Planet Cranberry Terms of Use

I. Introduction and Agreement.

Nutra Nova Group, LLC dba Planet Cranberry (“Company” or “Planet Cranberry”) offers the services described herein (“Services”) on the www.planetcranberry.com website (the “Site”) to you conditioned on your acceptance of and compliance with these Terms of Use (“Terms”). Unless otherwise noted, all references to “us,” “our,” or “we” will be deemed to include Planet Cranberry. The Services are available only to individuals and entities that can form a legally binding contract under applicable law. Without limiting the foregoing, the Services are not available to minors or where prohibited by law.

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES AND SITE INCLUDING HOW DISPUTES BETWEEN US WILL BE HANDLED AS DESCRIBED IN SECTION XVI BELOW, WHICH INCLUDES YOUR AGREEMENT TO INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND TO PURSUE A CLASS ACTION.

II. Acceptance of Terms of Use.

These Terms constitute a legal binding agreement governing your access to and use of the Service and Site. These Terms incorporate by reference our Privacy Policy, Shipping and Returns Policy. Each time you use the Site and Service, you signify that you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Site and Services.

III. Updates to Terms.

We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Services. Your continued use of the Site and Services after we post any changes to the Terms signifies your agreement to any such changes. If at any time you do not agree to these Terms, you must discontinue using the Site and Services.

IV. Services; Using the Site.

a. Services. The Services include, among other things, information about cranberries and an online store where users may purchase Company products. The Services do not include, and expressly exclude, the purchase of Company products offered for sale and purchased from third party websites, where such offerings and sales are subject to those third party sites’ Terms of Use, privacy policy and shipping and return policies.

b. Subscribe and Save. We may offer users the option to participate in an auto-delivery program that will provide a discount off the regular price of single purchase of a product. If you enroll in this program, you authorize Planet Cranberry to (i) automatically ship you the ordered product at the interval selected on the order page, (ii) charge the account you provide for each shipment, and (iii) store and update your account information on file with information from third party sources if we are unable to charge the account using the information on file. You may cancel your enrollment at any time.

c. Use of the Site. This Site and the Services are intended for your individual, personal use in accordance with these Terms. Use of this Site and the Services for commercial purposes or in connection with a business is a violation of these Terms. You agree that you will not (i) copy, display, or distribute any part of the Site, in any medium, without our prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalog, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Services, or otherwise exceed the limited access granted to you. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. At this time, the Services are only available to residents of the United States, its territories and those consumers with APO/FPO addresses.

V. Medical & Health Disclaimer.

Planet Cranberry is an educational and informational wellness platform dedicated to increasing awareness and understanding of cranberry, cranberry science, nutrition, ingredients, research, products, innovation, and wellness. The information provided by Planet Cranberry, including this website and articles, research summaries, interviews, podcasts, videos, social media, newsletters, recipes, educational materials, product descriptions, ingredient discussions, graphics, downloadable materials, links, and other content, is provided for general informational and educational purposes only.

a. Not Medical Advice. Planet Cranberry does not provide medical advice, diagnosis, treatment, or individualized healthcare recommendations. Nothing presented by Planet Cranberry is intended to replace professional medical advice, diagnosis, treatment, or consultation with a physician or other qualified licensed healthcare professional. ALWAYS CONSULT YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING, STOPPING, OR CHANGING ANY MEDICATION, DIETARY SUPPLEMENT, FOOD, NUTRITIONAL PROGRAM, EXERCISE PROGRAM, WELLNESS REGIMEN, OR HEALTHCARE PRACTICE, PARTICULARLY IF YOU HAVE A MEDICAL CONDITION, TAKE MEDICATIONS, ARE PREGNANT OR BREASTFEEDING, HAVE ALLERGIES OR SENSITIVITIES, ARE PREPARING FOR OR RECOVERING FROM SURGERY, OR ARE RECEIVING MEDICAL TREATMENT. Never disregard professional medical advice or delay seeking professional medical care because of information obtained through Planet Cranberry. If you believe you may be experiencing a medical emergency, immediately contact emergency medical services or call 911 in the United States.

b. No Guarantee Of Results. Health, nutrition, dietary supplements, and wellness affect individuals differently. Planet Cranberry makes no promise or guarantee that any food, cranberry product, dietary supplement, ingredient, nutritional strategy, or wellness practice will produce a particular result. Individual results may vary.

c. Evolving Science. Scientific and medical knowledge continually evolves. Content may discuss established as well as emerging, preliminary, observational, laboratory, animal, mechanistic, or clinical research. The existence of a study does not establish that a particular product, ingredient, dosage, formulation, or intervention is safe or effective for every person or medical condition.

