Terms of service

Terms of Service

Effective Date: May 13, 2026
Last Updated: May 13, 2026

These Terms of Service ("Terms," "Agreement") form a legally binding contract between you ("you," "your," or "Customer") and Provoke Marketing LLC, a New Mexico limited liability company doing business as NutriPlus ("NutriPlus," "we," "us," or "our"), governing your access to and use of nutriplus-store.com (the "Site") and your purchase of products from us (collectively, the "Services").

By accessing the Site, creating an account, placing an order, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy, each of which is incorporated by reference. If you do not agree, do not use the Services.

Eligibility

You must be at least 18 years of age and a legal resident of the United States to purchase products from the Site. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts, that all information you provide is accurate, current, and complete, that your use of the Services will not violate any applicable law or regulation, and that you are not located in any jurisdiction subject to U.S. embargo or designated as a "terrorist supporting" country. If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

Account Registration

You may browse the Site without creating an account, but certain features require registration. When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account at our discretion for any violation of these Terms. You may delete your account at any time by contacting contact@nutriplus-store.com.

Products and Descriptions

We make reasonable efforts to display product information — including colors, packaging, ingredients, dosages, and descriptions — as accurately as possible. However, product images are for illustrative purposes and may not exactly match the physical product. Ingredient sourcing, packaging design, and minor formulation details may change over time. We reserve the right to modify, update, or discontinue any product at any time, with or without notice. All products are sold subject to availability — we may limit order quantities at our discretion. We do not guarantee that any product description, photograph, or other content on the Site is accurate, complete, reliable, current, or error-free.

Health and Dietary Supplement Disclaimer

NutriPlus products are dietary supplements, not medications. These statements have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease.

By purchasing and using our products, you acknowledge and agree that our products are intended to support general wellness as part of a balanced lifestyle and are not substitutes for a varied diet, exercise, or medical care. You should consult a qualified healthcare professional before starting any dietary supplement, especially if you are pregnant, nursing, planning to become pregnant, under 18, taking prescription medications, undergoing medical treatment, or have any pre-existing medical condition. Individual results vary based on age, body composition, lifestyle, diet, genetics, and other factors. No specific outcome is guaranteed. Customer testimonials, reviews, and before-and-after experiences reflect the personal experiences of individual users and are not representative of typical results. You assume full responsibility for your use of our products, including reviewing the ingredient list for potential allergens or contraindications. If you experience any adverse reaction, discontinue use immediately and consult a healthcare professional.

Pricing and Payment

All prices on the Site are listed in U.S. Dollars (USD). Prices are subject to change without notice. Despite our best efforts, products on the Site may occasionally be mispriced. If we discover a pricing error in an order you have placed, we reserve the right to cancel the order and issue a full refund, even if the order has already been confirmed.

Applicable U.S. state and local sales taxes will be calculated and added to your order total at checkout, based on your shipping destination and current tax law.

We accept the following payment methods, processed by our PCI-DSS compliant payment partners: major credit and debit cards (Visa, Mastercard, American Express, Discover), PayPal, Apple Pay, Google Pay, Shop Pay, and other methods displayed at checkout. By submitting an order, you authorize NutriPlus to charge your chosen payment method for the full amount of your order, including taxes and shipping. We reserve the right to decline or cancel orders in cases of suspected fraud, payment failure, pricing errors, or stock shortage.

Order Acceptance and Fulfillment

Your placement of an order does not constitute our acceptance. We reserve the right to accept or decline any order at our discretion. An order is deemed accepted only when we send you a shipping confirmation email.

Orders are typically processed within 1 to 2 business days. Estimated delivery times are 5 to 14 business days within the continental United States, depending on your location and chosen shipping method. Delivery times are estimates only and not guaranteed. We are not liable for delays caused by shipping carriers, customs, or postal services, by weather, natural disasters, or force majeure events, by inaccurate shipping addresses provided by you, or by refused delivery or failed delivery attempts.

