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Terms & Conditions

This Terms of Use Agreement (Terms and Conditions Agreement) constitutes an agreement between Morter HealthSystem and each user, “you,” “your,” “user” or “customer” governing the use by you of this site.  Please read this Agreement carefully before using this site.  By using this site, you signify your assent to this Terms of Use Agreement.  If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site.

Morter HealthSystem does not offer healthcare advice.  Always consult with a physician and/or healthcare professional.

You should not use information, services, or products on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment.  Information, services, or products are NOT intended as a substitute for advice from your physician and/or healthcare professional.  Moreover, any information on our product labels or packaging is only for informational purposes and is not intended as a substitute for advice from your physician and/or healthcare professional.  The products, supplements, equipment, devices, and any other commercial and non-commercial items sold, discussed, and/or promoted on this site or a linked site have not undergone testing by the Food and Drug Administration or other scientific bodies and the risks associated with them are unknown.

The products sold on this site are not intended to diagnose, treat, cure or prevent any disease. You should always consult with a physician and/or healthcare professional before using any nutritional, herbal, or homeopathic supplement, before undergoing any diet or exercise program, or before adopting any treatment to address a health problem.  Prior to buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided any linked site, you should consult with a physician and/or healthcare professional.

Information on this site is not intended and should not be used for diagnosis or treatment of any health problem; nor should it replace or augment the prescription of any medication or other treatment.  You should consult your physician and/or healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements. You must work with your doctor before discontinuing any drug or altering any drug regimen.

The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease.

Copyright and Trademarks

All website design, text, graphics, sound, software, and other content, and the selection and arrangement thereof, are the property of Morter HealthSystem or its licensors and are protected by the United States and international copyright law.  All rights to such materials are reserved to their respective copyright owners.  Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing and recording an order with Morter HealthSystem or using this website as a shopping vehicle.  Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Morter HealthSystem, is strictly prohibited.

Morter HealthSystem and all logos, page headers, custom graphics, and icons are service marks and/or trademarks of Morter HealthSystem or its licensors or affiliates.  All other trademarks, service marks, product names, and company names or logos that appear on this site are the property of their respective owners.

User Submissions

Any suggestions, ideas, comments, customer notes, questions, reviews, or other submissions (collectively, “submissions”) by users through the morter.com website, any email address associated with Morter HealthSystem or any website associated with Morter HealthSystem (hereinafter in this section referred to as “site”) shall be deemed the sole property of Morter HealthSystem, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions.

Submissions are and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, sublease, create derivative works from such Submissions, to translate, modify, edit, reverse-engineer, disassemble, or decompile such Submissions by any means and in any form, including on any and all avenues of communication owned and/or operated by Morter HealthSystem and its owners.  All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.  We may, but shall not be obligated to, remove or edit any Submissions (including comments, questions, or reviews) for any reason.  We can and often will edit Submissions for grammar, punctuation, spelling, syntax, and any and all other reasons within our sole discretion.

You grant Morter HealthSystem- by any means and in any form, including on any and all avenues of communication owned and/or operated by Morter HealthSystem and its owners – and our sublicensees the right to use the name that you submit in connection with such content if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Morter HealthSystem and its owners for all claims resulting from content you supply.  You hereby waive any claim, cause of action, or other recourse that you might have against Morter HealthSystem and its owners for all claims resulting from content you supply.  You hereby waive any claim, cause of action, or other recourse that you might have against Morter Supplements for any alleged or actual infringement or misappropriation of any intellectual property or another right in any such submissions.

We have the right but not the obligation to monitor and edit or remove any activity, content, or Submissions.  We take no responsibility and assume no liability for any Submissions submitted by you or any third party.

Disclaimer regarding Submissions and Recommendations

User Submissions, as well as product ratings, reviews, testimonials, questions, answers to product questions, and recommendations (“Recommendations”) submitted or made by Morter HealthSystem, are not intended as a substitute for appropriate medical care or advice.  Furthermore, Morter HealthSystem does not imply any medical claims from Submissions, Replies to Submissions, or Recommendations.  Please consult with your licensed healthcare practitioner prior to adhering to any Recommendations.

If you have a health concern or any undiagnosed signs or symptoms, do not self-diagnose and do not rely on Morter HealthSystem or any Recommendations or Submissions.  Instead, please consult your licensed healthcare practitioner as soon as possible.