Scientific Research & Clinical Studies. Planet Cranberry may provide summaries, discussions, references, links, and commentary concerning cranberry-related scientific research for educational and informational purposes. References to publications, clinical trials, researchers, universities, laboratories, medical institutions, or research organizations do not constitute medical advice or an endorsement by those researchers or institutions of Planet Cranberry, its owners, affiliates, or any product or company appearing on the platform. Research findings may change, be challenged, or be interpreted differently as additional evidence becomes available. Planet Cranberry does not warrant that every study, article, reference, link, or scientific statement is complete, current, error-free, or applicable to any particular individual.

Products & Ingredients. Planet Cranberry may provide information concerning cranberry products, dietary supplements, foods, beverages, ingredients, formulations, manufacturers, suppliers, brands, technologies, and services. Unless expressly stated herein, inclusion, description, discussion, comparison, review, or listing does not constitute an endorsement or recommendation by Planet Cranberry. Planet Cranberry does not independently manufacture or control third-party products. Product formulations, ingredients, directions, warnings, allergen information, manufacturing practices, pricing, availability, and regulatory status may change. Users should review the manufacturer's current label and instructions before purchase or use and consult a qualified healthcare professional when appropriate. To the fullest extent permitted by law, Planet Cranberry makes no independent guarantee regarding the safety, effectiveness, quality, purity, accuracy, regulatory compliance, merchantability, or fitness for a particular purpose of third-party products appearing on or linked from the platform.

FDA / Dietary Supplement Claims Notice. No products on this Site and no statements regarding such products have been evaluated by the Food and Drug Administration. No product on the site is intended to diagnose, treat, cure, or prevent any disease.

Interviews, Podcasts, Experts & Contributors. Planet Cranberry may feature interviews, podcasts, articles, videos, quotations, commentary, and other content involving researchers, physicians, healthcare professionals, scientists, growers, manufacturers, executives, entrepreneurs, industry representatives, consumers, and other guests. Statements and opinions expressed by guests, interviewees, or contributors are their own and do not necessarily represent the views, policies, recommendations, or positions of Planet Cranberry or its owners or affiliates. An individual's or organization's appearance does not by itself constitute Planet Cranberry's endorsement of that person, organization, product, ingredient, company, medical practice, or viewpoint; nor should participation be interpreted as the guest's endorsement of Planet Cranberry unless expressly stated.

Testimonials & Individual Experiences. Planet Cranberry may publish testimonials, reviews, personal experiences, interviews, or statements from consumers or other individuals. They reflect the experiences and opinions of the people providing them and are not guarantees that others will obtain the same or similar results. Testimonials should not be interpreted as medical evidence or proof that a product, ingredient, food, supplement, or wellness practice will diagnose, treat, cure, prevent, or mitigate a disease.

Commercial Relationships, Sponsorships & Affiliates. Planet Cranberry may receive compensation from advertisers, sponsors, manufacturers, suppliers, affiliate partners, or other commercial partners advertised or presented on the Site. It may also receive commissions or other compensation when users purchase products or services through certain links from the Site.

VI. User Submissions.

By submitting content to the Site, for instance, in the form of a testimonial or otherwise (“User Content”), you grant us and our licensees and successors a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from, market, and promote the User Content for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation.

VII. Proprietary Rights.

The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, is owned by Planet Cranberry or its licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such content and a copyright in the Site. Our name and logos are our trademarks and protected by state and federal laws. All other trademarks appearing on this Site (“Marks”) are trademarks of their respective owners. Users of the Site and Services are prohibited from using any Marks without our written permission or that of such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit any of the content, in whole or in part, without our prior written consent. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

VIII. No License Granted.

Except for allowing you to use the Site and Services for your personal use as set forth herein, when you use the Site or Services, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of ours. You understand that you have no rights to the Services or any other Company property except as expressly stated in these Terms.

