Terms of Service

4.1 Ownership

The Sites and all content, text, graphics, photographs, videos, illustrations, designs, logos, trademarks, service marks, trade names, trade dress, product packaging, formulations (to the extent protectable), software, look and feel, and other materials made available on or through the Sites (collectively, the “Materials”) are the property of BSF Nutrition or its licensors and are protected by United States and international copyright, trademark, trade-dress, patent, trade-secret, and other intellectual-property and proprietary-rights laws. “Blood Sugar Friendly,” “BSFN,” “BloodSugarFriendly.com,” the BSF Nutrition logo, and other brand identifiers used on the Sites are trademarks or service marks of BSF Nutrition or its affiliates.

4.2 License to You

Subject to your compliance with these Terms, BSF Nutrition grants you a limited, non-exclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Sites and the Materials solely for your personal, non-commercial use, in the case of retail customers, or solely for your authorized purchase, marketing, and resale of Products pursuant to a separately executed written wholesale agreement, in the case of authorized wholesale-account holders.

You agree not to: reproduce, modify, prepare derivative works of, distribute, publicly display, publicly perform, transmit, broadcast, republish, frame, hot-link, mirror, scrape, harvest, data-mine, sell, license, rent, or otherwise exploit any portion of the Sites or the Materials, in any medium, except as expressly permitted by these Terms or with our prior written consent. All rights not expressly granted to you in these Terms are reserved by BSF Nutrition and its licensors.

4.3 Feedback

If you submit ideas, suggestions, feedback, or recommendations to us regarding the Sites or Products (collectively, “Feedback”), you grant BSF Nutrition a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without attribution or compensation to you.

7.1 Product Information

We make reasonable efforts to display Product images, descriptions, ingredient lists, supplement facts, and other Product information accurately on the Sites. However, we do not warrant that any such information is accurate, complete, current, or error-free. Colors, packaging, and ingredients may vary from time to time, and the Sites may reflect typographical, photographic, or technical errors. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update Product information at any time without prior notice.

7.2 Availability

All Products are offered subject to availability. We may, at our sole discretion and without notice, limit, refuse, discontinue, or modify any Product or limit quantities available for purchase by any User. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuation of any Product.

7.3 Pricing; Promotions

All prices displayed on the Sites are in U.S. dollars and are exclusive of applicable taxes and shipping unless otherwise indicated. We reserve the right to change prices at any time. The price applicable to your order is the price displayed at the time we accept your order.

Promotion codes, discounts, free-shipping offers, and similar promotional offers are subject to the specific terms disclosed at the time the offer is made. Unless otherwise stated, only one promotional offer may be applied per order; offers cannot be combined; offers are non-transferable, have no cash value, and may be modified or revoked at any time.

7.4 Pricing and Typographical Errors

In the event a Product is listed at an incorrect price or with incorrect information due to a typographical error, error in pricing information received from a supplier, or any other error, we have the right to refuse or cancel any orders placed for the Product listed at the incorrect price, whether or not the order has been confirmed and your payment method has been charged. If your payment method has already been charged for the purchase and we cancel the order, we will issue a refund to that payment method in the amount of the charge.

8.1 Order Acceptance

Your submission of an order constitutes an offer to purchase the Products at the prices and on the terms displayed at checkout. All orders are subject to our acceptance, which we may grant or withhold in our sole discretion. We may, at any time before or after we accept an order, cancel the order in whole or in part, for any reason, including suspected fraud, insufficient information, unavailability of the Product, pricing or other errors, or any other reason we determine in our discretion. If we cancel an order for which you have already been charged, we will issue a refund of the charged amount.

8.2 Payment

You authorize us and our payment processors to charge your selected payment method for the total amount of your order, including any applicable taxes, shipping, and other charges. You represent and warrant that you are authorized to use the payment method you provide and that all information you provide is accurate.

If your payment method is declined or otherwise unsuccessful, we may, in our discretion, attempt to charge the payment method again, contact you to update your payment information, or cancel your order.

