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Terms of service

Terms of Service

symphonynaturalhealthpro.com

Date Effective: October, 2019

 

Date Effective: October, 2019

 

General

This website (the "Site") is owned and operated by Natural Health International (Sales & Distribution) Inc. (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, and our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

 

Site Content – Restriction on Usage

Information contained in our practitioner only “Healthcare Professional Resources” includes webinars, articles, and technical literature prepared by healthcare professionals. The webinars, articles, and literature have not been altered from their original version to include information that promotes a particular dietary supplement product or a particular manufacturer or brand of dietary supplement, including Symphony Natural Health’s (SNH) professional product line.

This information is being made available for the exclusive purpose of assisting healthcare professionals to expand their knowledge of complementary and alternative medicine, including suggested uses of dietary supplements. Only licensed healthcare professionals should access the materials in Healthcare Professional Resources. This material may not be shared or disseminated with non-pradtitioners.

These webinars, articles, and literature might contain health claims about dietary supplement products and/or their ingredients; however, the following materials should not be reviewed for the purpose of obtaining information about any particular dietary supplement product or particular manufacturer or brand of dietary supplement, including Symphony Natural Health’s (SNH) professional product line and cannot be used in conjunction with the offer, sale or recommendation of our products.

 

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to COMPANY from their creation.  Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. 

 

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

 

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

 

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

 

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

 

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

 

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

 

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

 

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

 

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy.

 

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be customer.service@symphonynaturalhealth.com

 

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

 

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah and any dispute shall be subject to binding arbitration in West Valley City, UT. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

 

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

General

This website (the "Site") is owned and operated by Natural Health International (Sales & Distribution) Inc. (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, and our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

 

Site Content – Restriction on Usage

Information contained in our practitioner only “Healthcare Professional Resources” includes webinars, articles, and technical literature prepared by healthcare professionals. The webinars, articles, and literature have not been altered from their original version to include information that promotes a particular dietary supplement product or a particular manufacturer or brand of dietary supplement, including Symphony Natural Health’s (SNH) professional product line.

This information is being made available for the exclusive purpose of assisting healthcare professionals to expand their knowledge of complementary and alternative medicine, including suggested uses of dietary supplements. Only licensed healthcare professionals should access the materials in Healthcare Professional Resources. This material may not be shared or disseminated with non-pradtitioners.

These webinars, articles, and literature might contain health claims about dietary supplement products and/or their ingredients; however, the following materials should not be reviewed for the purpose of obtaining information about any particular dietary supplement product or particular manufacturer or brand of dietary supplement, including Symphony Natural Health’s (SNH) professional product line and cannot be used in conjunction with the offer, sale or recommendation of our products.

 

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to COMPANY from their creation.  Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. 

 

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

 

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

 

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

 

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

 

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

 

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

 

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

 

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

 

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy.

 

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be customer.service@symphonynaturalhealth.com

 

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

 

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah and any dispute shall be subject to binding arbitration in West Valley City, UT. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

 

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

Date Effective: October, 2019

 

General

This website (the "Site") is owned and operated by Natural Health International (Sales & Distribution) Inc. (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, and our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

 

Site Content – Restriction on Usage

Information contained in our practitioner only “Healthcare Professional Resources” includes webinars, articles, and technical literature prepared by healthcare professionals. The webinars, articles, and literature have not been altered from their original version to include information that promotes a particular dietary supplement product or a particular manufacturer or brand of dietary supplement, including Symphony Natural Health’s (SNH) professional product line.

This information is being made available for the exclusive purpose of assisting healthcare professionals to expand their knowledge of complementary and alternative medicine, including suggested uses of dietary supplements. Only licensed healthcare professionals should access the materials in Healthcare Professional Resources. This material may not be shared or disseminated with non-pradtitioners.

These webinars, articles, and literature might contain health claims about dietary supplement products and/or their ingredients; however, the following materials should not be reviewed for the purpose of obtaining information about any particular dietary supplement product or particular manufacturer or brand of dietary supplement, including Symphony Natural Health’s (SNH) professional product line and cannot be used in conjunction with the offer, sale or recommendation of our products.

 

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to COMPANY from their creation.  Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. 

 

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

 

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

 

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

 

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

 

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

 

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

 

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

 

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

 

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy.

