Welcome to NxSignature, Inc, a technology platform designed to
Provide Consumers access to laboratory testing using saliva and/or urine at the privacy of the Consumer’s home. Free shipping is included in the samples back to the laboratory. Interpretative analysis and recommendation are included as a part of the laboratory testing;
Connect Consumers with Naturopathic Physicians, Dietitians and other providers via telemedicine;
Provide Consumers access to a wide variety of non-prescription, professional grade nutraceutical products for home delivery.
Nx Signature, Inc
20801 N. Scottsdale Rd.
Scottsdale, AZ 85255
Throughout this Agreement, We may use certain words or phrases, and it is important that You understand their meanings. For Your convenience, We have capitalized those words or phrases that are defined in this section. Please note that the headings contained in this Agreement are for reference only.
“Consumer” means a person who purchases Product(s) using the site;
“Governmental Authority” means any federal, state, local or other government with jurisdiction with Services furnished or received in connection with using the Service;
“Health Product Distributor” means an independent, third party contracted with NxSignature, Inc. which ships Product(s) purchased by You directly to You;
“Health Professional” means a licensed (if required by Law) person who uses Our Services to connect with Consumers. Most services provided by NxSignature, Inc. do not require a Health Professional. Health Professionals bill separately to You for the services that they provide. NxSignature is a technology platform that does not engage whatsoever in the practice of medicine.
“NxSignature” means NxSignature Inc., Our Site, Our Service(s); or a combination of all or some of the foregoing definitions, depending on the context of the word;
“Intellectual Property Rights” means all intellectual property rights, including intellectual property rights comprising or relating to: (a) patents; (b) trademarks, service marks and logos; (c) internet domain names registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all rights interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however, arising in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the Laws of any jurisdiction throughout the world.
“Laboratory” refers to an independent, licensed laboratory;
“Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, policy or other requirement or rule of law of any Governmental Authority;
“Payment Processor” means a third party company which processes payments on behalf of NxSignature and/or a Health Professional, if applicable;
“Platform” means NxSignature’s proprietary platform through which NxSignature delivers Services;
“Products” means those items sold by NxSignature using the site. Products sold through NxSignature are non-prescription (non-legend) products. Some, but not all products require by the Supplier a recommendation from a Health Professional. Products accessed have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease;
“Sale Price” is the price that is paid by You which typically reflects a discount from the Manufacturer Suggested Retail Price (“MSRP”). Shipping charges may be added to the Sale Price and Sales tax, if required, will be added to the Sale Price.
“Services” refers to the services that We provide or arrange for through Our Site, including Our Site itself, all services furnished to Health Professionals, if applicable, and all services provided to Consumers, including payment collection and processing, shipping and tracking, website hosting, and any other support services provided.
“Site” refers to Our website, NxSignature.com;
“Supplier” means a specific company that is in the business of manufacturing and/or selling specific Product(s);
“User” refers to Patients, Health Professionals, Health Product Distributors, and general visitors to Nx Signature’s Site;
“We,” “Us,” or “Our” refers to Nx Signature;
“You” or “Yours” refers to you, the Consumer entering into this Agreement with NxSignature.
NxSignature is an e-commerce platform that enables You to access Health Professionals, if desired, purchase Products, and access laboratory testing with confidential results provided to you. If a Supplier requires a Health Professional recommendation, Nx Signature facilitates the sale of Products to You through provision of support services including shipping, handling and payment processing for home delivery.
In order to use Our Service, You must meet a number of conditions, including but not limited to:
If applicable, Your Health Professional has recommended You purchase and use the Product(s);
You agree to consult directly with Your Health Professional if you have any questions regarding use of any Product or wish to make any changes in the prescriptions that you take by order of Your Health Professional;
You must provide Us with accurate personal information, payment information, and other information that We deem necessary to provide You with the Services we provide to Your Health Professional, if applicable, and to You;
Acknowledge that NxSignature is not Health Practitioner, is not engaged in any practice of medicine, and is not responsible for Your or any Health Practitioner’s practice;
Acknowledge that the products purchased via the site are non-prescription items. NxSignature is not responsible for any product liability and that You will look solely to the Supplier for any questions related to Products purchased via the site. Some products may require a Health Professional recommendation and if so, the site may provide access to an independent Health Professional via a tele-medicine platform. Health Professionals, if applicable, bill separately for the professional services.
