Terms & Conditions

Terms and Conditions
 
Effective Date: October 1, 2025

Welcome to NXGEN Wholefoods. These Terms and Conditions govern your use of our website and the purchase of supplements and related products offered by us.

Please read these terms carefully before accessing or using our website or purchasing any products. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
 
1. Website Use and Medical Disclaimer

A. Educational Content Only
 
The information provided on this website (including articles, blog posts, product descriptions, testimonials, and emails) is for informational and educational purposes only. This content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any supplements.
 
B. Not Medical Advice
 
You acknowledge that our staff, including any person making a comment or testimonial on this site, are not providing medical advice. Reliance on any information provided by the website is solely at your own risk.
 
C. Age Restriction
 
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
 
2. E-commerce and Sales Terms

 A. Product Information and Pricing
 
We attempt to ensure that product descriptions, pricing, and availability are accurate. However, we do not warrant that product descriptions or other content are wholly accurate, complete, reliable, current, or error-free.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
 
B. Orders, Payments, and Acceptance
 

1. Order Refusal: We reserve the right to refuse any order you place with us. We reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per household, or per order.

2. Payment: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3. Risk of Loss: The risk of loss and title for all items purchased from the website passes to you upon our delivery to the shipping carrier.

 
C. Returns and Refunds
 
Our policy regarding returns and refunds is detailed separately on our refund policy page. By making a purchase, you agree to be bound by the terms of this policy.
 
3. Intellectual Property
 
All content published and made available on our Website, including product formulas, images, text, logos, trademarks, and documentation, is the property of NXGEN Wholefoods and is protected by copyright and trademark laws. You are granted a limited, non-exclusive, non-transferable right to access and use the Website for your personal, non-commercial use only.
 
4. Limitation of Liability and Disclaimer of Warranties
 
The website, its content, and the products are provided on an "as is" and "as available" basis. 

 

To the fullest extent permitted by applicable law, in no event shall NXGEN Wholefoods, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensorts be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

5. Indemnification
 
You agree to indemnify, defend, and hold harmless NXGEN Wholefoods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
 
6. Governing Law and Dispute Resolution
 
These Terms and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of the State of New York.

Any claim or dispute arising out of or relating to your use of the website or the products shall be resolved by binding arbitration in the State of New York, rather than in court. You and NXGEN Wholefoods are each waiving the right to a trial by jury or to participate in a class action.
 
7. Changes to Terms and Conditions
 
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
 
Contact Information
 
Questions about the Terms and Conditions should be sent to us at NXGEN Wholefoods, 260 Kings Mall Court, #154, Kingston, NY, 12401, or via email at support@nxgenwholefoods.com.