These Terms of Service ("Terms") govern your access to and use of the website at thetowernutrition.com and any related products, services, or communications (collectively, the "Services") provided by The Tower Energy & Nutrition ("The Tower," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.
1. Eligibility
You must be at least 13 years of age to use the Services. If you are under the age of 18, you represent that you have your parent or legal guardian's permission to use the Services and to enter into these Terms.
2. Orders and Fulfillment
When you place an order through our website, you agree to provide accurate, current, and complete information. We reserve the right to refuse, cancel, or modify any order at our discretion, including for reasons such as inventory limitations, suspected fraud, or pricing errors.
Orders are subject to availability. Pickup or shipping timelines are estimates and not guarantees. We will notify you via SMS or email when your order is ready.
Wellness VIP Membership
If your order requires a Herbalife Wellness VIP Membership registration, you acknowledge that the VIP Membership is a separate relationship between you and Herbalife Nutrition, governed by Herbalife's own terms and conditions. The Tower facilitates the introduction but is not a party to the VIP Membership agreement.
3. SMS / Text Messaging Terms
- Message frequency varies. You may receive transactional messages related to each order, plus occasional promotional messages.
- Message and data rates may apply. The Tower does not charge you for SMS, but your wireless carrier may.
- Reply STOP to unsubscribe at any time. You will receive a confirmation message and no further texts unless you opt back in.
- Reply HELP for help, or contact us using the information at the bottom of these Terms.
- Carriers are not liable for delayed or undelivered messages.
Mobile information is handled in accordance with our Privacy Policy. We do not sell, share, rent, or transfer your phone number, SMS opt-in data, or SMS communications to third parties for marketing purposes.
4. Acceptable Use
You agree not to:
- Use the Services in any manner that violates any applicable law or regulation.
- Submit false, misleading, or fraudulent information.
- Attempt to interfere with, compromise the security of, or otherwise disrupt the Services.
- Use the Services to transmit harmful or unlawful content.
- Reverse engineer, scrape, or otherwise extract data from the Services without our express written permission.
5. Intellectual Property
All content on the Services, including the The Tower name, logo, designs, text, graphics, and other materials, is owned by or licensed to The Tower Energy & Nutrition and is protected by intellectual property laws. You may not reproduce, modify, distribute, or otherwise use our content without our prior written consent.
6. Third-Party Products and Links
The Services may reference or link to third-party products (including Herbalife Nutrition products) and websites. The Tower is not responsible for the content, products, or practices of any third party, and your interactions with third parties are governed by their own terms and policies.
7. Disclaimers
The Services and the products offered are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. The Tower does not warrant that the Services will be uninterrupted, error-free, or secure.
Statements about products on the Services have not been evaluated by the U.S. Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before starting any nutritional program.
8. Limitation of Liability
To the maximum extent permitted by law, The Tower Energy & Nutrition, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Services or the products purchased.
In no event shall our total cumulative liability to you for any claim arising out of or relating to these Terms or your use of the Services exceed the amount you paid us, if any, for the product or service giving rise to the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless The Tower Energy & Nutrition and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of another party.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Cleveland County, Oklahoma, and you consent to personal jurisdiction in those courts.
11. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective" date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the updated Terms.
12. Contact Us
If you have questions about these Terms, contact us at:
The Tower Energy & Nutrition
Norman, Oklahoma
Email: hello@thetowernutrition.com
Instagram: @thetowernutrition