Acknowledge that access to laboratory services and related interpretation is provided by a licensed, independent third party laboratory and that NxSignature is not responsible for any liability related to such services. You agree that You will look solely to the Laboratory for any questions or liability related to such services.
Subject to the terms and conditions of these Terms of Service, NxSignature hereby grants to You, during the term of this Agreement, a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Site solely to You.
In addition to meeting the eligibility requirements discussed above, You agree to comply with the following rules governing Your use of Our Services:
You must observe all directions and instructions given by Your Health Professional, the Laboratory and the Supplier in relation to any Laboratory testing, or Product, including labeling, branding, directions, dosage, storage, and other directions. Any information or content provided by NxSignature are for informational purposes only and not meant to substitute for the advice provided by Your Health Professional.
NxSignature is not responsible for any representations, warranties, guarantees, indemnities, commitments, or other similar claims actually, apparently, or ostensibly made by Your Health Professional, the Laboratory, or by the Product manufacturer. Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration are not intended to diagnose, treat, cure, or prevent any disease.
You disclaim any and all liability from NxSignature, for any statements made by Your Health Professional and the Product manufacturer including any claims that appear on the Product label or in Supplier’s Product listing.
Except in the context of a caregiver purchasing on behalf of someone not legally capable of purchasing Products (e.g. minors), You shall not re-sell or otherwise transfer any Products purchased by You to any other person. In the limited circumstances where a Product is purchased by one person for another, the ultimate receiver of the Product shall be appropriately reflected and the purchase shall only be upon the recommendation of such individual’s Health Professional, if applicable.
You shall not post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable, as determined in the exclusive discretion of NxSignature.
You shall refrain from the making of any fraudulent or negligent representations related to NxSignature, the Product(s), or Our Services.
You shall not infringe on anyone’s Intellectual Property Rights (including NxSignature’s Intellectual Property Rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the NxSignature Site, Service, or its Users’ computers.
Except as expressly provided in these Terms of Service, You shall not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Site, in whole or in part, without Our express written permission.
You shall not use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site.
You may not do anything else which, in NxSignature’s sole discretion, may bring NxSignature, Laboratory, Suppliers or any Health Professionals or Users into disrepute, or endanger the business or safety of NxSignature or any third party.
Our provision of Services to You is contingent on Your agreement with this and all other sections of this Agreement.
You hereby expressly acknowledge that the Laboratory, Supplier or Your Health Professional are solely and exclusively responsible for compliance with any and all applicable Laws and that NxSignature does not purport to offer any advice or information concerning potentially applicable Laws or compliance therewith. The reference to specific laws or regulations in this section or elsewhere in this Agreement shall not be read or construed to imply that such laws or regulations are applicable to You, the Laboratory, Supplier or Your Health Professional, nor that other laws or regulations are not applicable. Further, NxSignature expresses no opinion with respect to the appropriateness or legality of the resale or recommendation of Products to You by any Health Professional. It is Your responsibility to ensure that You have informed Your Health Professional of any information including specifically, but not exclusively, the information regarding the results of any laboratory testing and the use of any Product.
The Platform, in partnership with the Payment Processor, will bill You for the Sale Price and collect the Sale Price from You to contracted Laboratories or Health Product Distributors.
Laws in some states and local jurisdictions require Us to collect sales tax. If applicable, We will collect the required tax and remit to the appropriate taxing authority. Sales tax is added to the Sale Price, if applicable.
Certain features or services offered on or through the Site may require You to open an account (including setting up a user name and password). You are solely responsible for maintaining the confidentiality of Your account information, including Your password, and for any and all activity that occurs under Your account. You agree to notify NxSignature immediately of any unauthorized use of Your account or password. You may not use the account, user name or password of any other individual or company at any time without the express written permission and consent of the holder of the account, user name or password. NxSignature will not be liable for any loss or damage arising from Your failure to comply with this section.
