TERMS OF USE AND PRIVACY POLICIES
BESTOFMX
LAST UPDATED ON OCTOBER 22 ND 2020
The use of the BESTOFMX Website, together with the features contained in this site, and the Privacy Policy shall be governed by the present Terms of Use available in the www.bestofmx.com website (The Website). By continuing with the usage of the website, as well as the features contained in it, and checking the box, you are accepting all of the dispositions contained in the present document, please make sure you read it carefully. BESTOFMX is a site owned and controlled by NUTRIFREEZE L.L.C. (Nutrifreeze).
In any case that there is an update on the present terms of use, you will be notified by email to the address that has been introduced on the website at the checkout.
Content
The content available on the website is fully owned by Nutrifreeze or its licensors, including the photographs, images, text, trademarks, logos, products, slogans and the compilation of the foregoing, and is legally protected in the U.S. under trademark, copyright, and other intellectual property laws. By accepting the present terms, you agree not to download, copy, display, screenshot or use in anyway the content of the website that may cause confusion among consumers, or infringe in any way the Intellectual Property of Nutrifreeze, its licensors, or other persons related. If you are a trademark or copyright owner and believe that your rights related to Intellectual Property are being violated, please contact us to the phone number or email available on the website.
Use of the Website
The main purpose of the present website is to allow the User to purchase the products offered by Nutrifreeze, therefore, if you are not in conformity with a disposition contained in the present terms of use, you will not be able to make any in-site purchase. We will not provide the service if the present terms have not been agreed to by the User.
In order to use the website to purchase any of the goods displayed in it, the User must be at least sixteen years old. The user is fully aware that the use of the website is only to receive the service offered by Nutrifreeze, and that the User is not entitled to any other right to benefit from the content in any other way. The content and services available in the website may only be used in the territory of the United States of America, therefore, people outside of said territory will not be able to
receive the services provided by Nutrifreeze on the Website.
The purchase process to acquire the products displayed on the Website shall be carried out by selecting the products desired and adding them to the cart. The User must only select the products that will be purchased, since we do not make ourselves responsible for errors in the order, neither quantity nor items selected. Having selected the products, the website shall make available the Checkout section, in which the User will have to introduce personal information such as name, company, address, phone, email, and the User will be able to introduce order notes regarding specifications of his order. The use of the personal information introduced in the checkout section is explained in the Privacy Policies contained in the present document.
Furthermore, the User must select one of the two payment options contained on the website for the total of the order that will include taxes and the shipping fee selected, which are PayPal, and Payment with Debit or Credit Card. The User must carry out the payment process until it is shown on the website that such payment has been accepted. After said payment has been processed, a code will be assigned to the order for its follow-up. In any case there is a question regarding the order, this code will help us identify your order. In addition, a confirmation email will be sent to the email address introduced in the checkout section, containing the code and the products contained in said order.
The products available on the website are on a on-demand basis, therefore we do not make ourselves responsible for the shortage or lack of availability of certain products. We guarantee that all of the products displayed on the website are of high quality and do not have any other ingredients different from the mentioned on the website.
If you want to make any cancellations of the order placed, you must do so within the 24 hours from making the order. Once this time has lapsed, you will not be able to make a cancellation and we do not make ourselves responsible for further unconformities. If the cancellation is made within the 24 hours, we will reimburse you for the total of the order. If the payment was made with debit or credit card, the reimbursement will be made to the same card with which the payment was made. If the payment was made through any other of the available payment options, the reimbursement will be made to the bank account linked to the User’s account.
All of the products have suggestions and instructions regarding its consumption or storage, these are simple recommendations, therefore, we do not make ourselves responsible for any problem that may happen after the product has been received, such as rotting, melting, inter alia, if such recommendations are not followed. After you received the product you are fully responsible for it.
All of the products displayed on the website have specifications regarding its content and nutrition facts, therefore, we do not make ourselves responsible for any allergic reaction or any other health related issue derived from the consumption of the products.
At the checkout section, you may be able to introduce a discount coupon, nonetheless, we do not make ourselves responsible if said coupon is no longer available, rejected, or otherwise made ineffective, and we shall not be obliged to grant a discount if the coupon is rejected.
Before finishing the order, the User must verify that the address introduced in the checkout section applies for the shipping options. We do not personally deliver the products that have been purchased on the website, we use the services of external shipping companies, which charge for the service of delivery. These charges may vary depending on your address and the shipping that you select, as it is stated whenever the order is created. Furthermore, we do not make ourselves responsible for any issues that may arise from the shipping process, such as delays, loss of packages, mistakes on delivery, harm on the packages, melting, over-frosting, partial or total destruction, or any other damage the products may suffer throughout the shipping and delivery process, nor for the conducts, behavior, or any other circumstance of or regarding the shipping company, its workers or contracted persons. An estimated time of arrival will be displayed on the website, therefore, if you have not received the products within six days from making your order please contact us.
