Terms & Conditions

Thank you for visiting our website. These Terms of Use apply to websites that are owned or controlled by Kaneka North America LLC, and its parent company and affiliates (“Kaneka,” “Company,” “we,” “us,” or “our”). These Terms of Use are a contract between you and Kaneka and govern your use of our websites (collectively, “Sites” and individually, “Site”). By using our Sites, you agree to these Terms of Use and the Privacy Policy (collectively, the “Terms”).

PLEASE CAREFULLY READ THESE TERMS BEFORE USING ANY OF OUR SITES, AS THE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES. BY USING THE SITES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THESE TERMS.

WHEN YOU PURCHASE A PRODUCT ON ANY KANEKA SITE, ADDITIONAL TERMS APPLY. THESE TERMS CAN BE FOUND HERE (TERMS OF SALE). BY PLACING AN ORDER FOR ANY PRODUCT SOLD ON OUR SITE YOU AGREE TO OUR TERMS OF SALE.

THE SITES ARE INTENDED ONLY FOR USERS AGED EIGHTEEN (18) YEARS AND OLDER. By using the Sites, you acknowledge that you are at least eighteen (18) years old.

BINDING ARBITRATION NOTICE: By using the Sites, you agree that all disputes between you and Kaneka with regard to these Terms and your use of the Site will be resolved by binding, individual arbitration, as provided herein and except to the extent limited by federal or state law, and you waive your right to participate in a jury trial, class action lawsuit, or class-wide arbitration.

1. Use of the Sites

The Sites are provided for your personal use only. You may not use the Sites for any commercial purpose other than to purchase a product offered on our Sites, participate in a Kaneka program, or to accept a service offered by Kaneka. As a condition of using the Sites, you agree that you will NOT use them in any way that causes or may cause damage to them, impair their availability or accessibility to others, or otherwise interfere with the operation of the Sites. You agree that you will not use the Sites to engage in any unlawful, illegal, fraudulent or harmful conduct, including without limitation, the posting of any abusive, threatening, harassing, libelous, defamatory, obscene, hateful, vulgar, racially or ethnically objectionable, or otherwise offensive content. You agree that you will not engage in any digitized data collection activities, including without limitation, scraping, data mining, data extraction, or data harvesting. You agree that you will not use the Sites in any way to attempt to gain unauthorized access to the Sites or collect personally identifiable information of any kind about any users of the Sites. You agree that you will not use the Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Kaneka reserves the right to limit or restrict your use of the Sites at any time and without prior notice to you.

2. Ownership of Site Content & License

The Sites are owned or controlled by Kaneka. Kaneka reserves all intellectual property rights associated with the Sites. All information, text, graphics, designs, photos, software and other materials appearing on the Sites (the “Content”) are owned by Kaneka, its affiliates, or third-party licensors. The Content is protected by copyright, trademark, trade dress and other laws protecting intellectual property in the United States. Whether or not registered, all trademarks, logos, and service marks appearing on the Sites are owned or licensed by Kaneka, its affiliates, or third parties, and may not be used in any manner by any user of the Sites without the express written consent of Kaneka or third-party owner.

Except as provided herein, your use of the Sites does not grant you any license or right to any Content on the Sites. Pursuant to your use of the Sites in accordance with the Terms, Kaneka hereby grants you a non-exclusive, nontransferable license to use the Content on the Sites solely for your personal use and information.

As a condition for using the Sites, you agree that you will NOT:

Reproduce or republish Content from the Sites;
Sell, rent, or sub-license any Content from the Sites;
Exploit Content from the Sites for a commercial purpose, including Content that has been edited or modified, unless granted prior written consent by Kaneka to do so;
Show or display any Content from the Sites in public without the prior written consent of Kaneka; or
Distribute Content from the Sites without the prior written consent of Kaneka.

To request Kaneka’s written consent for use of Content from the Sites in accordance with these Terms, send an email to: [email protected]

3. No Medical Advice

The information provided on our Sites is intended for informational and educational purposes only and is not intended for use as, or to be construed as, medical advice. Always seek the advice of your physician or qualified healthcare practitioner with any questions you may have regarding your health. Never disregard or delay seeking medical advice from a physician or qualified healthcare practitioner because of something you have read on our Sites or the internet.

By using the Sites, you acknowledge that Content on the Sites is for informational and educational purposes only and that Kaneka does not provide any medical advice.

The information provided on the Sites is not intended to be a substitute for any information contained on the label or in labeling of any Kaneka product. Prior to using any Kaneka or other product purchased on our Site, you should carefully review all product labeling, including instructions for use and precautionary statements.

By using the Sites, you acknowledge that information provided on the Sites should not be construed as guaranteeing any specific result, and that you should always consult a physician or qualified healthcare provider before beginning any new exercise program.