 

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be customer.service@symphonynaturalhealth.com

 

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

 

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah and any dispute shall be subject to binding arbitration in West Valley City, UT. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

 

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

 

Written Testimonies

I hereby irrevocably and perpetually grant to Symphony Natural Health (“SNH”) also known as Natural Health International (“NHI”) its subsidiaries, affiliates, successors and assigns: The right to use my written testimony, in whole or in part, in any of NHI’s websites, books, program materials, marketing materials and programs; the right to use my written testimonial in any fashion NHI uses, in its discretion. I further understand that due to FDA and FTC regulations, all testimonials need to be reviewed for compliance. I understand that in some cases, my testimony may require revision to be FDA and FTC compliant, and I hereby give permission to SNH and NHI to make such revisions on my behalf, with the discretion to keep the integrity and intent of my testimony intact. While SNH and NHI will take appropriate measures to protect my confidentiality, in some cases (e.g. social media channels) my name may be disclosed with my testimony. I hereby give SNH and NHI the right to publish, exhibit and distribute the use of my name and testimonial, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, radio, television and promotional materials, events and/or marketing plans. I understand NHI is relying on this authorization and Release by email or in writing and that my authorization and this Release is irrevocable and may not be withdrawn. I waive any right to inspect any materials of any time prior to release, use or publication, and, on behalf of my heirs, executors and assigns, I waive any claims that I may have against NHI, its representatives, its publisher, and their licensees, successors and assigns, based upon such use, including without limitation any claims with respect to rights of privacy and publicity and copyright I hereby acknowledge that I have not been paid or otherwise compensated, and I further certify that all material, whether verbal, written or exhibited by me has not been scripted and represents my individual opinions and beliefs, and is true and correct to the best of my knowledge. 

 

 

MAP Policy

Maximum Advertised Price Policy

Effective August 2019

 As a condition of being an authorized dealer or distributor of Symphony Natural Health (“SNH”) products, whether brick and mortar, catalog or internet retailer (a “reseller”), the reseller shall comply with all of the following terms and conditions. Failure to do so will result in termination of status as a reseller of SNH products.

MAP Policy Terms and Conditions:

• MAP Policy. The reseller shall comply with the Maximum Advertised Price (“MAP”) policy that SNH maintains for its products. The MAP policy is applicable to all SNH resellers in the United States, Canada, Mexico, Central or South America.

• Advertised Price. The MAP policy applies to all advertisements for any SNH products in any and all media, including, but not limited to newspapers, magazines, catalogues, flyers, coupons, posters, mailers, inserts, email, internet and like electronic media, radio, television, billboards and all public displays. The MAP policy applies to the price at which SNH products are ADVERTISED for sale to individual consumers.

• MSRP. The MAP policy establishes a maximum and minimum advertised price equal to the Manufacturer’s Suggested Retail Price (“MSRP”). The MSRP is set by SNH as indicated by current published pricing supplied by SNH. The advertised price for any SNH product (whether or not the advertised price includes a discount) must be equal to the MSRP, unless pre-approved in writing by a National Sales Manager at SNH. SNH retains the right to modify the MSRP at any time and will notify all resellers of such price modifications. All resellers must implement such modifications within thirty (30) days from the date of receipt of such notice.

• Sales Price. The MAP policy does not apply to or limit actual sales price. Actual sales price for SNH product is within the reseller’s discretion.

• Affiliated resellers. Multiple reseller accounts under different business names or d/b/a’s, but under the control of a common parent corporation or other common owner(s), will be subject to the MAP policy. The reseller shall identify to SNH, in writing, all such affiliated resellers.

• Violation & Termination. A violation of the MAP policy is grounds for SNH to immediately terminate the reseller’s relationship with SNH and authorization to resell SNH products. Upon termination of a reseller’s relationship with SNH and authorization to resell SNH products, SNH shall repurchase, at the reseller’s cost, all SNH products that remain in merchantable condition (as determined by SNH in its reasonable discretion) less 20% restocking fee. The cost of return shipping for such product shall be borne by the reseller.

• General Terms & Conditions. General Terms & Conditions applicable to all resellers are set forth below.