Whenever we hand-off the products to the shipping company, we pack them in dry ice for its conservation. As soon as you receive the products, you must place them in the freezer for them to maintain their quality. If you receive the products unfrozen, we recommend you to verify its condition and consume it as soon as possible under your own risk, or to freeze it once again. Since we guarantee the highest quality in the products, you will not be able to make any devolutions on the order once it has been delivered, nonetheless, if there is a problem with the taste, smell, color, or quantity in the products, we will make the exchange of said product after the investigation regarding any issue has been completed. In order to make any devolution, you must keep the product with its original package and you have to communicate immediately to our support service at onlinesales@nutrifreezellc.com.
There are certain areas of the website where the user is allowed to leave a public message. For the use of the aforementioned sections, the User agrees not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; that you will not post any content that infringes or violates the rights of any third party; that you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization. The User is fully conscious that by posting a comment or recipe on the website, it grants Nutrifreeze a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the content uploaded to the website. By uploading a recipe or a comment in the designated sections, it is not an acceptance nor must be construed that Nutrifreeze hired the User for such action. Nutrifreeze reserves the right to remove any of the content that does not comply with these terms or for any other reason it deems applicable.
Non-Liability and Limitations of Liability
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NUTRIFREEZE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL NUTRIFREEZE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND NUTRIFREEZE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL NUTRIFREEZE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF NUTRIFREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Non-Liability and Limitations of Liability
In any circumstance that the User does not comply with the dispositions contained on the present terms of use, Nutrifreeze reserves the right to eliminate the account or cancel any order of any user without further notification or judicial resolution, and Nutrifreeze does not make itself responsible for any further damages that may result for said cancellation or restriction.
Non-Liability and Limitations of Liability
Nutrifreeze is committed to the protection of your privacy. This Privacy Policies explain how your personal information is collected, used, and disclosed by Nutrifreeze. The present Policies apply to the website, which by accessing or using our services, as well as marking the check box displayed on the website, you signify that you have read, understood and agreed to the collection, storage, use and disclosure of your personal information as described in this Privacy Policies and the Terms of Use.
- Definitions and Key Terms
The interpretation of the present policies shall only be made by the following definitions, prohibiting any further interpretation made by the User:
- Cookie: Small amount of data generated by the website and saved in your web browser. It is used to identify your browser, provide analytics, remember information of charged data.
- Company: when the Policies mention ‘‘we’’, ‘‘us’’, ‘‘The Company’’ it refers to NUTRIFREEZE LLC, with the address 16315 Dundee Rd. #100, Cypress, Texas, 77429, which is responsible for your information under this Policies.
- Country: It is only referred as the territory of The United States of America, where Nutrifreeze provides its services.
- Customer, User: Refers only to the company or person that signs up to use the Website.
- Device: Any internet connected device such as a phone, tablet, computer or any other device that can be used to visit the Website and use the services available in it.
- IP Address: Every device connected to the Internet is assigned a number known as an Internet Protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP Address can often be used to identify the location from which a device is connected to the Internet.
- Personnel: It refers to those individuals employed by Nutrifreeze, or whom are under contract to perform a service on behalf of it.
- Personal Data: Any information that directly, indirectly or in connection with other information number, allows for the identification or identifiability of a natural person.
- Service: It refers to the service provided by Nutrifreeze through the website, as described in the Terms of Use of the Present document.
- Third-party service: it refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: it refers to the website that can be accessed by the www.bestofmx.com URL.
- You: the person using the website.
- Information Collected:
We collect information from you when you visit the website, register, place an order, subscribe to our newsletter, respond a survey or fill out a form, such as name, company name, address, country, region, town or city, state, zip code, phone and email address, as well as billing address and credit or debit card numbers.
- Use of the Information Collected:
The information collected may be used in the following ways:
- To personalize the experience of the user, as well as providing the services available on the website.
- To improve our service, as we continuously strive to improve our service offering based on the information received from you.
- To improve customer service as your information helps us more effectively respond to your customer service requests and support needs.
- To process transactions.
- To send periodic emails.