Kaneka assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Sites. While we strive to keep the information on the Sites accurate, complete, and up-to-date, we make no guarantee regarding the accuracy, reliability, completeness or usefulness of any information provided on our Sites. Kaneka is not responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

THE STATEMENTS ON THE SITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. PRODUCTS FEATURED ON THE SITES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

4. Privacy

By using our Sites, you confirm that you have read and agree to Kaneka’s Privacy Policy.

5. No Warranties

The Sites are provided “as is,” “as available,” “with all faults,” and without warranties of any kind, express or implied. Kaneka does not make any representations or warranties that the information on the Sites is accurate, complete, timely, or useful. To the fullest extent permissible by law, Kaneka disclaims all warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, system integration, and freedom from computer virus.

Kaneka does not warrant that your use of the Sites will be error-free, uninterrupted, or secure; that any defects will be corrected; or that the Sites or the server that makes the Sites available is free from any harmful components, including, without limitation, viruses.

Your use of the Sites is at your sole risk. You assume total responsibility and risk for your use of the Sites and your reliance on any information contained therein. No opinion, advice, or statement of Kaneka or any of its employees, officers, directors, affiliates or agents, or any other party involved in creating, producing or developing the Sites (collectively “Kaneka Parties”) shall create any warranty not expressly stated herein.

A possibility exists that the Sites could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made to the Sites by third parties without Kaneka’s knowledge or consent. Although we attempt to ensure the integrity of the Sites, Kaneka makes no guarantees as to the Sites’ completeness or correctness.

6. Limitation of Liability and Damages

Kaneka Parties disclaim any responsibility or liability to any person or entity for any loss or damages of any kind, including, without limitation, any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages, injuries, claims, liabilities or other cause of any kind or character arising out of or relating in any way, directly or indirectly, to: (a) the Sites including, without limitation, all Content; (b) your use of, inability to use, or the performance of the Sites; (c) any action taken in connection with an investigation by the Kaneka Parties or law enforcement authorities regarding your use of the Sites; (d) any action taken in connection with copyright or other intellectual property owners relating to your use of the Sites; (e) any errors or omissions in the technical operation of the Sites; or (f) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, even if foreseeable and even if the Kaneka Parties have been advised of, or should have known of the possibility of, such damages, whether in an action of contract, negligence, strict liability or tort, including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or destruction of the Sites. In no event will the Kaneka Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury, alleged as related to your use of the Sites.

THE LIMITATION OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND KANEKA. KANEKA WOULD NOT MAKE THE SITES AVAILABLE TO USERS WITHOUT SUCH LIMITATION OF LIABILITY.

You agree that in the event you incur any damages, losses or injuries alleged to arise out of Kaneka’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Sites or any Kaneka website, property, product, service, or other content owned or controlled by Kaneka, and you will have no right to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Sites or any Kaneka website, property, product, service, or other content owned or controlled by the Kaneka Parties.

By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of any law of any state or territory providing that a general release does not extend to material claims one does not know or suspect to exist in their favor at the time of executing the release, including, for California residents, section 1542 of the Civil Code of California.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

It is your responsibility to evaluate the accuracy, reliability and usefulness of any information or statement available on the Sites. Your sole remedy for dissatisfaction with any portion of the Sites is to stop using them.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Kaneka Parties from and against any and all claims, demands, damages, losses, costs (including without limitation, legal fees and costs), investigations, liabilities, judgments, settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Sites or activities in connection with the Sites; (c) your violation of any law, statute, rule, regulation, code, ordinance or order of any governmental or quasi-governmental authority, including, without limitation, all regulatory, administrative and legislative authorities, pertaining to the use the Sites; or (d) the Kaneka Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Kaneka.

You agree to fully cooperate, as required by the Kaneka Parties, in the defense of any of the aforementioned claims. You agree that you will not settle any claim without the prior written consent of a duly authorized employee of Kaneka. Kaneka reserves the right to assume the exclusive defense and control of any claim subject to indemnification by you.

8. Breach of Terms

Kaneka reserves the right to take all appropriate actions if you breach any provision of these Terms or the representations, warranties and covenants made by you in connection with your use of the Sites, including without limitation, suspending your access to the Sites, blocking computers using your IP address from accessing the Sites, and if necessary, contacting your internet service provider to request that they block your access to the Sites, and filing a lawsuit against you.

9. Third-Party Links

To provide you with increased value, we may include third-party links on the Sites. However, even if the third party is in some way affiliated with Kaneka, we have no control over any linked third-party site. Each third-party site has its own terms of use, privacy policy, and data collection practices. Kaneka is not responsible or liable for the content of any linked sites or business practices of third-parties. Third party sites are provided for your convenience and access to such sites is at your own risk. By accessing third-party links from the Sites, you acknowledge and agree that Kaneka is not responsible or liable, directly or indirectly, for any damage or loss associated with, caused, or alleged to be caused by your use of any third-party website, content, products or services. We do, however, seek to protect the integrity of the Sites and welcome any feedback about external links, including information regarding a broken link, which can be sent to [email protected].