8.3 Taxes

You are responsible for all applicable sales, use, excise, value-added, and similar taxes imposed in connection with your purchase of Products. We collect and remit such taxes where required by law and will display the applicable taxes at checkout.

8.4 Shipping and Risk of Loss

We will ship Products to the shipping address you provide at checkout. Shipping methods, charges, and estimated delivery times are displayed at checkout and may vary based on the destination, Product, and shipping option you select. Estimated delivery times are estimates only and are not guarantees.

Risk of loss and title to Products pass to you upon our delivery of the Products to the carrier (FOB origin). You are responsible for filing any claims with the carrier for loss or damage in transit, except that we will provide reasonable assistance with such claims for retail orders.

8.5 International Orders

We ship only to addresses within the United States and U.S. territories. We do not accept orders for shipment outside the United States.

9.1 Subscription Authorization

BY ENROLLING IN A SUBSCRIPTION, YOU EXPRESSLY AUTHORIZE BSF NUTRITION (AND OUR PAYMENT PROCESSORS) TO AUTOMATICALLY CHARGE YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS, AT THE FREQUENCY YOU SELECT AT ENROLLMENT (FOR EXAMPLE, EVERY 30, 60, OR 90 DAYS), FOR THE APPLICABLE SUBSCRIPTION PRICE, PLUS ANY APPLICABLE TAXES AND SHIPPING, UNTIL YOU CANCEL OR THE SUBSCRIPTION IS OTHERWISE TERMINATED IN ACCORDANCE WITH THESE TERMS.

YOUR SUBSCRIPTION WILL CONTINUE AND AUTOMATICALLY RENEW AT THE SELECTED FREQUENCY UNTIL YOU CANCEL. CHARGES WILL CONTINUE TO BE BILLED TO THE PAYMENT METHOD YOU PROVIDED AT EACH RENEWAL UNTIL YOU CANCEL.

9.2 Pricing; Changes

The Subscription price disclosed at enrollment will apply to your initial Subscription order. Subscription prices for subsequent orders are subject to change, and we will notify you of any price change at least the minimum advance notice required by applicable law (and in any event at least seven (7) days) before the change takes effect. If you do not agree to the new price, you may cancel your Subscription before the change takes effect.

9.3 Pre-Renewal Notices

For each Subscription renewal, we will send an electronic notice (by email or other electronic means) reminding you of the upcoming charge before each renewal, at the cadence required by applicable law. In addition to the renewal reminder, we will send any other notices required by applicable state automatic-renewal laws, including the California Automatic Renewal Law, the Oregon Auto-Renewal Law, and any other applicable state laws.

9.4 Cancellation

You may cancel your Subscription at any time, for any reason, through the self-service cancellation function in your account on the Sites or by emailing team@bloodsugarfriendly.com. If you cancel, your cancellation will take effect for the next scheduled order. Cancellation does not entitle you to a refund of amounts already charged for Subscription orders that have already shipped or are in the process of being prepared for shipment, except as expressly required by law.

9.5 Modifications

You may modify the frequency, quantity, or Product selection of your Subscription through your account on the Sites, subject to the modification options we make available.

9.6 Failed Payments

If your payment method is declined or otherwise unsuccessful for a Subscription renewal, we may, in our discretion, retry the charge, contact you to update your payment information, pause your Subscription, or cancel your Subscription.

10.1 Retail Returns

Except as required by applicable law, retail Products may be returned for a refund within thirty (30) days of the original delivery date, subject to the following:

• Products may be returned in any condition (opened, partially used, or unopened), provided that you have not received a previous return for the same Product on the same account.
• You must contact customer service at team@bloodsugarfriendly.com before returning any Product to obtain return instructions and (where required) a return authorization.
• You are responsible for return-shipping costs unless the Product was defective, damaged on arrival, or shipped in error.
• We will issue refunds to the original payment method within a reasonable period after we receive and inspect the returned Product (typically within 7-10 business days).
• Original shipping charges are non-refundable except where the return is due to our error.

10.2 Satisfaction

If you are not satisfied with a Product, please contact us at team@bloodsugarfriendly.com within the return window described above and we will work with you in good faith to resolve your concern.

