Terms of service

Welcome to Nutrition Elements. The terms "we," "us," and "our" refer to Nutrition Elements. Nutrition Elements operates this website and online store, including all related information, content, features, tools, products, subscriptions, and services.

These Terms of Service describe your rights and responsibilities when you visit our website, purchase our products, start a subscription, or interact with our services.

Please read these Terms of Service carefully. They include important information about your legal rights, product use, hemp derived cannabinoid products, mushroom products, subscriptions, warranty disclaimers, limitations of liability, and dispute terms.

By visiting, interacting with, or using our website, you agree to be bound by these Terms of Service and our Privacy Policy, which can be viewed at https://nutritionelements.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

Certain products sold by Nutrition Elements, including THC products, hemp derived cannabinoid products, and other age restricted products, may only be purchased by individuals who are at least 21 years of age. By purchasing any such product, you represent and warrant that you are at least 21 years old and legally permitted to purchase, possess, and use those products in your jurisdiction.

To use our website, including accessing or browsing our online store, placing an order, creating an account, or starting a subscription, you may be asked to provide certain information, such as your name, email address, billing information, payment information, shipping information, phone number, and age verification information.

You represent and warrant that all information you provide is accurate, current, complete, and legally yours to provide.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs through your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors, packaging, labels, product appearance, and product details may differ from how they appear on your screen due to your device, display settings, photography, lighting, packaging updates, regulatory changes, or manufacturer updates.

We do not warrant that the appearance, flavor, aroma, texture, effect, or quality of any product purchased by you will meet your expectations or be identical to what is depicted on our website.

All product descriptions, ingredients, pricing, availability, certificates of analysis, lab reports, and product information are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case by case basis.

Products sold by Nutrition Elements may include CBD, THC, hemp derived cannabinoids, functional mushrooms, botanicals, supplements, topicals, bath and body products, pet products, and related wellness products.

Product effects may vary by person. No product sold by Nutrition Elements is intended to diagnose, treat, cure, or prevent any disease unless expressly stated and authorized under applicable law.

Section 3 - Hemp, CBD, THC, and Cannabinoid Products

Nutrition Elements is based in Minnesota and may sell products that contain hemp derived cannabinoids, including CBD, THC, Delta 8 THC, Delta 9 THC, full spectrum hemp extract, broad spectrum hemp extract, and other cannabinoid ingredients where legally permitted.

By purchasing any hemp derived, CBD, THC, or cannabinoid product from Nutrition Elements, you agree and represent that:

You are at least 21 years of age if purchasing any THC containing product or other age restricted cannabinoid product.
You are legally permitted to purchase, possess, and use the product in your state, county, municipality, and jurisdiction.
You will not resell, distribute, export, or transfer the product to any person who is underage or legally prohibited from receiving it.
You will use the product only as directed on the product label.
You will not use the product while operating a motor vehicle, heavy machinery, or engaging in any activity that requires full attention, coordination, or judgment.
You understand that THC products may cause impairment.
You understand that hemp derived products may contain trace or measurable amounts of THC.
You understand that use of CBD, THC, full spectrum hemp products, or other cannabinoid products may result in a positive drug test.
You are responsible for consulting your physician before use, especially if you are pregnant, nursing, taking medication, have a medical condition, are subject to drug testing, or have concerns about cannabinoid use.
You understand that laws regarding hemp, CBD, THC, and cannabinoid products vary by jurisdiction and are subject to change.

Nutrition Elements reserves the right to refuse, cancel, restrict, or refund any order if we believe the order may violate applicable law, shipping restrictions, age restrictions, product restrictions, payment processor rules, carrier rules, or our internal compliance standards.

Products containing THC or other regulated cannabinoids may be subject to potency limits, packaging requirements, labeling requirements, age verification requirements, shipping restrictions, and other state or federal regulations. We make commercially reasonable efforts to comply with applicable laws and regulations, but you are responsible for understanding and following the laws that apply to you.

Section 4 - Mushroom Products

Nutrition Elements may sell mushroom based products, functional mushroom products, mushroom blends, capsules, gummies, powders, drink mixes, or related wellness products.