NxSignature and/or the Health Product Distributor will ship Product in accordance with any Supplier instructions. Shipping policies related to delivery time and/or method may vary based on the Health Product Distributor furnishing the Product.
For more information about shipping, please visit the website of the relevant Health Product Distributor.
If a chargeback or other payment reversal is initiated by You, or a payment from You is not successful, and the Product in relation to that payment is nonetheless shipped to You, You agree that You will return the product upon request.
The Site contains copyrighted material, trademarks (including but not limited to the NxSignature trademark), service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (collectively, the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws. NxSignature’s Content is important because it distinguishes NxSignature from competitors and other websites in general, both to customers and to search engines. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving Our prior written permission. You further agree not to remove, alter or obscure any proprietary notice or legend of NxSignature, its suppliers or licensors. Neither these Terms of Service nor Your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to You. We and Our third-party licensors retain all of Our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
There may be blogs, bulletin boards, public commentary, and discussion threads on this Site (the “Forums”). The Forums offer an opportunity for communication and information sharing among a variety of participants. NxSignature hopes the Forums provides visitors with a wealth of information from fellow participants, including public commentators. However, please take a moment to read these guidelines for participation in the Forums. These guidelines apply both to content and hyperlinks to external sites posted by Forum contributors:
Any comments, content, messages, text, opinions, suggestions, ideas, materials (including, without limitation, photographs and graphics) and other submissions (“User Submissions”) that You send to NxSignature or otherwise post, upload, submit, display, publish, or share (hereinafter “post”) through the Forums are not confidential.
NxSignature encourages discussion, debates, and even arguments in comments, but please share Your thoughts politely and constructively. While we strongly encourage open debates, we want to make sure that they take place in a climate of mutual respect. User Submissions that are abusive, vulgar, racist, slanderous, harassing, misleading, irrelevant, or otherwise objectionable will not be posted. Any User Submission that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
User Submissions do not represent the professional advice or opinions of NxSignature or its staff. The results of any actions You take based on the advice You find in the Forums are Your responsibility alone. You are solely responsible and liable for all activities conducted by You in such Forums and for the content of Your User Submissions. You agree that You will not seek to hold NxSignature liable for the User Submissions of others.
Users are solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal, or other applicable competition law. If You violate this Agreement, You will have your access to the Forums suspended and may permanently be banned from using such Forums. In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact NxSignature. NxSignature will make reasonable efforts to remove the posting if removal is necessary.
You are not allowed to post any message, data, code, or software that would violate the proprietary rights of Nx Signature or others, including unauthorized copyrighted text, images or programs, trade secrets, or other confidential proprietary information, or use any trademarks or service marks in an infringing fashion. You agree that your User Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right.
You are not allowed to post photos or video of any third party without their express permission. By posting any video on the Site or Forums, you warrant that you have express permission from all persons appearing in the media.
You are not allowed to post any advertisements or solicitations of business, chain letters, or pyramid schemes, or to post the same posting more than once.
User Submissions may be approved for posting provided they are on topic, are relevant to the Forum, and do not include any of the previously mentioned elements that would warrant automatic refusal. NxSignature has no obligation to monitor any Forums on this Site. However, NxSignature reserves the right to review, distribute, remove, or delete any posts in the Forums. NxSignature reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in NxSignature’s sole discretion.
NxSignature is not responsible for the content of the communications and materials uploaded to the Site. This information should be viewed critically. Any blogs, messages, advice, opinions, or other information contained in any Forum should not be construed as professional advice or instruction. Users are solely responsible for determining whether Forum information is suitable for their purposes, and reliance on the information is at the user’s sole risk.
We may revoke Our consent for Your use of Our intellectual property, or any other permission granted to You under this Agreement, at any time. You agree that if We so request, You must take immediate action to remove any usage of Our intellectual property that You may have engaged in, even if it would cause a loss to You.
