Mercola.com Health Resources, LLC Terms & Conditions

Last Updated: August 1, 2022

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Table of Contents

1. Website Content
2. Product
3. Website Modifications
4. SMS Texting Messaging Terms & Conditions
5. Orders & Payments
6. Product Reviews
7. Healthy Rewards Program
8. Autoship Program
9. Shipping Limitations
10. Domestic Use/Export Restriction
11. Wholesale
12. Submission of Information and/or Materials
13. Linking to This Website
14. Third-Party Links
15. Indemnity
16. Disclaimer of Warranties
17. Liability Restrictions
18. Revisions to These Terms & Conditions
19. Enforcement of Terms & Conditions/Jurisdiction
20. Termination
21. General
22. Acceptance
23. Additional Assistance

1. Website Content

All products and product information on mercolamarket.com are subject to change at any time without notice. Mercola.com Health Resources, LLC makes all reasonable efforts to accurately display the product information, including colors, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on this Website may not exactly reflect the product you receive as a result of design revisions and color variations. Mercola.com Health Resources, LLC attempts to ensure that product information on this website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date.

To the fullest extent permitted by law, Mercola.com Health Resources, LLC makes no representation as to how complete, accurate or current any product information is on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on this Website.

2. Products

Mercola.com Health Resources, LLC’s policy is one of ongoing product updates and revisions. While we do our best to ensure the information on mercolamarket.com is accurate to the best of our knowledge, product formulations and packaging may change without notice, and the product you receive may contain additional details or may differ from the product information and packaging available on this Website. We recommend that you reference the complete information included with the product you receive – including ingredient lists, allergen statements, warnings and directions – before consumption, and do not rely solely on the details shown on this Website.

3. Website Modifications

Mercola.com Health Resources, LLC reserves the right temporarily or permanently to modify or discontinue mercolamarket.com as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any part or all of the Website at any time with or without notice to you and is not responsible for typographical errors or misprints. Mercola.com Health Resources, LLC also reserves the right to limit order quantity at any time without notice.

4. SMS Texting Messaging Terms & Conditions

When you sign up to receive SMS text messages from Mercola.com Health Resources, LLC, you will receive recurring automated marketing SMS text messages to the mobile number you provided. Message and data rates may apply, and message frequency will vary. For help, text HELP to 88088. To cancel SMS messages, reply STOP to 88088. You are not required to sign up to receive SMS text messages to purchase goods or services.

5. Orders & Payments

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. Mercola.com Health Resources, LLC may collect sales tax from your order as required by any state and its local jurisdictions. You may be responsible to report and pay the applicable sales tax on orders in which no sales tax was collected. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, in-home use (where no admission fee is charged), non-public performance, and may not be duplicated.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Note that you are not able to order any products for resale purposes unless you are a wholesale customer. We reserve the right, without prior notice, to limit the order quantity on any product or service. We also may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order, you authorize Mercola.com Health Resources, LLC to charge the credit card/debit card you provided for your order. If your form of payment is declined at the time you place your order, your order will not be accepted, and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled), Mercola.com Health Resources, LLC reserves the right to pursue any collection efforts allowed under the law.

For orders paid by check or e-check, if there is an overage amount (check amount is greater than the total order), Mercola.com Health Resources, LLC will apply the overage amount as store credit to your account once the order has been shipped. If the amount of the overpayment is $5 or greater, and you make a written request to Mercola.com Health Resources, LLC for reimbursement of the overpayment, Mercola.com Health Resources, LLC will issue a refund check in lieu of a store credit to the customer. If your check payment has "bounced" or was declined by our bank, you are liable for paying the bank's "Bounce Fee," along with your order total before your order will be fulfilled.

If there is an underage amount for any order paid by check (check amount is less than the total order), Mercola.com Health Resources, LLC has the right to use your store credit to pay for the underage amount, refuse your payment or ask you to submit an additional payment for the underage amount. If Mercola.com Health Resources, LLC has not received complete payment within two weeks of your order date, your order will be cancelled and payment voided.