Mushroom products may affect individuals differently. You are responsible for reviewing product labels, ingredients, suggested use, warnings, and local laws before purchasing or using any mushroom product.

Do not use any mushroom product if you are pregnant, nursing, taking medication, have a medical condition, are sensitive to mushrooms or botanicals, or have concerns about use without first consulting a qualified healthcare professional.

Nutrition Elements reserves the right to restrict, cancel, or refuse any mushroom product order if we believe the order may violate applicable law, shipping restrictions, age restrictions, payment processor rules, carrier rules, or our internal compliance standards.

Section 5 - Health and Safety Disclaimer

Information provided on our website, product pages, blog posts, emails, labels, packaging, social media, or other materials is for general informational purposes only. It is not medical advice and should not be used as a substitute for advice from a physician, pharmacist, veterinarian, or other qualified healthcare professional.

You should consult a qualified healthcare professional before using any product sold by Nutrition Elements, especially if you are pregnant, nursing, trying to become pregnant, have a medical condition, take prescription medications, take over the counter medications, use alcohol or other substances, are subject to drug testing, or are purchasing products for a pet.

Do not exceed the recommended serving size. Keep all products out of reach of children and pets unless the product is specifically intended for pet use. Products that contain THC, CBD, or other cannabinoids should be stored securely.

If you experience an adverse reaction, stop using the product and seek medical attention if necessary. If a pet experiences an adverse reaction, stop use and contact a veterinarian.

Section 6 - Orders

When you place an order, you are making an offer to purchase. Nutrition Elements reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Nutrition Elements confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Nutrition Elements may be unable to accommodate cancellation requests after an order is accepted, processed, packed, or shipped.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, shipping address, or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, redistribution, or export.

Section 7 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product, subscription, or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, duties, or import charges.

Prices posted on our website may be different from prices offered in physical stores, events, marketplaces, wholesale channels, or stores operated by third parties.

We may offer promotions from time to time. Promotions may have separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address, billing address, shipping address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

The payment information you provide is true, correct, and complete.
You are duly authorized to use such payment method for the purchase.
Charges incurred by you will be honored by your payment provider.
You will pay all charges incurred by you at the posted prices, including shipping, handling, taxes, and any other applicable charges.

Section 8 - Subscriptions

Nutrition Elements may offer subscription options through Recharge or another subscription service provider. By purchasing a subscription product, you agree to recurring charges based on the subscription frequency, product selection, shipping method, taxes, and terms shown at checkout.

When you start a subscription, you authorize Nutrition Elements and its subscription service provider to charge your selected payment method on a recurring basis until your subscription is canceled, paused, skipped, or otherwise changed in accordance with the subscription tools available to you.

Subscription prices, discounts, product availability, shipping rates, and tax rates may change over time. If a subscription product becomes unavailable, we may cancel the subscription, contact you about a replacement, or provide another available option where appropriate.

You are responsible for managing your subscription before your next order is processed. This may include updating your payment method, shipping address, billing address, product selection, order frequency, skip settings, pause settings, or cancellation status.

Subscription orders that have already been processed, packed, or shipped may not be eligible for cancellation, return, or refund unless the product arrives damaged, defective, incorrect, or missing.

Nutrition Elements is not responsible for subscription orders shipped to an outdated or incorrect address if the address was not updated before the order processed.

We reserve the right to cancel, pause, modify, or refuse any subscription if we believe the subscription may violate applicable law, shipping restrictions, age restrictions, payment processor rules, product restrictions, fraud prevention standards, or our internal compliance standards.

Section 9 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, labor disruptions, incorrect addresses, compliance reviews, age verification processes, or events outside our control.

Once we transfer products to the carrier, title and risk of loss passes to you.

Some products may not be eligible for shipping to certain states, territories, countries, municipalities, or addresses. This may include THC products, hemp derived cannabinoid products, CBD products, supplements, mushroom products, or other regulated products.

We reserve the right to restrict shipping, cancel orders, request additional verification, or refuse service where required or appropriate.

You are responsible for providing a valid shipping address. We are not responsible for lost, delayed, returned, or undeliverable packages due to incorrect or incomplete shipping information.