Returns and Refunds

All returns, refunds, and cancellations are governed by our Refund Policy, which is incorporated into these Terms by reference.

Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, product names ("NutriPlus," "SuperCalm"), trademarks, service marks, and trade dress — is the exclusive property of Provoke Marketing LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content, modify, adapt, translate, reverse-engineer, decompile, or disassemble any part of the Site, use any data mining, robots, scrapers, or similar data-gathering tools, frame, mirror, or otherwise incorporate any part of the Site into another website, or use our trademarks or branding without our prior written consent.

User Content

If you submit reviews, testimonials, photos, comments, ideas, suggestions, or other content ("User Content") to the Site or our social media channels, you grant NutriPlus a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, publicly display, and create derivative works from such User Content for marketing, advertising, and any other lawful business purpose, without compensation to you.

You represent and warrant that your User Content is original to you, or you have the right to grant the above license, does not infringe any third party's intellectual property, privacy, or other rights, is not unlawful, defamatory, obscene, threatening, harassing, hateful, or otherwise objectionable, and does not contain malicious code, viruses, or harmful components. We reserve the right to remove or moderate any User Content at our sole discretion.

Prohibited Conduct

You agree not to use the Site or Services to violate any applicable federal, state, or local law or regulation, to infringe on the intellectual property or other rights of NutriPlus or any third party, to engage in fraudulent activity, identity theft, or unauthorized use of payment methods, to resell our products commercially without our prior written authorization, to interfere with or disrupt the Site's operation, security, or other users' enjoyment, to upload viruses, malware, or other malicious code, to attempt to gain unauthorized access to our systems, accounts, or data, to harass, threaten, defame, or harm any other person, to impersonate any person or entity or misrepresent your affiliation, or to use the Services in any manner that could damage, disable, or impair the Site.

Violation of these prohibitions may result in immediate account termination, order cancellation, and legal action.

Promotional Codes and Discounts

Promotional codes, coupons, and discounts are valid only for a limited time as specified, may not be combined with other offers unless explicitly stated, have no cash value and are non-transferable, may be modified or revoked at our discretion at any time, and are void where prohibited by law.

Disclaimers and Warranties

THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS REQUIRED BY APPLICABLE LAW.

NUTRIPLUS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE, THAT THE RESULTS OBTAINED FROM USING THE SITE OR PRODUCTS WILL MEET YOUR EXPECTATIONS, OR THAT THE INFORMATION ON THE SITE IS COMPLETE, ACCURATE, OR CURRENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVOKE MARKETING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE PRODUCTS (EXCEPT AS REQUIRED BY LAW).

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO NUTRIPLUS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Provoke Marketing LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to your use or misuse of the Services, your violation of these Terms, your violation of any third party's rights including intellectual property or privacy rights, any User Content you submit, or any misrepresentation made by you.

Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before initiating any formal proceeding, you agree to first contact us at contact@nutriplus-store.com and attempt to resolve the dispute informally for a period of at least 30 days.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in El Paso County, Colorado, in the English language.

YOU AND NUTRIPLUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

You may opt out of this arbitration agreement by sending written notice to contact@nutriplus-store.com within 30 days of first accepting these Terms, stating clearly your intent to opt out.

Termination

We may suspend or terminate your access to the Services at any time, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

Changes to These Terms

We reserve the right to modify these Terms at any time. The updated version will be posted on this page with a revised "Last Updated" date. Material changes will be communicated by email or a prominent Site notice. Continued use of the Services after changes constitutes acceptance of the new Terms.

Force Majeure

NutriPlus shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet outages, or failures of third-party service providers.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and NutriPlus regarding the Services and supersede all prior or contemporaneous communications.

Contact Information

For questions about these Terms or any other concerns, contact Provoke Marketing LLC (d/b/a NutriPlus), 6547 N Academy Blvd, Colorado Springs, CO 80918, United States. Email: contact@nutriplus-store.com. Phone: +1 (575) 214-3609. Customer service hours: Monday through Friday, 9:00 AM to 6:00 PM (EST).