 

General Terms & Conditions

• Marketing & Resale Limitations: The reseller shall not market or sell SNH products (i) via the internet, whether via the reseller’s website or a third party website, (ii) outside of the United States or Canada; or (iii) to any repurchaser or consumer located outside of the United States or Canada, in each case without the advance written consent of SNH, which consent SNH may withhold in its sole discretion.

• Acceptance: The reseller shall inspect all product delivered within two (2) days of delivery. If, in the course of such inspection, any of the product is found to be defective, the reseller may, within three (3) days of delivery, reject same by notifying SNH in writing thereof and returning such defective product to SNH. The cost of such return shall be borne by SNH, but in no event shall SNH be responsible for any amounts in excess of such cost. Upon receipt of such returned defective product, SNH shall, at its option, replace such returned defective product with product that is not defective or refund (or credit) the purchase price paid by the reseller therefor. If the reseller has not timely given notice of rejection and returned product as aforesaid (hereafter collectively, “notice of rejection”), the product shall be deemed accepted.

• Payment: The reseller shall pay all amounts due upon receipt of the applicable SNH invoice, except with respect to product for which notice of rejection is timely given pursuant to the Acceptance clause above. Payment shall be deemed made on the date SNH receives same. Commencing thirty (30) days after date of invoice, interest shall accrue at the rate of ten percent (10%) per annum on the unpaid balance, except with respect to amounts invoiced on account of product for which notice of rejection is timely given pursuant to the Acceptance clause above.

• Warranty & Liability: SNH warrants that the product shall be merchantable. SNH makes no other warranty, express or implied, including but not limited to any warranty of fitness for particular purpose or any similar or other warranty. In no event shall SNH be liable to the reseller for any special, indirect, incidental or consequential damages. In the event of a breach of warranty by SNH, SNH’s liability shall be limited to the purchase price paid by the reseller for the product that gave rise to such breach.

• Compliance with Laws: The reseller agrees to comply fully with all applicable federal, state, or local laws, rules, or regulations, including but not limited to laws and regulations concerning the retail sale of the product.

• Shipping and Risk of Loss: SNH shall cause the product to be shipped to the reseller. The reseller shall be liable for the cost of shipment. Title to the product and risk of loss thereof shall pass to the reseller upon SNH’s delivery of same to a common carrier for transportation to the reseller.

• Governing Law; Disputes: The foregoing terms and conditions, and any invoice(s) relating to the sale of SNH products to the reseller, shall be interpreted in accordance with the laws of the State of California. All claims and disputes between SNH and the reseller relating to the purchase or sale of SNH products, or otherwise, shall be settled by final and binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be in San Francisco, CA, before a single neutral arbitrator selected by the Association and approved by the parties (provided, no party may disapprove more than two proposed arbitrators). SNH shall be entitled to recover its attorney fees and costs incurred in enforcing the foregoing terms and conditions and any related invoice. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be confidential, final, conclusive and binding on the parties to the arbitration. Judgment may be entered in any court having jurisdiction. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.

• Amendment: SNH reserves the right to amend the foregoing terms and conditions upon 15 days written notice to the reseller at any time.

• Entire Agreement: The foregoing terms and conditions, and any invoice(s) relating to the sale of SNH products to the reseller, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior representations or agreements, oral or otherwise, with respect thereto.

 

Melatonin

Melatonin has long been known to aid in sleep; however, a myriad of other benefits has been discovered in the last decade of research. During this time, the therapeutic and physiological dose of melatonin for various uses has been explored, as has the form used in supplements. Melatonin, as a dietary supplement, comes in a variety of dosages from as low as 0.3mg to as high as 20mg. Historically, it was extracted from the pineal glands of animals, most often from cow or pig sources. Presently however, it is almost exclusively synthetically produced. Plants naturally contain melatonin but at extremely low levels, (nanograms per milligram) making it very difficult to extract a sufficient amount of melatonin for therapeutic doses. However, more recently there has been one plant-based melatonin product developed which is now commercially available with levels of 1mg of melatonin per 100mg of herbal biomass. Melatonin comes in immediate-release form or sustained-release, also referred to as slow-, controlled-, or time-release. Sustained-release appears to have less hypnotic or drowsiness effects than the immediate release and the benefits appear to be equal to or greater than the immediate-release form relative to primary insomnia; sleeplessness not attributed to a medical condition or medication.