10.3 Wholesale Returns

Wholesale and reseller-account returns are governed exclusively by the terms of a separately executed written wholesale agreement and our then-current wholesale-account policies. Wholesale Products are not eligible for retail return.

11.1 Application and Approval

Wholesale Accounts are available only to qualifying businesses, in our sole discretion, and are subject to our review and approval of your wholesale-account application, including verification of your business legitimacy, tax identification, and other information we may request. We may approve or deny any application in our sole discretion and may revoke approval at any time.

11.2 Wholesale Agreement Required

The specific commercial terms applicable to your Wholesale Account — including pricing, minimum order quantities, payment terms, credit limits, delivery terms, channel restrictions, minimum advertised price (MAP) policies, trade-promotion terms, and similar terms — are set forth in a separately executed written wholesale agreement and our then-current wholesale-account policies, each of which is incorporated by reference into these Terms with respect to your Wholesale Account. In the event of a conflict between these Terms and the executed wholesale agreement, the wholesale agreement controls.

11.3 Channel and Resale Restrictions

You agree to comply with all channel, distribution, and resale restrictions communicated to you in writing, including any restrictions on sales through online marketplaces (for example, Amazon, eBay, or third-party-fulfilled marketplaces) or other unauthorized channels. You acknowledge that unauthorized channel sales can damage our brand, our customer experience, and the businesses of our authorized resellers, and that we may revoke your Wholesale Account or take other action permitted by your wholesale agreement for any violation of channel or resale restrictions.

11.4 MAP Policy

You agree to comply with our minimum-advertised-price (MAP) policy as in effect from time to time. Repeated or willful violations of our MAP policy may result in suspension or termination of your Wholesale Account.

11.5 No Resale to Consumers Outside of Authorized Channels

You may not resell Products to retail consumers in any manner that misrepresents your relationship with BSF Nutrition, that violates any applicable consumer-protection or labeling law, that involves the tampering, repackaging, or re-labeling of Products, or that otherwise violates these Terms or your wholesale agreement.

13.1 License to Us

You retain ownership of your User Content. By submitting User Content to us or posting User Content on the Sites or on any of our social-media properties or by tagging us, you grant BSF Nutrition and our affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable, non-exclusive license to use, reproduce, modify, create derivative works of, publish, publicly display, publicly perform, distribute, and otherwise exploit your User Content, in any media now known or later developed, for any purpose, including advertising, marketing, and promotional purposes, without attribution or compensation to you. To the maximum extent permitted by law, you waive any moral rights in your User Content.

13.2 Your Representations

You represent and warrant that: (a) you own or have all necessary rights to grant the licenses set forth in Section 13.1; (b) your User Content does not and will not infringe, misappropriate, or violate the intellectual-property, privacy, publicity, or other rights of any person or entity; (c) your User Content does not and will not violate any applicable law; and (d) your User Content is truthful, not misleading, and reflects your honest opinions, findings, beliefs, or experiences.

13.3 Endorsements

If you are receiving any form of consideration from us in exchange for posting about our Products (including free Products, discounts, or compensation), you agree to disclose your relationship with us in a clear and conspicuous manner consistent with the Federal Trade Commission’s Endorsement Guides.

13.4 No Obligation to Use

We have no obligation to use, post, retain, or compensate you for any User Content. We may, in our sole discretion and at any time, remove, edit, or refuse to publish any User Content.

18.1 Informal Dispute Resolution

In the interest of resolving disputes between you and BSF Nutrition in the most efficient and cost-effective manner, you and BSF Nutrition agree that before initiating arbitration or filing any other formal proceeding, the party initiating the dispute will provide the other party with written notice of the dispute (a “Notice of Dispute”). For a dispute initiated by you, the Notice of Dispute must be sent to legal@bloodsugarfriendly.com, with a copy by mail to the address in Section 23, and must include your name, address, a description of the dispute, and the relief sought. For a dispute initiated by us, we will send the Notice of Dispute to the email address or postal address on file for your account. The parties will negotiate in good faith for at least sixty (60) days following receipt of the Notice of Dispute before initiating arbitration or any other formal proceeding.

