Terms and Conditions

Agreement between user and Brionutrition.com

Welcome to Brionutrition.com. The Brionutrition.com website (the “Site”) is comprised of various web pages operated by Brio Nutrition. Brionutrition.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Brionutrition.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Brionutrition.com is an Information and eCommerce Website

The purpose of this website is to provide information regarding the products and services we offer consumers and allow consumers to purchase those products when available.

Privacy

Your use of Brionutrition.com is subject to Brio Nutrition’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Brionutrition.com or sending emails to Brio Nutrition constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Brio Nutrition does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Brionutrition.com only with permission of a parent or guardian.

Links to third party sites/Third party services

Brionutrition.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Brio Nutrition and Brio Nutrition is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brio Nutrition is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brio Nutrition of the site or any association with its operators.

Certain services made available via Brionutrition.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Brionutrition.com domain, you hereby acknowledge and consent that Brio Nutrition may share such information and data with any third party with whom Brio Nutrition has a contractual relationship to provide the requested product, service or functionality on behalf of Brionutrition.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Brionutrition.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Brio Nutrition that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brio Nutrition or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brio Nutrition content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Brio Nutrition and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brio Nutrition or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Brio Nutrition from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brio Nutrition Content accessed through Brionutrition.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Brio Nutrition, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brio Nutrition reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brio Nutrition in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRIO NUTRITION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BRIO NUTRITION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRIO NUTRITION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIO NUTRITION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRIO NUTRITION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Brio Nutrition reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oklahoma and you hereby consent to the exclusive jurisdiction and venue of courts in Oklahoma in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brio Nutrition as a result of this agreement or use of the Site. Brio Nutrition’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brio Nutrition’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brio Nutrition with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brio Nutrition with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brio Nutrition with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Returns/Exchanges Policy

Unfortunately, we are not accepting returns on orders at this time. However, if your order arrives damaged or with the incorrect products, please contact us immediately at brio@brionutrition.com so we can make it right.

Shipping Policy

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.                

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there is a significant delay in the shipment of your order, we will contact you via email or telephone.

Shipping rates for your order will be calculated and displayed at checkout.

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the https://brionutrition.com/ and Brio Nutrition and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Brio Nutrition include https://brionutrition.com/. The Brio Nutrition website is used for informational purposes only. site. By using the Brio Nutrition website, you consent to the data practices described in this statement.

Collection of your Personal Information

Brio Nutrition may collect personally identifiable information, such as your name. Brio Nutrition may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Brio Nutrition. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Brio Nutrition website.

Brio Nutrition encourages you to review the privacy statements of websites you choose to link to from Brio Nutrition so that you can understand how those websites collect, use and share your information. Brio Nutrition is not responsible for the privacy statements or other content on websites outside of the Brio Nutrition website.

Use of your Personal Information

Brio Nutrition collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Brio Nutrition may also use your personally identifiable information to inform you of other products or services available from Brio Nutrition and its affiliates. Brio Nutrition may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Brio Nutrition does not sell, rent or lease its customer lists to third parties.

Brio Nutrition may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Brio Nutrition, and they are required to maintain the confidentiality of your information.

Brio Nutrition may keep track of the websites and pages our users visit within Brio Nutrition, in order to determine what Brio Nutrition services are the most popular. This data is used to deliver customized content and advertising within Brio Nutrition to customers whose behavior indicates that they are interested in a particular subject area.

Brio Nutrition will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Brio Nutrition or the site; (b) protect and defend the rights or property of Brio Nutrition; and, (c) act under exigent circumstances to protect the personal safety of users of Brio Nutrition, or the public.

Security of your Personal Information

Brio Nutrition secures your personal information from unauthorized access, use or disclosure. 

Children Under Thirteen

Brio Nutrition does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Brio Nutrition by contacting us here:

- Web page: https://brionutrition.com/

- Email: brio@brionutrition.com

- Phone: (214) 998-9399

Changes to this Statement

Brio Nutrition will occasionally update this Statement of Privacy to reflect company and customer feedback. Brio Nutrition encourages you to periodically review this Statement to be informed of how Brio Nutrition is protecting your information.

Contact Information

Brio Nutrition welcomes your questions or comments regarding this Statement of Privacy. If you believe that Brio Nutrition has not adhered to this Statement, please contact Brio Nutrition at:

Brio Nutrition
207 KING RD, STE 401, FRISCO, TX 75036

Effective as of 5/6/2019