All check orders will be placed on hold until Mercola.com Health Resources, LLC receives full payment and the payment has cleared Mercola.com Health Resources, LLC 's bank, which usually takes up to 14 business days. Once Mercola.com Health Resources, LLC receives confirmation from its bank that your payment has cleared, your order will be fulfilled.

6. Product Reviews

Mercola.com Health Resources, LLC allows only registered customers with a verified purchase to post Product Reviews, including ratings and comments, about products purchased through mercolamarket.com (collectively, "Reviews"). Reviews posted about our products are not endorsed by Mercola.com Health Resources, LLC and do not represent the views of Mercola.com Health Resources, LLC. The registered customer acknowledges that any content, opinion, statement, recommendation, rating, offer, advice or other information presented or disseminated in any Review is that of its respective author who is solely responsible and liable for his or her content and its accuracy.

Because Mercola.com Health Resources, LLC expects registered customers to maintain a high level of integrity with respect to ratings and reviews posted through mercolamarket.com, you, as the registered customer, agree to (1) base any rating or review you post only on your first-hand experience with the product you are reviewing, (2) not submit a review that references any medical claims and (3) comply with these and the following Terms and Conditions. You agree that your Review will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Review will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of mercolamarket.com or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead Mercola.com Health Resources, LLC or third-parties as to the origin of any Review.

Mercola.com Health Resources, LLC takes no responsibility and assumes no liability for any Review posted by a registered customer or any third-party. We are also and shall be under no obligation to (1) maintain any Review in confidence, (2) pay compensation for any Review or (3) respond to any Review. We may, but have no obligation to, monitor, edit or remove any Review that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, diminishes the integrity of the Mercola.com Health Resources, LLC Reviews or violates any party’s intellectual property or these Terms and Conditions without notice. All verified purchase reviews by a registered customer may take up to 24 to 48 business hours to display on the Website upon approval.

7. Healthy Rewards Program

After making a purchase, you are automatically enrolled in our free Healthy Rewards Program.

7.1 Eligibility

To be eligible, you must be older than 18 and have an active email address. Wholesale members are excluded from this program. Our program offers three levels:

POINTS 200 Points = $10 Coupon	1 point per $1 spent $10 coupon for every $200 spent	2 points per $1 spent $10 coupon for every $100 spent	2 points per $1 spent $10 coupon for every $100 spent
DISCOUNTS	Standard Price	Standard Price	10% Discount
RETURNS Non-Consumables/Consumables	30 Days / 90 Days	90 Days / 1 year	90 Days / 1 year
LOYALTY COUPON DURATION	45 Days	90 Days	90 Days
HOW TO QUALIFY	Free to join	Spend $500-$999 on Mercola Market products every 12 months	Spend $1,000+ on Mercola Market products every 12 months

7.2 Healthy Rewards Points

• Points are only earned on the subtotal, not shipping or any applicable taxes.
• All Healthy Rewards members receive their earned points when their order has shipped.

7.3 Healthy Rewards Coupons

• All Healthy Rewards members will receive a $10 Healthy Rewards coupon for every 200 points they earn.
• All Healthy Rewards members will receive coupons in their account when their order has shipped, and they are immediately redeemable.
• Coupons expire after 45 days of receipt for Healthy Rewards members and 90 days of receipt for Preferred and Premier members.
• If coupons are applied to a value of a product less than the total of the applied coupons, the coupons will only apply to the value of the product, and no money back will be provided.
• Coupons are non-transferable and may only be used by the person they are issued to.
• Coupons may only be used once.
• Coupons have no cash value.
• Points will not be earned upon use of a coupon.
• Coupons aren’t refundable if you return any item within an order or the entire order.
• You may view your membership activity and available Healthy Rewards coupons by visiting your Healthy Rewards Account page.

7.4 Exceptions & Exclusions

Mercola.com Health Resources, LLC reserves the right to exclude or ban any customers who abuse the Healthy Rewards Program or otherwise harm the reputation of our company. We also reserve the right to update, modify or terminate the program and specific evaluation dates.

8. Autoship Program

Mercola.com Health Resources, LLC offers an automatic delivery Autoship Program to help customers save time and money – save 5% with every subscription.