Melatonin is a naturally occurring hormone produced in the human body by the pineal gland and secreted into the bloodstream. On average, the pineal gland produces between 0.1mg and 0.8mg of melatonin per day. Children typically produce double the amount of melatonin (0.5mg - 0.8mg) compared to adults. Production gradually declines as people age, starting in the late twenties through to the fifties, with production leveling out at approximately 0.3mg. However, production can drop even further due to diet and other lifestyle factors.1 People of all ages dealing with jet lag, shift work, or challenges to their circadian rhythm due to environment or seasonal changes may also be affected by low melatonin levels. Melatonin is produced in response to darkness, as perceived by the retina of the eye. It is reduced by exposure to light and artificial light may also contribute to the reduction of a person’s melatonin production and increased risk of disease. A number of conditions and medications have been shown to depress melatonin levels in the blood: Prostate cancer, breast cancer, autism, epilepsy, antidepressants, non-steroidal anti-inflammatory drugs (NSAIDS), beta-blockers, and calcium channel blockers for high blood pressure, caffeine, tobacco, and alcohol use have all been associated with low melatonin levels.

Benefits of Melatonin

Sleep

Melatonin and sleep studies have looked at how shift work, particularly night work, may increase the risk of cancer and may aggravate gastrointestinal and cardiovascular disease, complicate pregnancy, and interfere with drug therapy.2 Multiple studies, opinions, and guidelines have suggested melatonin as a primary therapeutic for improved health and sleep of shift workers.3,4,5 A meta-analysis of melatonin for the treatment of primary sleep disorders looked at 19 studies involving 1683 individuals. Melatonin had a statistically significant effect on reducing sleep latency and increasing total sleep time. Trials that used higher doses of melatonin and conducted over a longer duration demonstrated even greater effects on these two sleep issues, and overall sleep quality was also significantly improved in melatonin users.

A 2017 systematic review found 5,030 studies on melatonin and sleep, but only 12 were included as they were randomized, controlled and single or double-blind.

The summary concluded that melatonin is indicated for:

  • Insomnia
    • Immediate release 1-3mg, <30 mins before bed
    • Slow release can be used for sleep maintenance problems
  • Regulating sleep in blind individuals
    • Replicated normal endogenous pattern6
  • Delayed Sleep Phase

A delayed sleep phase is a persistent shift in sleep-wake times later than social norms, causing insomnia-like symptoms, difficulty waking in the morning, and excessive daytime sleepiness. This is best treated with melatonin at select times and a select amount of time prior to the desired bedtime and wake time. There are specific phase advancing protocols to support the sleep phase if current sleep times are less than three hours later than target time, and a different protocol if the need is to advance the phase when it is less than three hours. These protocols are best known by sleep specialists.7

Brain Health

Melatonin is an antioxidant, combating free radicals, which can cause oxidative damage to our cells. Melatonin can also cross the blood-brain barrier, making it one of the most potent antioxidants in the brain.8 Most substances, including antioxidants that we consume, do not cross this barrier. Yet, the wisdom of nature has provided us the ability to manufacture this defense mechanism and may in part explain its benefit in cognitive diseases.

In a small pilot study of elderly patients with mild cognitive deficit, the ability to remember previously learned items improved, along with a reduction in depression, with the use of melatonin.9 A larger longer-term study found patients with mild cognitive impairment scored better on the Mini Mental Status Exam and the Sleep Disorders Index when given melatonin.10 Oxidative stress is a leading cause in age-related brain dysfunction by impairing neurogenesis and researchers are diving into potential influences on monoamine synthesis which is a common target for diseases such as schizophrenia and Parkinsons.11,12 Additionally, research into melatonin and its anti-beta-amyloid aggregation effects are being studied. Beta-amyloid plaque is found in the brains of patients with Alzheimer’s disease and these mechanisms along with the symptomatic relief of cognitive impairment found in other studies make melatonin a possible solution.13

Neurodegenerative conditions share mitochondrial dysfunction in their pathogenesis. Mitochondria, being the cellular source of energy, are also the target of oxidative damage. The sensitive nature of mitochondrial membranes, which can be damaged by a plethora of factors, may find protection with oral administration of melatonin. Melatonin is selectively taken up by mitochondrial membranes, a function not shared by other antioxidants.14,15

