and all such Feedback.
Electronic Communications
The communications between you and Innovative Intakes via the Site Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy Policy
You acknowledge and agree that all information collected by Innovative Intakes is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
Change and Suspension
Changes to the Services. All features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Innovative Intakes reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. We have the right, at our sole discretion, to deny access to, and/or to suspend or terminate your access to, the Services or to any features or portions thereof, for any or no reason. In the event that we suspend or terminate your access to the Services, you will continue to be bound by these Terms of Service.
Notice Regarding Medical Advice
INNOVATIVE INTAKES IS NOT A HEALTH CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE. The Content on the Services is for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Unless otherwise stated, the Products and statements about Products and health conditions have not been evaluated or approved by the U.S. Food & Drug Administration. Always seek the advice of your physician or other qualified health care provider for medical care and with any questions you may have regarding a medical condition. Always speak with a health care practitioner before making any changes to your diet or nutrition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service. If you think you may have a medical emergency, call your physician or 911 immediately. Furthermore, Innovative Intakes does not refer, recommend, or endorse any particular health care provider, procedure, opinion, or other information that may appear through the Site Services. Your use of the Site Services, inclusive of any Content, is solely at your own risk.
Accuracy of Information; Disclaimer of Warranties; Limitations of Liability
Accuracy of Information. Innovative Intakes attempts to ensure that information on the Site is complete, accurate, and current, but information may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of information on the Site.
Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND INNOVATIVE INTAKES HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER INNOVATIVE INTAKES NOR ANY PERSON ASSOCIATED WITH INNOVATIVE INTAKES MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, HEALTH IMPACT, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, INNOVATIVE INTAKES HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WITHOUT LIMITING THE FOREGOING, NEITHER INNOVATIVE INTAKES NOR ANYONE ASSOCIATED WITH INNOVATIVE INTAKES REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INNOVATIVE INTAKES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, INNOVATIVE INTAKES IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INNOVATIVE INTAKES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF PAYMENTS MADE BY YOU TO INNOVATIVE INTAKES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS IN SUCH TWELVE (12) MONTH PERIOD, INNOVATIVE INTAKES’ SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this section may not apply to you.
Indemnification
You agree to indemnify, defend, and hold Innovative Intakes and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Service or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Service.
Third-Party Materials
The Site Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that Innovative Intakes is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Third-Party Platforms
We may provide the Site Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third-Party Platforms.
User Content
Except for personally identifiable information, which is subject to our Privacy Policy, any information, reviews, material, videos, pictures, ideas, comments, or other communications that you provide to the Site (“User Content”) is and will be treated as non-confidential and non-proprietary. Personally identifiable information that you voluntarily provide and that is viewable by the public is not subject to our Privacy Policy and is considered User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose. You agree that we may use any or all User Content for any purpose. We typically, but are not obligated to, review User Content and are not required to use, return, review, or respond to any User Content. We have no liability related to the User Content submitted by you, including but not limited to the laws of copyright, libel, privacy, obscenity, or otherwise. We have the right to remove User Content. You agree that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of any third party included in any User Content, that your User Content will not contain or provide links to obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam,” or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that your User Content will not infringe on or violate the rights of any person or entity. You hereby grant us a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, display, copy, modify, adapt, create derivative works from, and otherwise use your User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, without any compensation to you. You represent and warrant that you have all rights necessary for you to grant the above licenses. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity regarding your User Content.
Linking to the Site
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you or properly licensed to you. We reserve the right to withdraw linking permission without notice.
Miscellaneous
Governing Law; Jurisdiction and Venue. These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any choice or conflict of law provision or rule.
Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Service will continue in full force and effect.
Assignment. These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages or delays of transportation or shipping facilities, fuel, energy, labor, or materials.
Entire Agreement. These Terms of Service, including our Privacy Policy, constitute the sole and entire agreement between you and Innovative Intakes with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Notice to Wyoming Residents
If you are a Wyoming resident, you may report complaints to the Wyoming Attorney General’s Consumer Protection Unit by contacting them in writing at 2320 Capitol Avenue, Cheyenne, WY 82002, or by telephone at (307) 777-7841.
Questions
If you have any questions about the Services or these Terms of Service, please call us at [Insert Phone Number], email us at hello@iiu.health, or write to us at:
Innovative Intakes LLC
30 N Gould St Ste N
Sheridan, WY 82801