Terms of Sale

These Terms of Use and Conditions of Sale ("Terms") govern your access to and use of the niMD website and any related pages, checkout systems, landing pages, subdomains, mobile experiences, applications, and related services (collectively, the "Site"). By accessing the Site or making a purchase, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, using, or placing an order through the Site, you represent that you are at least 18 years old, have the legal capacity to enter into a binding contract, will provide accurate information, and are purchasing for personal use only. If you do not agree to these Terms, you may not use the Site.

2. Electronic Assent

You may be required to check a box or click a button to confirm your agreement to these Terms. Your affirmative action constitutes your legally binding electronic signature in accordance with applicable electronic signature laws.

3. Changes to These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. Material changes will be communicated via email, account notices, or website banners. Your continued use of the Site after such changes constitutes your acceptance of the updated Terms.

4. Privacy Policy; Cookies; Tracking Technologies

Our Privacy Policy, available at /pages/privacy-policy, is incorporated by reference into these Terms. The Site uses cookies, pixels, analytics tools, advertising tags, and similar tracking technologies as described in our Privacy Policy.

5. Website Use and Access

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for lawful personal purposes only. We may modify, suspend, or discontinue the Site or any portion thereof at any time without notice. We reserve the right to refuse service to anyone for any reason.

6. Account Security

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately at support@nimd-us.com of any unauthorized access or security breach.

7. Prohibited Uses

You agree not to use the Site to violate any applicable law, commit fraud, provide false information, use automated tools or bots, interfere with the Site or its servers, upload malware, impersonate any person or entity, collect personal data of other users, harass or harm other users, infringe intellectual property rights, or resell or commercially exploit our products or content.

8. Products Sold for Personal Use Only

Products purchased through the Site are for personal use only and may not be resold, redistributed, exported, repackaged, or commercially exploited. We reserve the right to refuse or cancel orders from resellers or commercial purchasers.

9. FDA Disclaimer; No Medical Advice

Statements made on the Site have not been evaluated by the United States Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. All content on the Site is provided for general educational purposes only and does not constitute medical advice. Consult a qualified healthcare professional before using any supplement.

10. Product Use; Safety; Assumption of Risk

You agree to follow all product instructions and labels. niMD is not responsible for injuries, damages, adverse reactions, or losses arising from misuse of our products. By purchasing, you assume all risks associated with supplement use.

11. Product Availability; Errors; Inaccuracies

We make reasonable efforts to display accurate product information, but we do not warrant that descriptions, pricing, or other content is complete, accurate, or current. We reserve the right to correct errors and to change or update information at any time without notice.

12. Orders as Offers; Order Acceptance

Your submission of an order constitutes an offer to purchase, not a binding contract. Electronic order confirmations do not constitute acceptance. We reserve the right to accept, decline, cancel, or delay any order, including orders suspected of fraud or placed in error.

13. Pricing; Taxes; Promotions

All prices are in U.S. Dollars and are subject to change without notice. Prices may exclude applicable taxes, shipping fees, and other charges, which will be displayed at checkout. Promotions and discount codes are subject to their own terms and may be modified or discontinued at any time.

14. Payment Authorization

By placing an order, you authorize us to charge your payment method for the total order amount, including product costs, shipping, taxes, and any other disclosed charges. You are responsible for ensuring your payment method has sufficient funds and for any bank fees incurred.

15. Merchant Descriptor Disclosure

Charges will appear on your statement under a descriptor associated with niMD or our payment processors. Please review your statements carefully and contact us at support@nimd-us.com before initiating a chargeback.

16. Subscriptions; Automatic Renewal; Recurring Billing

16.1 Subscription Enrollment

Subscriptions include automatic recurring shipments at your selected frequency. Your subscription will continue and auto-renew unless you cancel in accordance with these Terms.

16.2 Affirmative Consent

Before enrolling in a subscription, recurring billing terms are clearly disclosed, including renewal details, frequency, amounts, promotional pricing, cancellation policy, and support contact. Your enrollment constitutes affirmative consent to these terms.

16.3 Automatic Renewal

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT SUBSCRIPTION RATE AND AT THE BILLING INTERVAL DISCLOSED AT CHECKOUT OR IN YOUR ORDER CONFIRMATION.

16.4 Post-Enrollment Confirmation

We will send you an order confirmation email containing your subscription terms, billing details, and cancellation instructions at the email address you provided.

16.5 How to Cancel

You may cancel your subscription by logging into your account, using our subscription management portal, or by emailing us at support@nimd-us.com. Cancellations must be submitted at least two business days before your next billing date to take effect for that cycle.

16.6 Effect of Cancellation

Cancellation stops future charges and shipments but does not entitle you to a refund of past charges or already-processed orders. Refund eligibility is governed by our Refund Policy.

16.7 Failed Payments; Retry Authorization

If a payment fails, you authorize us to retry the charge and to update your payment information if provided by your card issuer through automatic account updater services. Unpaid balances may be referred to collections.

16.8 Account Updater Disclosure

We may use automatic account updater services that receive updated card information from card issuers, which may then be charged for amounts owed. You may opt out by contacting your card issuer or canceling your subscription.

16.9 California Residents

California residents are entitled to additional automatic renewal disclosures under California law, including notice that subscriptions auto-renew until canceled, that charges occur at disclosed rates and frequencies, and that online cancellation methods are available.

17. Refunds; Returns; Cancellations

Refunds and returns are governed by our Refund Policy, available at /pages/refund-policy. Refunds are processed to the original payment method within 5–10 business days. Sales become final after 90 days. Opened or used products may be ineligible for return. Abuse of our refund policies may result in refusal of future service.