8.1 Eligibility  

Someone interested in the Autoship Program must have:

• A registered account with Mercola Market with a valid email address.
• An active credit card and/or debit card.

There are no commitments, obligations or fees, and you may cancel a subscription at any time.

Please note: International and Wholesale accounts are not eligible for our Autoship Program at this time.

8.2 Autoship Order Placement 

When you place an Autoship order, Mercola.com Health Resources, LLC will automatically place and ship an order for your selected Autoship item(s), on the scheduled date determined by your order frequency selection made during your initial Autoship order placement.

8.3 Autoship Order Final Order Amount 

Your final Autoship order total may vary due to changes in price, formula change, tax rates, Customs, duties, fees and/or shipping costs. Your order total will include:

• Sales tax, if applicable.
• Customs fees, if applicable. (Shipments to Canada are duty free.)
• Shipping cost depends on the shipping method you selected on your initial Autoship order placement (e.g., if you selected second-day shipping on your original order, this shipping method will be used for all subsequent Autoship orders.)
• Your actual shipping cost will be the current rate for your shipping method. If you wish to change the shipping method on your future Autoship orders, you may access your account and click "Autoship Management" to select a different shipping method.

8.4 Autoship Order Payment  

• When you place an Autoship order, the form of payment you provided for subsequent Autoship orders will be charged until you cancel your Autoship order subscription or until your form of payment expires. Forms of payments may be modified in your account at any time. Subsequent orders will be charged the day the order is placed and forwarded to one of our warehouses for processing.
• If your form of payment is declined at the time of Autoship order placement, your order will not be placed; you will be notified that your Autoship payment has failed, and you will need to update your payment information. Once corrected, your Autoship order will be processed.
• Credit card and debit card payments will be the only valid payment types accepted for Autoship order payment. Store credit, checks, PayPal and Bill Me Later will not be accepted.
• The items in an Autoship subscription are based on a customer's current customer class price. This means that item prices are not locked in.

8.5 Autoship Order Notifications

• An Autoship shipment confirmation email will be sent after each Autoship order is processed and shipped. Once an Autoship order is scheduled, no emails will be sent before subsequent Autoship order shipments are processed.
• At the time of ordering, any backordered item(s) on your Autoship order will be indicated on your order confirmation.

8.6 Autoship Order Out-of-Stock Items

• Any item(s) that are out-of-stock when an Autoship order is set to ship will be shipped in the next scheduled shipment after the item becomes available again.
• Subsequent Autoship orders of that item will continue to be shipped according to the schedule you specified when you set up your initial Autoship order. Intervals of 30, 45, 60, 90, 120 or 180 days will run from the date you set up the initial Autoship order.

8.7 Autoship Order Container Size Changes 

Sometimes a manufacturer will modify the container size of one of our products (e.g., increasing the quantity from 30 to 60 capsules). In this case, the quantity of your item(s) within your Autoship order will automatically adjust to retain the original order quantity. This new adjustment will continue unless you choose to cancel them.

8.8 Autoship Order Product Formula Changes 

Mercola.com Health Resources, LLC is committed to providing the best quality and innovation. Our team is continually monitoring the effectiveness of our products while providing the best interest of our customer; therefore, updates to the formula may be made. This may result in our manufacturer adjusting its formula (e.g., a manufacturer could change the percentage of a product's active ingredient from 5% to 7%).

During formula modifications, your Autoship order will be automatically updated by replacing the existing item with the new formula item. You will be notified via email of this formula change and given the opportunity to adjust your Autoship account; however, the subsequent Autoship order may have already been processed and shipped before you receive the notification email. This new formula product will continue on subsequent Autoship orders unless you choose to remove this item from your Autoship subscription.

8.9 Autoship Cancellation 

• You may cancel your Autoship subscription by calling Customer Care at 1-877-985-2695 (U.S.) or 239-599-9500 (International). You may modify or cancel your Autoship order at any time before the subsequent order is processed.
• Canceling an Autoship order will stop all future shipments of that order.
• Canceling an Autoship item will stop all future shipments of that item.
• To resume your Autoship order after you cancelled it, you will need to create a new Autoship order.