- Usage of customer information from third parties
We receive some information from the third parties when you
contact us. For example, when you submit your email address to
us to show interest in becoming our customer, we received
information from third-party fraud detection services to us. We
also occasionally correct information that is being publicly
available social media websites. You can control how much of
your information social media websites make public my visiting
this website and changing your privacy settings.We may engage trusted third-party providers to perform functions
and provide services to us, such as posting in maintaining our
service database storage and management, email management,
storage marketing, credit card processing, customer service and
fulfilling orders for products and services purchased through our
platform. We will likely share your personal information and non-
personal information with third parties to enable them to perform
these services for us and for you.We may share portions of our log file data including IP address
for analytics purposes with third parties such as web analytic
Partners, application developers and app Networks. If your IP
address is sure it may be used to ask me General location and
other technographics such as connection speed, whether you
have visited the service in a shared location, and type of device
used to visit the service. They may aggregate information aboutour advertising and what do you see on the service and then
provide auditing, research and reporting for us and our
advertisers.We may also disclose personal and non-personal about you to
government or law enforcement officials or private parties as we,
in our sole discretion, belief necessary or appropriate in order to
respond to claims, legal process, subpoenas, to protect our rights
and interests, or those of a third party, the safety of the public or
any person, to prevent or stop any illegal, unethical, or legally
actionable activity, or to otherwise comply with applicable court
orders, laws, rules and regulations. - Email Address
By submitting your email address on this website, you agree to
receive emails from us. You can cancel your participation in any
of these email list at any time by clicking on the opt-out other
option that is included in the respective email. We only send
emails to people who have authorized us to contact them, either
directly, or through a third party. We do not send unsolicited
commercial emails. Email addresses submitted only through the
order processing page will be used for the sole purpose of
sending your information and updates pertaining to your order.
However, if you have provided the same email to us through
another method, we may use it for any of the purposes stated in
this policy. - Other Countries transfer
We are Incorporated in the United States. Information collected
via our website, through direct interactions with you, or from useof our health services, may be transferred from time to time to
our offices or personnel, or to third parties, located throughout
the world, and may be viewed or hosted anywhere in the world,
including countries that may not have loss or general applicability
regulating the use and transfer of such data. To the fullest extent
allowed by applicable law, by using any of the above, you
voluntarily consent to the transporter transfer and hosting of such
information. - Security on information collected
We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or failed to follow policy. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.
- Update or Correction of Information
The rights you must request updates or corrections to the information we collect depend on your relationship with us.
Personnel may update or correct their information as detailed in our internal company employment policies. Customers have the right to request the Restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to update or correct your personally identifiable information, to change your preferences with respect to communication and other information you receive from us, or to delete the personally identifiable information maintained about you on our system by canceling your account. Such changes, updates, corrections, deletions will have no effect on other information that we maintain, art information that we have provided to third parties in accordance with this privacy policy prior to such update, correction, change or deletion. Protect your privacy and security, we may say reasonable steps to verify your identity. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media, will be updated, corrected, changed, or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable. If you are an actual user and wish update, delete, change, or receive any further information we have about you, you may do so by contacting us. - Protection of Personal Information
We implement a variety of security measures to maintain the safety of your personal information. We offer the use of a secure website. All supplied sensitive and credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information is never kept on file, nor on cookies.
- Governing Law and Jurisdiction
The laws of the United States, including the conflicts of law rules, or regarding the present policies, shall govern this agreement and your use of our service. Your use of our service may also be subject to international law.
- Cookies
We use ‘‘cookies’’ to identify the areas of our website that you have visited. We never place personally identifiable information in cookies.
- Payment details
In respect to any credit card or other payment processing details you have provided us, we commit that this confidential information will be stored in the most secure manner possible.
- Changes to our Privacy Policies
If we decide to change our privacy policy, we will notify you via email, and post such changes in this website, posting the modification date below.
- California residents and California Online Privacy Protection
Act (CalOPPA)The California Consumer Privacy Act (CCPA), as well as the California Online Privacy Protection Act (CalOPPA) requires us to disclose categories of Personal Information we collect and how to use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it.
We are also required to communicate information about rights California residents have under California law. You may exercise the following:
- Right to Know and Access: You may submit a verifiable request for information regarding the categories of personal information we collect, use or share, purposes for which categories of Personal Information are collected or used by us, categories of sources from which we collect personal information, and specific pieces of personal information we have collected about you.
- Right to Equal Service: We will not discriminate against you if you exercise your privacy rights.
- Right to delete: You may submit a verifiable request to close your account and we will delete personal information about you that we have collected.
- Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you, if you would like to exercise any of these rights, please contact us.
We do not sell the Personal Information of our users.
In any case there is a conflict regarding the present terms of use or privacy policies, it shall be carried out in the courts or tribunals of Texas.
If there is any further question regarding the present dispositions, please contact us.