Section 10 - Age Verification

Nutrition Elements may use age gates, checkout confirmations, identity checks, third party age verification tools, signature requirements, or other verification methods to confirm eligibility to purchase age restricted products.

By using our website and purchasing age restricted products, you agree to provide accurate age verification information. You may not attempt to bypass, disable, misrepresent, or interfere with any age verification process.

We reserve the right to cancel or refuse any order if we cannot verify your age, identity, shipping eligibility, or legal right to purchase the product.

Section 11 - Intellectual Property

Our website, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, designs, page layouts, icons, product names, copy, and arrangement thereof, is owned by Nutrition Elements, its affiliates, or licensors and is protected by U.S. and foreign intellectual property laws.

These Terms permit you to use our website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, or transmit any material from our website without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, trade dress, or other intellectual property of Nutrition Elements, Shopify, Recharge, or any third party.

Unauthorized use of our website may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Nutrition Elements.

Nutrition Elements names, logos, product names, service names, designs, and slogans are trademarks of Nutrition Elements or its affiliates or licensors. You must not use such trademarks without the prior written permission of Nutrition Elements.

Shopify, Recharge, and any other third party names, logos, product names, service names, designs, and slogans on our website are the trademarks of their respective owners.

Section 12 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of our website or services. This may include Shopify tools, Recharge subscription tools, payment tools, age verification tools, customer account tools, review tools, loyalty tools, messaging tools, analytics tools, or other third party functionality.

We neither monitor nor have control over all third party tools.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through our website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third party provider.

We may also offer new features, tools, or resources through our website in the future. Such new features, tools, and resources shall also be deemed part of our services and are subject to these Terms of Service.

Section 13 - Third Party Links

Our website may contain materials, hyperlinks, embedded functionality, or content provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, legality, safety, or reliability of any third party materials or websites you choose to access.

If you decide to leave our website to access third party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third party websites, or your purchase or use of any products, services, resources, or content on third party websites.

Please review third party policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products and services should be directed to the third party.

Section 14 - Relationship With Shopify

Nutrition Elements is powered by Shopify, which enables us to provide our website and shopping experience to you. However, any sales and purchases you make through our store are made directly with Nutrition Elements.

By using our website, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nutrition Elements, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Nutrition Elements.

Section 15 - Privacy Policy

All personal information we collect through our website is subject to our Privacy Policy, which can be viewed at https://nutritionelements.com/policies/privacy-policy.

Certain personal information may also be subject to Shopify's Privacy Policy, Recharge's Privacy Policy, payment provider policies, age verification provider policies, shipping provider policies, and other third party provider policies.

By using our website, you acknowledge that you have read our Privacy Policy.

Because our website is hosted by Shopify, Shopify collects and processes personal information about your access to and use of our website in order to provide and improve the services. Information you submit through our website may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide services to you.

Please review our Privacy Policy for more details on how we, Shopify, Recharge, and our partners use your personal information.

Section 16 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, videos, testimonials, comments, or other content, you grant us a perpetual, worldwide, sublicensable, royalty free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose, including commercial use.

We may use this license to operate, provide, evaluate, improve, and promote our website, products, services, and business.

You represent and warrant that:

You own or have all necessary rights to the content you submit.
You have disclosed any compensation or incentives received in connection with your submission.
Your submission complies with these Terms of Service.
Your submission does not violate the rights of any third party.

We are under no obligation to maintain your feedback in confidence, pay compensation for your feedback, or respond to your feedback.

We may, but have no obligation to, monitor, edit, or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, misleading, harmful, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your feedback. You are solely responsible for any feedback you provide and its accuracy.