IX. Age Requirements.

You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to use the Services.

X. Links.

You may be able to access other websites or resources through links on the Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

XI. Indemnity/Release.

You understand that you are personally responsible for your behavior while on the Site and using the Services and agree to indemnify, defend and hold us, and our affiliates, business partners, and suppliers, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Services and in connection with a third-party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law, or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Services.

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

XII. Disclaimer of Warranties.

YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) AND YOUR RELIANCE ON THE SUFFICIENCY AND ADEQUACY OF THE SERVICES, IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE AND OUR AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS, MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT YOUR USE OF AND ACCESS TO THE SERVICES MAY BE AFFECTED BY THIRD PARTY ACTS AND OMISSIONS THAT ARE BEYOND OUR AND OUR AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS CONTROL AND THAT WE AND OUR AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS WILL NOT BE RESPONSIBLE FOR YOUR ACCESS TO OR INABILITY TO ACCESS AND ENJOY THE SERVICES DUE TO SUCH THIRD PARTY ACTIONS. YOU UNDERSTAND THAT WE AND OUR AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.

XIII. Liability Limitation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, BUSINESS PARTNERS OR SUPPLIERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. OUR LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR OR OUR AFFILIATES’, BUSINESS PARTNERS’ OR SUPPLIERS’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).

XIV. Termination.

We can suspend or terminate your access to a Service or the Site, in whole or in part, at any time, immediately and without notice if, at our sole discretion, you fail to comply with any of these Terms or any law. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.

XV. No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

XVI. Dispute Resolution.

Except as these Terms otherwise provide, you agree that all disputes between you and us involving the Site, the Services or these Terms will be resolved by binding individual arbitration and that you waive your right to bring or participate in any class, collective, or other representative action.

a. Arbitration uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in this Section and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court such as access to discovery, may be unavailable or limited in arbitration. Any dispute, controversy or claim between you and us, our agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Company”) arising out of or relating to these Terms, the Site or Services (collectively "Dispute") shall be settled by final and binding arbitration.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879, or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the "AAA Notice Address").

All Disputes shall be governed by the laws of the State of Florida, without regard to principles of conflict of laws. If there is a conflict between the AAA Rules and this arbitration clause and, the arbitrator shall resolve such conflicts so as to preserve the parties' mutual obligation to arbitrate claims on an individual basis.

b. Process. You agree to first try to resolve the Dispute informally by contacting us in writing at the address below. If the Dispute is not resolved within 60 days of submission, you agree that you or we may initiate arbitration.

Notwithstanding the foregoing, in lieu of arbitration: (1) you or we may assert a claim in small claims court in the United States if your claim qualifies, provided that it is brought and maintained solely as an individual claim; and (2) you or we may assert a claim in court to enjoin infringement or other misuse of intellectual property rights.

The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and us.

To initiate the arbitration process, send a letter to the AAA and us at the address below, with a request for arbitration and a description of your claim. You may also send a copy to the AAA online at https://www.adr.org. The AAA's rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

Arbitration may be conducted at a location that is reasonably convenient for you. Upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitrator will follow these Terms, and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and these Terms. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

c. Jury Trial and Class Action Waiver. IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE.

Except as the Terms otherwise provide, you waive the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You also agree that you may only resolve Disputes with the Company on an individual basis and may not assert a claim as a plaintiff or a class member in a class action, class-wide arbitration, consolidated or representative action and expressly waive your right to file a class action or seek relief on a class basis.

The arbitrator may award declaratory or injunctive relief to you only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.

d. Other. To the extent that any other provision of the Terms is found to be inconsistent with rights, duties, and requirements of this ARBITRATION AND WAIVER OF CLASS ACTION clause, or where the application of such a provision would change or render unenforceable any part of this arbitration clause, such provision shall be null and void and the terms of this ARBITRATION AND WAIVER OF CLASS ACTION clause shall control.

XVII. Miscellaneous.

These Terms and policies incorporated herein are the entire agreement between you and us. They supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Our failure or delay to partially or fully exercise any rights, or waive any breach of these Terms by you, shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information

Nutra Nova Group, LLC, Naples, FL

E-Mail: hello@planetcranberry.com