Terms of Service

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.skoshify.com website (the “Service”) operated by NRML Health, LLC d.b.a Sköshify (“NRML Health, LLC”, “us”, “we”, or “our”). 

Additional Definitions:

“Agreement” means these Terms and Conditions;

“Site” refers to our website, www.skoshify.com;

“User” refers to anyone who accesses our Site or uses our Service, regardless of whether such access involves any remuneration to any party;

“You” refers to you, the person who is entering into this with NRML Health, LLC d.b.a Sköshify

“Party,” and “parties” refer to You and NRML HEALTH, LLC  , on an individual basis (in the case of “party”) and together (in the case of “parties”), except as used in “third party” or “third parties” which instead refers to a person or entity that is neither You nor NRML Health, LLC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then please do not use our Service. 

Eligibility

In order to use our Service, you must meet a number of conditions including, but not limited to, the following:

You may not use or engage with the Site if you are under eighteen (18) years of age. By using or engaging with the Site, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with the Site, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Site.

By using our Services, you agree to the collection, use, disclosure, and procedures of our Privacy Policy - found at www.skoshify.com/privacy-policy

Nature of Service

The articles, product descriptions and other content on our Site are not written by medical professionals and should be read for informational purposes only.

ALL INFORMATION PROVIDED BY NRML HEALTH, LLC IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY HEALTH CONDITIONS. NO INFORMATION PROVIDED SHOULD BE USED AS A SUBSTITUTE FOR MEDICAL ADVICE.

THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT EVALUATED ANY STATEMENTS, PRODUCTS, HEALTH TOPICS, SUGGESTED PRODUCT COMPOSITIONS, OR LAB TESTS ON THIS SITE.

You should consult with a licensed medical doctor prior to engaging in any supplements or other nutritional items recommended, or otherwise mentioned, to ensure that such practices are safe for you.

Federal Trade Commission Act Disclosure:

You are hereby notified that NRML Health, LLC  may, but does not necessarily, receive direct or indirect compensation for endorsements, advertisements, or other promotions of third party products and services.

Rules of Use

When using our Service, there are certain rules of use which apply to your activities. You must not:

Violate the laws of the United States, its states, or any political entity having jurisdiction over this Agreement.

Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of NRML Health, LLC or its delegates.

Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

Under no circumstances are you permitted to engage in any activity that may undermine the security or integrity of the Site, Service, or its Users' computers. This includes, but is not limited to, actions such as hacking, cracking, phishing, SQL injection, cross-site scripting (XSS), and other commonly recognized website security threats. Furthermore, you are strictly prohibited from attempting to gain unauthorized access to any part of the Site, or introducing viruses or other malicious code that may compromise the security or integrity of the Site or its Users.

We take the security of our Site and its Users seriously, and any violation of these terms may result in account suspension or termination, as well as potential legal action if the violation results in harm to the Site or its Users, in NRML Health, LLC’s sole discretion

Purchasing:

By purchasing products on this Website, you represent and warrant that any products purchased are for your or your business’s own use, and not for purposes of resale.  You are prohibited from reselling any products purchased through this Website without our separate written consent.

All orders are subject to acceptance by us.  We reserve the right to reject or cancel any order to purchase products through this Website and/or our integrated partner sites and services, in whole or in part, for any reason or no reason, at our sole discretion.  We reserve the right to request and/or verify additional information before accepting or shipping any order.   

We reserve the right to limit the quantities of items that may be purchased on this Website, and at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Returns

Returns are not accepted. All products are final sale. Items are non-returnable due to potential safety risk associated with this dietary supplement product type.

Satisfaction Guarantee

NRML Health, LLC offers a satisfaction guarantee for products purchased from skoshify.com or other authorized sellers in the United States.  Please contact us at customercare@skoshify.com to learn more.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of NRML Health, LLC and its licensors.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by NRML Health, LLC.

NRML Health, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NRML Health, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties:

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOU ARE USING THIS SITE AND THESE SERVICES AT YOUR SOLE DISCRETION AND RISK, AND YOU RELEASE FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. THE SERVICES OFFERED THROUGH THIS SITE, AS WELL AS THE SITE ITSELF, ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NRML HEALTH, LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS. IF PAYMENT ISSUES OCCUR, PLEASE CONTACT THE RELEVANT THIRD PARTY OR PARTIES DIRECTLY.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY UNTIMELY DELIVERY OR FAILURES OR DISRUPTIONS, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE USE OF OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AGREEMENT, INCLUDING THIS DISCLAIMER OF WARRANTIES SECTION. NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

NRML HEALTH, LLC DOES NOT WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. 

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, IN THOSE JURISDICTIONS WHERE WE ARE NOT ALLOWED TO DISCLAIM THE BELOW ((A), (B) AND/OR (C)), WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NRML HEALTH, LLC’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY 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: YOU HEREBY WAIVE ANY PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE BELOW RELEASE FOR CALIFORNIA RESIDENTS.

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.

Indemnity

You agree to defend, indemnify and hold NRML Health, LLC d.b.a. Sköshify, its subsidiaries, officers, employees, and contractors harmless from any claims, actions, or demands by you or any third party, and for any damages and expenses, including but not limited to reasonable attorneys’ fees and costs, related to, or arising from, your use of our Site and/or Services and any violation of this Agreement. You further agree to participate, in good faith, in any legal proceedings related to, or arising from, your use of this Site and/or Services. Finally, you agree to bring any infringements or unauthorized uses of our Site and/or Services that you are, or become, aware of to our attention by sending an email to customercare@skoshify.com within five (5) days of becoming aware of such uses or infringements.

Dispute Resolution and Class Action Waiver

Any dispute, claim or controversy arising out of or relating to this Agreement, expressly including, but not limited to, your use of our Services, or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of Colorado before one arbitrator.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND LEGION ATHLETICS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

To initiate arbitration, you or NRML Health, LLC must send a letter requesting arbitration to the other party. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures, which can be found here: https://www.jamsadr.com/rules-streamlined-arbitration/. You may request to have the arbitration conducted virtually or at another mutually agreed location. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Additionally, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.

In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.

The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules, which can be found here: https://www.jamsadr.com/rules-comprehensive-arbitration/.

The parties shall maintain the confidential nature of the arbitration proceeding and any Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

If any term or provision of this Section 21 is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 21. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This Section 21 arbitration provision shall survive any cancellation or termination of your use of, or participation in, any of our Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Non-Waiver

NRML Health, LLC reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Entire Agreement

This Agreement sets forth the entire agreement between the parties with respect to the subject matter of this Agreement and fully supersedes all prior negotiations, representations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement.

Contact Us

If you have any questions about these Terms, please contact us at: customercare@skoshify.com or at NRML Health, LLC 7045 Quiet Retreat Court, Niwot, CO 80503