Cardiovascular Health

Improvements in LDL cholesterol and blood pressure have been shown in as few as two months of melatonin use in patients with documented metabolic syndrome who had not responded to a three-month intervention of therapeutic lifestyle modifications.16 Further, it has been shown to decrease nocturnal hypertension, improve systolic and diastolic blood pressure, reduce the pulsatility index in the internal carotid artery, decrease platelet aggregation, and reduce serum catecholamine levels.17,18,19

More recent studies have shown melatonin improving outcomes in patients with heart failure and it is being considered as a preventive and adjunctive curative measure in these patients.20

Pregnancy and Fertility

A review of the available literature by obstetric researchers found that because pregnancy has increased oxygen demands on the body and thus more free radical damage, melatonin may be a critical consideration for both complicated and normal pregnancies, counter to the traditional stance of avoiding it during pregnancy. In fact, the use of melatonin during pregnancy, which has been found safe in both mother and fetus according to some research, could prove to help limit complications during the critical periods prior to and shortly after delivery.21

A recent study suggested that preeclampsia has a seasonal variation since it was observed that reduced melatonin levels were associated with the development of preeclampsia. Therefore, it has been suggested that melatonin may be helpful in having a successful pregnancy.22 Pregnancy is a critical time for fetal programming of hypertension. Melatonin, as an antioxidant therapy, can prevent
hypertension in offspring of patients with a family history of hypertension.23

It is hypothesized that oxidative stress has an adverse effect on fertility. Since melatonin is a strong scavenger of oxidative factors it could improve fertility.24,25 A review of the literature also suggests that melatonin improves sperm quality and oocyte quality, resulting in increased fertilization. Melatonin shows promise for advanced age infertility and improving IVF outcomes.26

Endometriosis

The antioxidant effects of melatonin also appear to alleviate the chronic pelvic pain of endometriosis. In this condition, endometrial tissue implants at various sites inside the body and causes inflammation. The pelvic pain experienced with endometriosis can be severe and surgical removal of the abnormally placed tissue can lead to problems of its own, such as adhesions that affect digestion and fertility. In a randomized double-blind placebo-controlled trial, Schwertner, et. al. found that melatonin at a higher dose of 10 mg nightly reduced endometriosis pain by about 40% and reduced the use of pain-relieving medications by 80% over 2 months.27 This nutrient alone is not enough to manage endometriosis, but when it comes to pain relief it’s a safer starting point than pharmaceutical analgesics which may have significant side effects.28

Digestive Health

Broad therapeutic benefits also exist for melatonin’s role in oral care and digestive function, periodontal inflammation, post-dental surgery, and as antioxidant protection against dental materials.29,30 Studies have investigated its use in Helicobacter pylori infections, gastric and duodenal ulcers,31 gastroesophageal reflux disease (GERD), and irritable bowel syndrome.32 Melatonin and its precursor tryptophan have protective effects on mucosal tissue. Of interest is a study in which H. pylori-infected individuals were given melatonin, placebo, or tryptophan with omeprazole. Each of the three groups had seven subjects with gastric ulcers and seven with duodenal ulcers. At the 21-day mark, those treated with either tryptophan (250mg twice daily) or melatonin (5mg twice daily) had no ulcers, whereas the placebo group had three gastric ulcers and three duodenal ulcers. Also of note, is that in one study on GERD, melatonin given at 3mg daily over 8 weeks showed similar improvement in symptoms as omeprazole.33

A recent study indicated that gut bacteria have their own circadian clock and respond to melatonin, allowing the bacteria to synchronize with the human circadian rhythm.34 Additionally, there is research showing that our gastrointestinal tract produces its own melatonin, which in turn supports normal gut motility, mucosal integrity via its antioxidant activity, and support of the microbiome.