We take copyright and trademark infringement very seriously. If You believe that a Health Professional or any other User has infringed on intellectual property rights, please notify Us immediately by sending full details to email@example.com. When notifying Us of the alleged copyright infringement please provide Us with the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
identification of the copyrighted work alleged to have been infringed;
a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If We in good faith believe material to infringe a copyright or otherwise violate any Intellectual Property Rights, We will remove or disable access to such material.
Please be advised that false reports of infringement are defamatory and actionable, and a User affected by such false reports may seek an award of damages from You if such a report is made.
Defamation is prohibited by this Agreement, and We request that You notify Us at firstname.lastname@example.org if You believe any content on the Site is defamatory. Please address such notices to Us at:
Nx Signature, Inc
20801 N. Scottsdale Rd.
Scottsdale, AZ 85255
You agree that We may take steps to confirm Your identity, such as requesting a notarized copy of Your government identification and/or recent utility bill, in order to combat money laundering.
If You believe that a User is engaging in money laundering activities using Our Services, please contact Us immediately. You should also notify the appropriate state or federal agency with oversight.
ALL PRODUCTS AND SERVICES ARE PROVIDED BY NX SIGNATURE AND PAYMENT PROCESSOR “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NXSIGNATURE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.
You hereby agree to defend, indemnify, and hold NxSignature, along with its affiliates, subsidiaries, directors, officers, agents and employees, harmless for any and all damages, costs, claims, liabilities, losses, fees and expenses incurred by NxSignature or a third party arising from or related to NxSignature’s provision of Services to You or on Your behalf, including but not limited to any breach of a representation or warranty of this Agreement or Your use of Our Site or Services. You agree that this duty to defend extends to requiring You to pay for Our reasonable attorneys’ fees, court costs, and disbursements. IN NO EVENT SHALL NXSIGNATURE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT NXSIGNATURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU TO NXSIGNATURE HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST CLAIM GIVING RISE TO A CAUSE OF ACTION HEREUNDER.
You agree that We are not responsible in any way for damages caused by third parties who may use Our services or who provide Products or services through the Site, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards You. Further, You agree that We are not responsible for any failure of a third party to comply with or fulfill any contractual obligation, including but not limited to any actions taken by a Payment Processor to place a hold on Your funds, any failure by a Payment Processor to direct payments to the correct destination or by a Health Product Distributor with respect to shipping or delivery, or any disruptions, scheduled or unscheduled, intentional or unintentional, of Our Site which may prevent access temporarily or permanently. We are not responsible for any fraud, malpractice, negligence, or other torts by any third party.
For Jurisdictions that do not allow Us to limit Our liability: Notwithstanding any provision of these Terms, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then Our liability is limited to the smallest extent possible by Law. Specifically, We do not disclaim liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, 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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree that all actions or proceedings arising out of, in connection with, or otherwise concerning this Agreement shall be tried and litigated exclusively in the state or federal courts located in Arizona and shall be governed by the laws of the State of Arizona. You hereby waive the right to contest exclusive venue in the courts of Arizona and irrevocably consent to the jurisdiction of the appropriate state or federal court in Arizona for the purposes of this Agreement.
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, NxSignature shall have the sole right to elect which provision remains in force.
NxSignature reserves all rights afforded to Us under this Agreement as well as under the provisions of any applicable Laws. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable Laws shall not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate Your account, access to the Site, or Our Services to You at Our discretion without explanation, though We will strive to provide a timely explanation in most cases. Our liability for refunding You, if You have paid anything to us, will be limited to the amount You paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to Your breach of this Agreement, in which case You agree that We are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of Our Services to You, will We be liable for any losses related to actions of other Users.
You may not assign Your rights and/or obligations under this Agreement to any other party without Our prior written consent. We may assign Our rights and/or obligations under this Agreement to any other party at Our discretion.
We may amend this Agreement from time to time. When We amend this Agreement, We will notify You via e-mail that there has been a change. Your continued use of Our Services following such notice shall be deemed an acceptance by You of the changes to this Agreement, and such changes shall be binding on You.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Nx Signature should be addressed to Our agent for notice and sent via certified mail to:
20801 N. Scottsdale Rd.
Scottsdale, AZ 85255
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: November 15, 2016