Terms of Service
Updated on July 10th, 2019
You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brett Stumm. You may not use any metatags or any other “hidden text” utilizing brettstumm.com’s name or trademarks without the express written consent of Brett Stumm. Any unauthorized use terminates the permission or license granted by Brett Stumm.
We reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Brett Stumm’s prior written consent. Brett Stumm and its suppliers may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on this website, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products will be made through PayPal or some other prearranged payment method unless credit terms have been agreed to by us. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. We may invoice parts of an order separately. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this web site. Any quotations given by us will be valid for the period stated on the quotation. You agree to pay interest on all past-due sums at the highest rate allowed by law.
Title; Risk of Loss.
Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by us is our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software will remain with the applicable licensor(s).
Some services on the website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
Forums / Blog / Social Media
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). Additionally, “Forum” includes any other website page created by Brett Stumm on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram, LinkedIn and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying a Forum.
Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
You are and shall remain solely responsible for the content you post on or through the website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. Brett Stumm markets and sells various food, beverage and dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. Brett Stumm and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET WORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Brett Stumm DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Brett Stumm DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRETT STUMM DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Brett Stumm SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF Brett Stumm. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The technology underlying, and the entire contents of the website, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Brett Stumm and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Brett Stumm Copyright 2019, Brett Stumm All rights reserved.
brettstumm.com Trademark Guidelines
Brett Stumm (“brettstumm.com”) counts among its most valuable assets its trademarks and logos and the goodwill represented by these. Protection of the brettstumm.com trademarks is a priority for brettstumm.com. These brettstumm.com Trademark Guidelines contain detailed information about how to refer to brettstumm.com’s trademarks in different scenarios. These Trademark Guidelines are designed to ensure proper legal use of the brettstumm.com trademarks and to prevent customer confusion that can result from improper or illegal usage.
1. Permissible Uses
Proper use of the brettstumm.com trademarks is important. You may use the brettstumm.com trademarks to accurately describe or refer to brettstumm.com’s goods and services, provided you follow these Guidelines. For example, you may use the trademark brettstumm.com DIET™ to discuss and review the diet created by brettstumm.com and nutritional information and guidance provided by brettstumm.com. Similarly, an authorized seller of brettstumm.com®
The font size of the phrases using the brettstumm.com trademarks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.
You may use the brettstumm.com trademarks to direct your visitors to the brettstumm.com homepage and products page. For this purpose, the target URL may only be www.brettstumm.com
2. Prohibited Uses
Do not use the brettstumm.com trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with brettstumm.com.
Never use a brettstumm.com trademark as a possessive or in a plural form.
Company, Product, Service. You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the brettstumm.com trademarks.
Logos. You may not use the brettstumm.com logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from brettstumm.com.
Domain Names, Meta tags, Hidden Text. You may not incorporate the brettstumm.com trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from brettstumm.com.
Internet Advertising Keywords. You may not use or incorporate the brettstumm.com trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from brettstumm.com.
Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the brettstumm.com trademarks without first obtaining a written license from brettstumm.com.
3. Required Notices
For federally registered trademarks owned by brettstumm.com, the ® symbol must accompany these trademarks (e.g., brettstumm.com® Supplements) and brettstumm.com should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “brettstumm.com is a registered trademark owned by Brett Stumm”
For pending applications or common law trademarks owned by brettstumm.com, the TM or SM symbol must accompany these trademarks (e.g., brettstumm.com™) and brettstumm.com should be properly identified as the owner of these trademarks in a footnote that reads, for example, “brettstumm.com diet is a mark owned by Brett Stumm”.
4. Social Media Guidelines
Do not use brettstumm.com trademarks as any part of your social media account name, user name, page name, or as a community name.
5. General Use Guidelines
Use capitalization consistently.
Spell the brettstumm.com trademarks correctly and do not abbreviate them, or combine or hyphenate the respective words in the brettstumm.com trademarks. Do not split the marks onto separate lines of copy.
Use the brettstumm.com trademarks only as adjectives modifying the generic term for the product or service and never use the brettstumm.com trademarks as nouns or as verbs.
Goodwill. All uses and goodwill associated with the brettstumm.com trademarks will inure to the benefit of brettstumm.com.
Reservation of Rights. Unless otherwise agreed to in writing, brettstumm.com reserves the right to terminate permission to copy, reproduce, or display the brettstumm.com trademarks and to demand that the brettstumm.com trademarks cease to be used at any time, in its sole discretion. brettstumm.com reserves the right to object to unfair uses or misuses of its brettstumm.com trademarks and other violations of law, as well as uses that brettstumm.com in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. brettstumm.com reserves the right to revise these Trademark Guidelines at any time, without notice.
6. Contact Information
For any questions regarding the proper usage of the brettstumm.com trademarks, the proper notices, or to seek permission to use the brettstumm.com trademarks please contact brettstumm.com at [email protected]brettstumm.com
You agree to indemnify, defend, and hold harmless Brett Stumm, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
The website may link to websites operated by third parties. Brett Stumm has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Brett Stumm Brett Stumm is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Brett Stumm is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Brett Stumm shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Brett Stumm shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled Brett Stumm shall immediately issue a credit to your credit card account in the amount of the charge.
These terms and conditions are applicable to you upon your accessing this website. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.