Oxidative Stress, and Inflammation

In a study of oxidative stress markers in those who ran a 50 km (31 mile) course, those who took melatonin had reduced levels of stress markers, underscoring not only the mechanism of antioxidant protection, but also a practical use in athletes who are exposed to oxidative stress and inflammation that may increase their risk for vascular incidents.35 Because melatonin has been shown to inhibit NF-KB, an important cellular signaling agent which is induced by reactive oxygen species, chemical stressors, and radiation, we will likely see additional trials looking at anti-inflammatory conditions which may be helped by this mechanism.36

Migraines and Headaches

Migraines are chronic and debilitating, affecting 12-20% of the world’s population, more commonly women. Women account for about 75% of the 28 million Americans who experience migraine headaches. A randomized, multi-center, parallel-group design was conducted in which melatonin was compared with amitriptyline and placebo for 12 weeks. A 3mg dose of melatonin reduced migraine frequency demonstrating the same effectiveness as amitriptyline in the primary endpoint of frequency of migraine headaches per month. Melatonin was superior to amitriptyline in the percentage of patients with a greater than 50% reduction in migraine frequency and melatonin was better tolerated than amitriptyline.37 It has also been reported as an effective treatment for primary headache disorders.38

Tinnitus

Melatonin has been used for the treatment of chronic tinnitus in adults. A significantly greater decrease in tinnitus scores on an audiometric test and self-rated tinnitus was observed after treatment with melatonin compared to placebo in one study.39 Hormonal influences such as puberty, the menstrual cycle, pregnancy, hormonal birth control, hormone replacement therapy, and menopause are possible explanations why women may experience tinnitus. Other changes that could influence and worsen tinnitus during these times could be lack of sleep, fatigue, and stress. Whatever the cause, the use of melatonin 3mg in the evening is a reasonable and safe supplement to consider in tinnitus.

Autism and ADHD

The profound effects of melatonin may be far-reaching. Research groups have evaluated the genes that encode for melatonin metabolism in patients with attention deficit hyperactivity disorder compared to controls. Genetic results suggest melatonin-signaling deficiency in ADHD.40

Sleep disturbances in autism have led researchers to investigate melatonin’s role in this spectrum of disorders as well. Considered to have a genetic component, it was found that autistic patients have low melatonin levels, caused by a primary deficit in ASMT gene activity.41 A review article found that patients with autism had improved sleep parameters, better daytime behavior, and minimal side effects with melatonin use.42

Immune Function

Melatonin has effects on the immune system, including some anti-carcinogenic properties. In 1991, Dr. Paolo Lissoni conducted a study on patients with metastatic solid tumors and demonstrated that high doses of melatonin were effective in arresting tumor growth and improving quality of life markers.43 His group, considered pioneers in this field, have provided several reports on this dose throughout the 1990’s with subsequent studies confirming his findings.

A study reported that melatonin is linked to the seasonal relapse rate in MS patients. The same research team also found that melatonin reduced immune-cell production of inflammatory immune messengers and increases anti-inflammatory messengers.44

Eye Health

Glaucoma may be the next therapeutic target for melatonin. Ophthalmic researchers are developing an understanding of how the potent antioxidant potential of melatonin may reduce intraocular pressure and the recognized comorbidities of depression, anxiety, and sleep disturbances.45 Age-related macular degeneration is another serious ophthalmic condition that could benefit from melatonin administration.46 

Jet Lag

As our world gets smaller, more individuals need to recover from jet lag sooner and faster. There are a number of studies supporting melatonin’s uses in reducing the ill effects of jet lag and speeding up the normalization of circadian rhythms.47

In a Cochrane review, 9 out of 10 trials found melatonin was effective in reducing jet lag symptoms in travelers, especially if travelling eastward or over greater than 5 time zones. See dosing recommendations in next section.48

Bone Health

Melatonin may also hold promise as a modulator of anabolic bone formation and metabolism, especially if used in combination with other bone nutrients such as Vitamins D and K. According to the MOTS trial, melatonin may be able to reverse bone loss.49 Melatonin is a hormone and nutritional supplement that has demonstrated efficacy to renormalize bone marker turnover in peri-menopausal women50 increase bone density in post-menopausal women with osteopenia.51

Dosing

Over the last decade we have learned that using the lowest effective dose of any hormone is the most appropriate course, and that larger doses do not always infer more benefits. Too much melatonin has been documented to produce side effects such as amnesia or a “melatonin hangover” the next day, finding it harder to fall asleep, or sleeping well for 3-4 hours and then waking up and not being able to go back to sleep. Some doctors also believe that high doses over the long-term can negatively impact the body’s own production of melatonin, with patients often becoming dependent over time. Doctors are also aware of patients reporting vivid dreams or even nightmares. Since the body produces between 0.1mg and 0.8mg of melatonin daily, doses in this range are known as physiologic doses. Amounts above this range are known as pharmacologic doses.