Pricing or Typographical Errors

We strive to provide accurate product and pricing information.  However, pricing and/or typographical errors may occur.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Morter HealthSystem shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item.  If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation.  Prices and availability are subject to change without notice.

Shipping Methods

Regardless of the shipping method you choose during checkout, we reserve the right to use a different carrier.  If and/or when we offer different shipping methods, it’s an attempt to lower your cost for shipping.  But we might determine it’s better to ship to you using a different method.

Pricing and Cancellation of Orders

Morter HealthSystem retains the right to cancel any order at any time.  If an order is canceled, the proper credit will be issued back to the customer usually within 48 business hours.  Morter HealthSystem retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent.  Pricing and availability on our website are subject to change at any time without notice.

No Warranty – Disclaimer

Morter HealthSystem is providing this site and its contents on an “as is” basis.  Morter HealthSystem and its officers, directors, employees, agents, licensors, suppliers, content providers, and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitations the products, information or services offered or sold on or through this site or any other site to which this site links (each a “linked site”) and the uninterrupted and error-free use of this site.  Morter HealthSystem is not responsible for any product (including those manufactured by other vendors) or service sold on or through this site or any claims of quality or performance made on or through any linked site.  Morter HealthSystem and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, and non-infringement.  Morter HealthSystem and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses, or similar destructive or contaminating code.  No oral or written statements by Morter HealthSystem or its affiliates will create any warranty not expressly set forth herein.  Your use of this site and any linked site is at your sole risk.

Limitation of Liability

Morter HealthSystem and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with, or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information (ii) as a reseller of any products or services, (iiI) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmission or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site.  This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental, or consequential damages (including without limitation damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages.  The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Morter HealthSystem and the user.  The products, information, and services offered on and through this site would not be provided without such limitations.  Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.  Notwithstanding the foregoing, the sole and entire maximum liability of Morter HealthSystem and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information, or service purchased by you from Morter HealthSystem on this site.

You agree to indemnify, defend and hold harmless Morter HealthSystem and its affiliates against all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys’ fees, resulting from or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

Site Usage/Termination of Usage

You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site.  You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Morter HealthSystem.

You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site.  You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law.  You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site.  You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.

You further agree that you will not access by any means except through the interface provided by Morter HealthSystem for access to the site.  You agree that you will not access this site from any territory where its contents are illegal and that you, and not Morter HealthSystem and its affiliates, are responsible for compliance with applicable local laws.

You agree that Morter HealthSystem may terminate or suspend your access to all or part of this site, without notice, for any conduct that Morter HealthSystem, in its sole discretion, believes is in violation of these Terms of use or any applicable law or is harmful to the interests of another user, Morter HealthSystem or its affiliates.

Usage by Minors

Morter HealthSystem requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to Morter HealthSystem to be 18 years of age or older.

Privacy Policy

Morter HealthSystem respects the privacy of its users in accordance with the terms of Morter HealthSystem’s Privacy Policy.

Order Returns

You may return any unopened product with accompanying receipt within 30 days of purchase and a 25% restocking fee will be assessed to your refund.  All Audio CDs and DVDs may be exchanged for the same product if it is not functioning.  Otherwise, audio-visual materials are not accepted for refund.  If you wish to return your product, you may do so by sending it to:

Morter HealthSystem
Attn: Returns
215 W Poplar St
Rogers, AR  72756

After 30 days, and/or after the product is opened, your right to return any product is void.

Return & the Cost of Shipping/Handling

Under no circumstances will we refund any shipping charges to you after your order has been shipped.  Any shipping fees charged to the customer will not be refunded after we have shipped your order.

The cost of shipping the product back is the customer’s responsibility.

Applicable Law; Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to the choice of law rules.  Each user agrees to submit to personal jurisdiction in the State of Arkansas and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Arkansas.

Severability – Interpretation

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.  When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

Entire Agreement – Amendments

This agreement constitutes the entire and only agreement between Morter HealthSystem and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this agreement.  You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you.  Morter HealthSystem may, in its sole discretion, amend this Terms of Use agreement from time to time.

Miscellaneous

The failure of Morter HealthSystem or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this agreement.  You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.  The “No Warranty; Disclaimer” and “Limitation of Liability” provisions of this agreement are for the benefit of Morter HealthSystem and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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