8.10 Changing Your Autoship Order 

Modifying subsequent Autoship orders is easy. Simply log in to your account and select ‘Autoship Management’ to update your Autoship order. You can modify the following on your Autoship order(s):

• Update payment information
• Update billing and shipping addresses
• Change the order frequency of an item

8.11 Exceptions & Exclusions

Mercola.com Health Resources, LLC reserves the right to update or revise these Autoship Program Terms and Conditions at any time. If Mercola.com Health Resources, LLC makes material changes to these Autoship Program Terms and Conditions, we will provide you notice on mercolamarket.com for 30 days. If you do not accept these Terms and Conditions or any changes proposed by Mercola.com Health Resources, LLC, you should cancel your Autoship order(s).

Mercola.com Health Resources, LLC reserves the right to update, modify or terminate this program at any time without prior notice.

9. Shipping Limitations

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract with independent carriers. Risk of loss and title for items purchased from this Website pass upon delivery of the items to the carrier. Claims for damaged and/or lost shipments should be addressed to the carrier.

10. Domestic Use/Export Restriction

Mercola.com Health Resources, LLC controls this Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.

11. Wholesale

For any Wholesale issues or inquiries, please see www.wholesale.mercolamarket.com or call 239-673-2110.

12. Submission of Information and/or Materials

If you voluntarily choose to provide your personal information, this information is covered under our Privacy Policy. Mercola.com Health Resources, LLC in no way encourages mercolamarket.com customers to disclose private information on publicly accessible portions of this Website. Mercola.com Health Resources, LLC and its directors, officers, employees and agents are not liable for the disclosure of any personal information that you voluntarily include on the Website. You have no legitimate expectation of privacy in any information that you voluntarily disclosed to Mercola.com Health Resources, LLC, and by voluntarily disclosing such information you may waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. You understand and agree that Mercola.com Health Resources, LLC may collect and utilize any personal information, which you voluntarily provided, and may combine the personal information collected from you with information collected from others to provide a better user experience.

13. Linking to This Website

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules and regulations.

14. Third-Party Links

This Website may contain links to websites that are not owned, operated or controlled by Mercola.com Health Resources, LLC or their respective affiliates. These links are for your convenience only and are not under our control. Mercola.com Health Resources, LLC is not responsible for the availability of such external sites or resources, and does not endorse any such site, or any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and Mercola.com Health Resources, LLC shall have no liability or responsibility theretofore.

15. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold Mercola.com Health Resources, LLC and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions. This indemnity survives termination of these Terms and Conditions.

16. Disclaimer of Warranties

OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Mercola.com Health Resources, LLC AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, Mercola.com Health Resources, LLC AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; NOR DOES Mercola.com Health Resources, LLC OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

17. Liability Restrictions

To the fullest extent permitted by law, Mercola.com Health Resources, LLC and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use any products obtained on or through the Website, even if Mercola.com Health Resources, LLC or its affiliates have been advised of the possibility of such damages; cost of procurement of substitute goods and services; any goods or services purchased or obtained through or from the Website; and/or loss of profits, use, data or other intangible losses. In the event of any problem with the products or services that you have purchased on or through this Website, your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier’s warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.

18. Revisions to These Terms & Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should occasionally visit this page to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.

19. Enforcement of Terms & Conditions/Jurisdiction

To the fullest extent permitted by law, these Terms and Conditions are intended to be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.

To the fullest extent permitted by law, our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor, to the fullest extent permitted by law, to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect.

20. Termination

You or we may suspend or terminate your account or your use of this Website at any time without prior notice.

21. General

No agency, partnership, joint venture or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind Mercola.com Health Resources, LLC in any respect whatsoever. The failure of either party to exercise and respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22. Acceptance

To the fullest extent permitted by law, your ordering any product from Mercola.com Health Resources, LLC confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not purchase products using this Website.

23. Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at:

Please Note: Customer Care Team Members are not qualified to answer any medical or veterinary questions.