Much has been written about melatonin’s therapeutic value, but the doses used in studies appear to be chosen haphazardly or based on previous studies that did not have an explicit purpose for choosing the amount. Therefore, some dogma about dosing melatonin has developed in both the scientific research community and in clinical medicine. Researchers from the Massachusetts Institute of Technology in 2001 compared physiologic doses to pharmacologic doses and very low (below physiologic) doses and found the best objective data at 0.3mg of melatonin. Sleep data was obtained by polysomnography. The physiologic dose (0.3mg) restored sleep efficiency and elevated plasma melatonin levels to normal. The pharmacologic dose (3.0mg), like the lowest dose (0.1 mg), also improved sleep; however, it induced hypothermia and caused plasma melatonin to remain elevated into the daylight hours. Interestingly, the control group (not insomniacs) also had low melatonin levels but melatonin did not improve sleep. The low dose in the study did not raise melatonin levels into the normal range. It is fascinating that we need to lower our body temperature to sleep well but doing so excessively can disrupt sleep. Melatonin’s action of lowering body temperature is important to monitor and may give significant clues to the appropriate dosage. Symptoms like needing more blankets, or excessive movement, may suggest too much melatonin at night.

This same group evaluated the 0.3mg dose in children who suffer from Angelman’s Syndrome, a rare genetic condition in which sleep maintenance is difficult, among other developmental issues. Parents were asked to log sleep habits and 0.3mg was administered 30-60 minutes before bedtime. Subjects wore an actigraph which measured movements per minute during the night. Serum levels of melatonin were measured hourly over two different 21-hour periods. The 0.3mg dose effectively elevated blood levels, decreased nocturnal motor function, and increased sleep onset. This before and after trial studied 13 children and compared their information to a 5-day baseline. Administration of melatonin lasted seven days. What is profoundly interesting is that many of these children were taking GABAergic medications, which are known to deplete melatonin, and AS children are thought to produce less melatonin than developmentally normal children, likely due to poorly formed pineal glands. That being said, these subjects likely have the most need for melatonin from an insufficiency perspective yet only 0.3mg was sufficient to see clinically relevant improvements.52 

Dr. Paolo Lissoni’s cancer research demonstrated that 20mg was effective in arresting tumor growth and improving quality of life markers.53,54 Studies since have all mirrored this dose; however, it is important to note that 20mg was a calculated dose. Little research to date has been conducted on lower doses to determine if they are as effective in cancer patients or if the physiological dose of 0.3mg can be used for prevention.

Hopefully, future studies will delve into these questions. In 2002 researcher Alfred J. Lewy and colleagues found that physiologic doses (0.5mg) may offer benefits that pharmacologic doses (20mg) do not.55 They observed the effects of dosage of melatonin in blind humans who often have disrupted circadian rhythms due to the pineal gland not receiving appropriate stimulation from the retina. They concluded that “too much melatonin may spill over onto the wrong zone of the melatonin phase-response curve”. The phase-response curve is the standard measure of biological rhythms. This supports the concept that too much melatonin may not be good for a person. It also begs the question, “How much is too much?”

It will be difficult to answer this for the masses as hormone production and timing of secretion has so many variables. In addition, bioavailability of the form or product used can play a part. Many practitioners swear by doses of 1-3 mg; however, they find that when they switch brands, lower doses are just as effective. Melatonin is quickly broken down by the body and should be dosed at the appropriate, personalized level for each patient. Because of this fast metabolism, melatonin must be used daily and not every second or third day. If a person feels best on 1mg of melatonin, 3mg of melatonin every third day is not appropriate. Products containing 3-5mg are often chosen because they are perceived as a good value but getting more medicine for your dollar is not always better if the dose is incorrect. For this reason, starting at the physiological dose of 0.3mg and increasing if necessary is often recommended except for specific conditions where higher doses are needed short-term such as jet lag, shift work, or cancer.

