The terms that govern use of this website and purchases made through it.
These Terms of Service ("Terms") govern your access to and use of the ESSENTIAL SUBSTANCE website and the purchase of products through the website.
By accessing or using the website, placing an order, or otherwise interacting with the website, you agree to these Terms.
If you do not agree with these Terms, do not use the website.
You represent that you have the legal capacity to enter into these Terms and that your use of the website complies with applicable law.
You agree not to:
We reserve the right to suspend or terminate access where reasonably necessary.
We make reasonable efforts to provide accurate product descriptions, photographs, ingredient information, pricing, availability, and other information.
However, product appearance, packaging, availability, and other characteristics may occasionally vary. We reserve the right to correct errors, update information, and change product availability without prior notice.
ESSENTIAL SUBSTANCE products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease.
Customers should read product labels and follow the recommended directions for use.
Do not use a product contrary to its labeling.
If you have questions about whether a dietary supplement is appropriate for you, consult an appropriately qualified healthcare professional before use.
IMPORTANT: Individual results may vary. No product or statement on this website should be interpreted as a guarantee of a particular result.
Where applicable, dietary-supplement structure/function claims are subject to applicable FDA requirements. FDA states that qualifying claims must be truthful and not misleading and carry the required disclaimer.
Submitting an order constitutes an offer to purchase.
We reserve the right to accept, decline, cancel, or limit orders for legitimate reasons, including:
If we cancel an order after payment has been received, we will issue an appropriate refund for the canceled portion.
Prices may change at any time.
We reserve the right to correct pricing errors. A promotional price or discount does not create an obligation to continue the promotion indefinitely.
ESSENTIAL SUBSTANCE may offer free shipping promotions.
Free shipping is a promotional benefit and may be modified, restricted, suspended, or discontinued at any time unless otherwise required by law.
Free shipping does not necessarily include expedited shipping, special handling, international duties, taxes, or other charges unless expressly stated.
Applicable sales tax and other government-imposed charges may be added where required.
Shipping estimates are estimates and are not guaranteed delivery dates unless expressly stated otherwise.
We are not responsible for delays caused by carriers, weather, natural disasters, government action, address errors, customs, or circumstances beyond our reasonable control.
Customers are responsible for providing accurate shipping information.
Additional shipping charges may apply when an address correction, re-shipment, expedited service, or other special shipping service is requested.
Returns and refunds are governed by our separate Return & Refund Policy.
All website content, including:
is owned by or licensed to ESSENTIAL SUBSTANCE unless otherwise indicated.
You may not reproduce, modify, distribute, sell, publicly display, create derivative works from, or commercially exploit our content without written permission.
If you voluntarily submit reviews, photographs, testimonials, comments, or other content, you grant ESSENTIAL SUBSTANCE a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, modify, and publish that content for business and marketing purposes, subject to applicable law.
You represent that you have the necessary rights to submit the content.
We may remove content that violates these Terms or applicable law.
Testimonials represent individual experiences and are not guarantees of typical results.
Results from dietary supplements can vary from person to person.
We reserve the right to remove reviews or content that are fraudulent, abusive, unlawful, misleading, unrelated to the product, or otherwise violate our policies.
Our website may rely on third-party providers for payment processing, hosting, analytics, shipping, advertising, reviews, customer support, and other services.
We are not responsible for third-party services that are outside our reasonable control.
To the maximum extent permitted by law, the website and its content are provided on an "as available" and "as is" basis.
We do not guarantee that:
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
To the maximum extent permitted by applicable law, ESSENTIAL SUBSTANCE and its owners, officers, employees, affiliates, contractors, service providers, and agents will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to use of the website or purchase or use of products.
To the maximum extent permitted by law, our aggregate liability relating to a particular purchase will not exceed the amount actually paid for the product giving rise to the claim.
Nothing in these Terms is intended to exclude liability that cannot legally be excluded.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ESSENTIAL SUBSTANCE and its owners, officers, employees, affiliates, contractors, and service providers from claims, damages, losses, liabilities, costs, and expenses arising from:
This provision does not apply to the extent prohibited by law.
These Terms will be governed by the laws of the State in which ESSENTIAL SUBSTANCE is organized and by applicable United States federal law, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Before filing a formal legal proceeding, the parties agree to make a good-faith effort to resolve the dispute by contacting the other party and providing a reasonable opportunity to respond.
Nothing in this section limits rights that cannot legally be waived.
We may update these Terms periodically.
The updated Terms will become effective when posted unless otherwise stated.