18.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiation, you and BSF Nutrition agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Sites, the Materials, the Products, or any aspect of the relationship between you and BSF Nutrition (collectively, “Disputes”) will be resolved by final and binding individual arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures for claims of US$250,000 or less or under the JAMS Comprehensive Arbitration Rules and Procedures for claims over US$250,000, in each case as in effect at the time of arbitration (the “JAMS Rules”). The JAMS Rules and instructions for filing a claim are available at https://www.jamsadr.com.

The arbitration will be conducted by a single arbitrator. The arbitration will be conducted in English. Unless you and BSF Nutrition agree otherwise, the seat of arbitration will be Cobb County, Georgia, and any in-person hearings will be conducted in Cobb County, Georgia, except that telephonic or video hearings may be conducted as permitted by the JAMS Rules. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 18. The arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 18, including any claim that all or any part of this Section 18 is void or voidable.

18.3 Class-Action and Class-Arbitration Waiver

YOU AND BSF NUTRITION AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR PARTY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF ONLY (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF), AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM.

18.4 30-Day Opt-Out

You have the right to opt out of the arbitration agreement and class-action waiver in this Section 18 by sending written notice of your decision to opt out to legal@bloodsugarfriendly.com, with the subject line “Arbitration Opt-Out,” within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your full name, postal address, the email address associated with your account (if any), and a clear statement that you wish to opt out of the arbitration agreement. If you opt out within this 30-day period, the arbitration agreement and class-action waiver in this Section 18 will not apply to you, but the remainder of these Terms will continue to apply. Opting out of arbitration will not affect any other agreement to arbitrate that you may have with BSF Nutrition.

18.5 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court, provided that the action remains in such court and is brought on an individual (and not class or representative) basis; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or to prevent unauthorized access to or use of the Sites; or (c) bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in a state or federal court of competent jurisdiction.

18.6 Severability

If any portion of this Section 18 is determined to be unenforceable, that portion will be severed and the remaining provisions will continue in full force and effect, except that if Section 18.3 (Class-Action and Class-Arbitration Waiver) is determined to be unenforceable, then the entire Section 18 (other than this Section 18.6) will be unenforceable.

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any other terms, policies, or guidelines incorporated by reference (including any executed wholesale agreement, Promotion Rules, and Subscription disclosures), constitute the entire agreement between you and BSF Nutrition with respect to the subject matter of these Terms and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, that provision will be modified to the minimum extent necessary to make it valid and enforceable (or, if it cannot be so modified, will be severed), and the remaining provisions will continue in full force and effect.

22.3 No Waiver

No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right, and no single or partial exercise of any right will preclude the further exercise of that right.

22.4 Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, and any purported assignment without such consent will be null and void. We may freely assign or transfer these Terms and our rights and obligations under these Terms, in whole or in part, without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

22.5 Force Majeure

Neither party will be liable for any delay or failure to perform under these Terms (other than the payment of money) due to circumstances beyond its reasonable control, including acts of God, natural disasters, fires, floods, epidemics, pandemics, governmental orders or actions, acts of terror, war, civil unrest, supply-chain disruptions, labor disputes, or failures of utilities, telecommunications, or transportation.

22.6 No Third-Party Beneficiaries

These Terms do not, and are not intended to, create any third-party-beneficiary rights, except that BSF Nutrition’s affiliates, licensors, suppliers, and service providers are intended third-party beneficiaries of Sections 4 (Intellectual Property), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Dispute Resolution), and 20 (Indemnification) and may enforce those Sections directly against you.

22.7 Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.

22.8 Survival

Any provision of these Terms that, by its nature, should survive termination or expiration of these Terms will so survive, including Sections 2 (Medical and Health Disclaimers), 4 (Intellectual Property), 13 (User Content), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Dispute Resolution), 19 (Governing Law), 20 (Indemnification), 22 (General Provisions), and 23 (Notices).