There are some general opinions on dosing melatonin from a timing perspective. Historically all research as it related to sleep administered melatonin 30-60 minutes prior to bed; however, some studies have shown that it can be taken up to 4 hours prior and be effective. Lewy suggests that dosing for sleep requires a minimum of twelve hours of wakefulness. Dosing for jet lag from eastbound travel includes a preflight early evening treatment of melatonin for 1-3 days leading up to travel, followed by treatment at bedtime for 4 days after arrival, most studies are on 3-5mg nightly. For westbound travel, melatonin can be used for 4 days at bedtime when in the new time zone. For difficulty falling asleep, melatonin can be taken 3-4 hours before an imposed sleep period over four weeks. However, as it is always recommended to take melatonin in conjunction with being in darkness versus light stimulation from television and computers, it is often more practical to adhere to the 30-60 minutes before bed.

For difficulty maintaining sleep, a short-term, high dose, repeated low doses, or a controlled-release formulation may be required depending on the cause of disrupted sleep maintenance. Some authorities suggest limiting melatonin to 0.3mg in children. The use of melatonin in children is now widely accepted for various disorders but since the studies range so widely in dosing, a critical analysis is required for each patient. One dose-dependent study found that using 0.05mg/kg was as effective as higher doses.56 Unfortunately, this was the lowest dose studied in this trial. In practical terms, this is 0.9 mg for a 40-pound child. Dysomnia, attention-deficit disorder, and autism spectrum disorder have been studied and reviewed, all confirming effectiveness and safety of melatonin. It should be noted that studies were of various lengths with some as short as two weeks and the longest lasting six months. Only one questionnaire-based study has looked at long-term melatonin use in children and by its design, was based on subjective symptom reports. In an average of 3.7 years of follow-up from previous clinical trial participation of pharmacologic doses of melatonin, 65% of children were still using melatonin as prescribed in the study but only 9% were able to discontinue use.57,58 Implications of this information are two-fold for the practicing clinician. 1) Most of the time, parents need to be prepared for lifelong melatonin use when giving pharmacologic doses and 2) because melatonin is over the counter, the dose initially recommended is what any given patient was on. Neither the parents nor children were being monitored in their melatonin use, but rather relied on the initial study proposal so dosing varied widely. Yet compliance nearly four years later was 65% due presumably to satisfaction of use.

Uses in seizure activity, idiopathic scoliosis, and anesthesia have been studied as well with positive outcomes. Where science has yet to meet clinical practice is dosing parameters may vary according to multiple factors such as the child’s medical problems, the severity and type of sleep problems, or the associated neurological pathology. Indiscriminate dosing may lead to unnecessary dependence. Finally, to underscore the discussion of dosing in both pediatrics and adults, it is important to understand that melatonin is metabolized via the liver almost exclusively by CYP1A2. Slow metabolism of this enzyme has clinical application. A melatonin clearance test is reasonable yet difficult to practically implement. Therefore, loss of response after several weeks may suggest a patient’s tolerance of melatonin and dose reduction. In one report, clinicians noted that “the initial good response to melatonin disappeared within a few weeks after starting treatment, while the good response returned only after considerable dose reduction.”

Medications

Melatonin should not be combined with certain medications such as blood pressure medications like methoxamine (Vasoxyl) and clonidine (Catopres), blood-thinning medications such as warfarin (Coumadin), MAO inhibitor drugs, steroids, and immunosuppressive medications. Additionally, women who are pregnant or nursing should not take melatonin without medical approval and/or supervision, and people with autoimmune conditions, diabetes, thyroid conditions, epilepsy, leukemia, lymphoproliferative disorders, or mood disorders should only take it under medical supervision.

SNH Medical Team

Tori Hudson

Tori Hudson

Naturopathic Doctor

Specializes in Women’s Health

Shawn Tassone

Shawn Tassone MD, PhD, OBGYN
Specializes in Integrative Medicine

Henry Meissner

Henry Meissner PhD
Specializes in Nutritional Biochemistry

Mona Fahoum

Mona Fahoum
Naturopthic Doctor
Specializes in Microbiome and Women’s Health

Jan Roberts

Jan Roberts

Pharmacist & Clinical Nutritionist

Specializes in Fertility and Preconception Health

Corey Schuler

Corey Schuler RN, DC and Certified Nutritionist Specialist

Specializes in Hormone and Metabolic Health

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