The inclusion of third-party links on the Sites is not an endorsement by Kaneka of any information, product, or service found on any third-party website.

Kaneka does not permit any linking to our Sites without our prior written permission.

10. Location Of Site and Territorial Restrictions

Unless otherwise specified, the Sites are presented solely for residents of the United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.

The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kaneka to any registration requirement within such jurisdiction or country. Kaneka controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Sites are appropriate for use or access in other jurisdictions. Anyone using or accessing the Sites from outside the United States and its territories does so on their own initiative and is solely responsible for compliance with United States and national and local laws regarding online conduct, if and to the extent such laws are applicable.

We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

11. Waiver

Kaneka’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver or relinquishment of any of its rights hereunder.

12. Severability

If a court of competent jurisdiction, or a duly appointed arbitrator, finds any provision of these Terms to be unenforceable, invalid, unlawful, or void, then such provision shall be deemed severed from the Terms and will not affect the validity and enforceability of the remaining provisions.

13. Headings

The section titles used in these Terms are for convenience only and have no contractual or legal effect.

14. Modification to the Terms

Kaneka reserves the right at its sole discretion to add, delete, change or modify any part of the Terms at any time without notification to you. It is your responsibility to periodically check the Terms for any updates. Please review these Terms periodically to ensure you are familiar with the most recently posted Terms. By using the Sites, you agree to be bound by the most recently posted Terms.

15. Entire Agreement

Except as expressly provided in a separate license, terms of sale, service or other written agreement between you and Kaneka, these Terms constitute the entire agreement between you and Kaneka in relation to your use of the Sites and supersede all previous agreements with respect to your use of the Sites.

16. Governing Law

The substantive laws of the State of Texas, without regard to conflicts of law principles, govern the use of the Sites and any dispute arising out of your use of the Sites, information posted on the Sites, or products purchased on the Sites. Any disputes arising under this agreement that are not subject to arbitration must be brought in the federal or state courts located in Harris County, Texas. By using the Sites, you agree to waive any claim of forum non conveniens or lack of personal jurisdiction in this regard.

17. Disputes and Binding Arbitration

Any dispute you have with Kaneka should be submitted to Kaneka within thirty days of the event giving rise to it. Kaneka can be contacted via the mail at: 6250 Underwood Road, Pasadena, TX 77507, or by email at: [email protected] Please allow at least thirty (30) days for Kaneka to address your complaint prior to taking further action.

Except for disputes relating to the infringement of your or Kaneka’s intellectual property (such as trademarks, trade dress, copyright or patents) or where you or Kaneka are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Kaneka (whether or not such dispute involves a third party) with regard to these Terms, your use of the Sites, your purchase of any Kaneka product, or any Kaneka advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you hereby expressly waive trial by jury. Arbitration may be initiated by either party through mail or email. Neither you nor Kaneka will participate in a class action or class-wide arbitration for any claims covered by these Terms.

This dispute resolution provision shall be governed by the Federal Arbitration Act and Texas law. The arbitration will be conducted in Harris County, Texas, in the English language, in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Kaneka or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. In-person arbitration hearings will be conducted at a mutually agreeable location in Harris County, Texas. Either party may request digital or telephone arbitration, which may be conducted with the non-requesting party’s approval. The party seeking the Claim is responsible for the initial fees required to conduct the arbitration, and all other fees and costs of the arbitration will be charged pursuant to the American Arbitration Association’s rules. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Notwithstanding any provision of applicable law, the arbitrators will not have authority to award punitive or exemplary damages. If you bring any case that is deemed frivolous, you will be responsible for all costs associated with arbitration, including attorney’s fees.

THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF TEXAS SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.

You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Harris County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of arbitrating any such action.

Kaneka reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Kaneka.

18. Digital Millennium Copyright Act

You may not use the Sites for any purpose or in any manner that infringes the intellectual property rights of any third party. Kaneka encourages you to report any content on the Sites that you believe infringes on your intellectual property rights. Only the owner of intellectual property rights or a person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

Pursuant to the Digital Millennium Copyright Act (DMCA), if a user feels unauthorized material or information has been posted on this Site, please notify us by mail at Kaneka Nutrients, 6250 Underwood Road, Pasadena, TX 77507, or by email at [email protected] with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:

“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

19. Miscellaneous

Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Kaneka may assign its rights and duties under these Terms to any party at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms except with the prior written consent of Kaneka.

20. Contacting Us

For any questions you may have regarding these Terms, please contact us:

VIA MAIL: Kaneka Nutrients, 6250 Underwood Road, Pasadena, TX 77507

VIA EMAIL: [email protected]

Notice to California Consumers

Under California Civil Code Section 1789.3, California users are entitled to receive the following consumer rights notice in connection with their use of the Sites. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Last revised: May 12, 2025