18. Chargebacks; Billing Disputes

We encourage you to contact us at support@nimd-us.com before initiating a chargeback or dispute with your payment processor. We may respond to disputes by providing evidence to payment processors, suspending orders, or taking other appropriate action. Fraudulent chargebacks may be referred for collection or legal action.

19. Fraud Screening; Identity Verification

We use fraud prevention tools and may delay, cancel, or refuse suspicious orders. We may request additional verification information, and failure to provide it may result in order cancellation.

20. Shipping; Title; Risk of Loss

We ship to U.S. addresses and potentially internationally. Orders typically ship within 5–14 business days, though delivery times are not guaranteed. You are responsible for providing an accurate shipping address. Title and risk of loss transfer to you upon carrier receipt of your order. International customers are responsible for all customs duties and import charges.

21. Delivery Confirmation

Carrier delivery confirmation constitutes conclusive proof of delivery. Tracking records will be used to resolve delivery disputes. Replacements or credits for non-delivery claims are at our discretion unless otherwise required by law.

22. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, pandemics, labor disputes, supply disruptions, governmental actions, cyberattacks, or payment processor failures.

23. Third-Party Websites; Services; Tools

The Site may contain links to third-party websites or services. We do not control or assume responsibility for the content, privacy practices, or terms of any third-party sites. Your use of third-party services is governed by their own terms and policies.

24. SMS / Mobile Messaging

By opting into our SMS program, you consent to receive recurring automated text messages from us. Consent is not required as a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP. Participants must be at least 13 years of age.

25. Email Marketing; Electronic Communications

By creating an account, placing an order, or subscribing, you consent to receive electronic communications from us, including order confirmations, shipping notices, and marketing emails where permitted. You may unsubscribe from marketing emails at any time. Transactional emails related to your orders will continue regardless of marketing preferences.

26. User Content; Reviews; Testimonials

By submitting reviews, testimonials, photos, videos, or other content to us, you grant niMD a perpetual, worldwide, royalty-free license to use, reproduce, modify, and publish such content for business, marketing, and commercial purposes. You represent that you own or have rights to submit such content and that it does not infringe any third-party rights or violate any laws.

27. Intellectual Property

All content on the Site, including text, graphics, designs, images, logos, software, and trademarks, is owned by or licensed to niMD and is protected by applicable intellectual property laws. You may access content for personal, non-commercial use only. You may not copy, reproduce, distribute, or commercially exploit any content without our express written permission.

28. DMCA / Copyright Notice

To report a copyright infringement claim, please contact us at:

niMD, Attn: DMCA/Copyright Agent
315 E 5th St. STE 202, Waterloo, IA 50703
support@nimd-us.com

29. Disclaimer of Warranties

THE SITE, PRODUCTS, SERVICES, CONTENT, AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. niMD DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

30. Limitation of Liability

IN NO EVENT SHALL niMD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE OR OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO US IN THE PRECEDING TWELVE (12) MONTHS OR $100.00.

31. Indemnification

You agree to defend, indemnify, and hold harmless niMD and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Site, your violation of any law or third-party rights, your submitted content, fraudulent conduct, unauthorized product resale, or chargeback abuse.

32. Limitation on Time to File Claims

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. CLAIMS NOT COMMENCED WITHIN THAT PERIOD ARE PERMANENTLY BARRED.

33. Dispute Resolution; Mandatory Binding Arbitration

33.1 Agreement to Arbitrate

You and niMD agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Site, or our products shall be resolved exclusively through binding, confidential arbitration on an individual basis, except as specified below.

33.2 Pre-Arbitration Notice and Informal Resolution

Before initiating arbitration, you must send a written Notice of Dispute by certified mail to: niMD, Attn: Legal Department, 315 E 5th St. STE 202, Waterloo, IA 50703. The notice must include your full name, address, email, order number, a description of the claim, and the relief sought. The parties shall engage in good-faith resolution efforts for thirty (30) days before arbitration may be initiated.

33.3 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules before a single neutral arbitrator. Proceedings may be conducted by phone, videoconference, written submissions, or in person. The arbitrator may award any remedies available under applicable law on an individual basis but may not award class-wide or representative relief.

33.4 Small Claims Exception

Either party may bring an individual action in small claims court where the claim qualifies.

33.5 Equitable Relief

Notwithstanding the foregoing, niMD may seek injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property, confidential information, unauthorized resale, fraud, or other conduct that may cause irreparable harm.

34. Class Action Waiver

YOU AND niMD AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATION, REPRESENTATIVE ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR CONSOLIDATION OF CLAIMS WITH OTHERS.

35. Jury Trial Waiver

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND niMD KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

36. Opt-Out Right

You may opt out of the mandatory arbitration and class action waiver provisions by sending written notice by certified mail within thirty (30) days of your first acceptance of these Terms to: niMD, Attn: Legal Department, 315 E 5th St. STE 202, Waterloo, IA 50703. Email opt-outs are not effective.

37. Governing Law

These Terms are governed by the laws of the State of Iowa, without regard to conflict-of-law principles, to the extent not preempted by federal law.

38. Severability

If any provision of these Terms is found unlawful or unenforceable, such provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

39. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, checkout disclosures, and order confirmations, constitute the entire agreement between you and niMD regarding your use of the Site and purchase of our products.

40. Contact Information

For questions about these Terms, please contact us:

niMD
315 E 5th St. STE 202
Waterloo, IA 50703

Email: support@nimd-us.com

Disclaimer – These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.