Section 17 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions related to product descriptions, ingredients, cannabinoid content, certificates of analysis, pricing, promotions, offers, product shipping charges, transit times, availability, images, labels, subscription details, or regulatory information.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 18 - Prohibited Uses

You may access and use our website for lawful purposes only. You may not access or use our website, directly or indirectly:

For any unlawful, fraudulent, harmful, or malicious purpose.
To violate any international, federal, state, provincial, county, municipal, or local law, rule, regulation, or ordinance.
To purchase, possess, or use any product if you are not legally permitted to do so.
To purchase age restricted products if you are under the required legal age.
To purchase products on behalf of an underage person or legally prohibited person.
To resell, redistribute, export, or divert products without authorization.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees, customers, vendors, partners, or any other person.
To transmit false or misleading information.
To upload, transmit, or distribute viruses, malware, or harmful code.
To send or facilitate spam, junk mail, chain letters, phishing, pharming, pretexting, or other similar solicitations.
To impersonate or attempt to impersonate any person or entity.
To collect or track the personal information of others.
To reproduce, duplicate, copy, extract, sell, resell, scrape, or exploit any portion of our website.
To use any robot, spider, scraper, crawler, data gathering tool, extraction tool, automatic device, AI agent, or automated process to access our website without our express written permission.
To interfere with, bypass, disable, or circumvent the security, authorization, age verification, fraud prevention, shipping restriction, robot exclusion, or compliance features of our website.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our website, or which may harm Nutrition Elements, Shopify, Recharge, our customers, or any third party.

We reserve the right to suspend, disable, cancel, or terminate your account or access to our website at any time, without notice, if we determine that you have violated any part of these Terms.

Section 19 - Agents and Automated Access

This section applies if you use, allow, enable, or cause the deployment of any agent, bot, crawler, scraper, automation tool, AI tool, or software service that takes autonomous or semi autonomous action on behalf of, or at the instruction of, any person or entity.

No agent may access, use, scrape, purchase from, or interact with our website unless it identifies itself and operates in strict accordance with these Terms.

We may limit, block, restrict, or prohibit automated access to our website by technical, legal, or operational means.

Agents must:

Identify that the request is from an agent and disclose the name of the agent in the request's user agent string.
Not conceal or obfuscate that access, use, or interaction is from an agent.
Not mimic human behavior or interaction patterns.
Not complete or circumvent CAPTCHAs or other measures intended to distinguish computer use from human use.
Respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer.
Not avoid or circumvent any measure intended to block, limit, modify, or control whether and how agents access or interact with our website.

Section 20 - Termination

We may terminate this agreement or your access to our website, in whole or in part, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 21 - Disclaimer of Warranties

The information presented on or through our website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, usefulness, or timeliness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Nutrition Elements, our website and all products, subscriptions, and services offered through our website are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement.

We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error free.

We do not guarantee any specific results from the use of any product. Individual results may vary. Products containing cannabinoids, supplements, mushrooms, botanicals, or wellness ingredients may affect individuals differently.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.

Section 22 - Limitation of Liability

To the fullest extent provided by law, in no case shall Nutrition Elements, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, Recharge, or their affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, adverse reactions, misuse of products, failed drug tests, shipping delays, subscription processing issues, regulatory restrictions, denied orders, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.

This limitation applies to damages arising from:

Your use of our website.
Your purchase or use of any product.
Your use of any subscription service.
Your misuse of any product.
Your failure to follow product instructions or warnings.
Your violation of applicable laws.
Any errors or omissions in website content.
Any loss or damage incurred as a result of use of our website or products.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Section 23 - Indemnification

You agree to indemnify, defend, and hold harmless Nutrition Elements, Shopify, Recharge, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, demands, judgments, settlements, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:

Your breach of these Terms of Service.
Your violation of any law or the rights of a third party.
Your access to or use of our website.
Your purchase, possession, misuse, resale, transfer, or distribution of any product.
Your use or management of any subscription.
Your violation of age restrictions, shipping restrictions, or cannabinoid product laws.
Your submission of feedback, reviews, photos, videos, or other content.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non monetary obligations from you without your consent, not to be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.

Section 24 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 25 - Waiver and Entire Agreement

The failure of Nutrition Elements to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on our website constitute the entire agreement and understanding between you and Nutrition Elements and govern your use of our website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 26 - Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 27 - Governing Law

These Terms of Service and any separate agreements whereby we provide products or services to you shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles.

You and Nutrition Elements consent to venue and personal jurisdiction in the state and federal courts located in Minnesota for any dispute arising out of or relating to these Terms, our website, or your purchase or use of our products.

Section 28 - Headings

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

Section 29 - Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.

Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 30 - Contact Information

Questions about these Terms of Service should be sent to us at:

evan@nutritionelements.com