Terms of Service
This website is operated by Examine.com Inc. [address: PO Box 592, Station P Toronto, ON M5S 2T1, phone: 1-(800) 355-5213]. Throughout these Terms, the terms “Examine®, "we", "us", "our"” refers to Examine.com Inc.; the term “Examine.com®” refers to the Examine.com domain; the term "Tracker" refers to the Examine Tracker mobile application; and the terms “User”, "you", "your" refers to the user who is bound by these Terms.
By visiting or accessing Examine.com or using the Tracker (the "Services"), or purchasing anything from Examine, such as an Examine+ membership or supplement guide (the "Products"), you agree to be bound by the these terms, conditions, policies, and notices (“Terms”), including those additional terms, conditions, policies, and notices referenced herein and/or available by hyperlink. These Terms apply to all Users of Examine.com, including Users who are browsers, customers, vendors, merchants, and/or contributors of content.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES OR PURCHASING ANY PRODUCT. By accessing or using the Services or purchasing any Product, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services or purchase any Product.
By using the Services or purchasing any Product, you represent and warrant that you are the legal age of majority in your jurisdiction of residence. Users who are not the age of majority should not access or use Examine.com or the Services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. In these Terms, the use of the word “including” shall mean “including without limitation.”
Modification to these Terms:
Any new features or tools added to Examine.com or the Services shall also be subject to the Terms. The User can review the most current version of the Terms at any time on this page. Examine reserves the right to update, change, or replace any part of these Terms by posting updates or changes to Examine.com. It is your responsibility to check this page periodically for changes. Your continued use of or access to Examine.com or the Services following the posting of any changes constitutes acceptance of those changes.
All material, text, images, downloads, attachments, and any other content whatsoever contained on or within Examine.com or through the Services is for informational purposes only and does not constitute advice, diagnosis, or treatment from a qualified medical professional. Examine makes no representation that it is a provider of medical Services as defined by federal and provincial laws and regulations pertaining to medical providers and other health care-related matters, or that Examine has any obligations with respect to: (a) the appropriateness of the User engaging in a weight loss or supplementation program; (b) the results (or lack thereof) of User’s use of the Services; and (c) any other health-related matters arising in connection with User’s use of the Services. You should always consult your doctor, physician, or other qualified medical professional with any medical questions you may have and before modifying your diet or exercise routine, or taking any kind of supplement, particularly if you are already using pharmaceuticals or other drugs as prescribed by a qualified medical professional, are undergoing medical therapies, are is pregnant, or are elderly. You acknowledge that you have been advised by Examine of the need for such consultation. Examine and its editors do not advocate nutritional supplementation over proper medical advice or treatment, and no page on Examine.com advocates nutritional supplementation over proper medical advice or treatment.
Examine does not assume liability for any actions undertaken after visiting Examine.com and does not assume liability if one misuses supplements. Examine and its editors do not claim that unforeseen side effects will not occur even at the proper dosages, and do not assume responsibility for any side effects from supplements or practices mentioned on Examine.com and its content.
Online store terms
In order to access the Services and/or purchase the Products, you may need to create a password- protected member account. You are responsible for safeguarding the confidentiality of the username and password that you use to access the Services. You agree not to disclose their username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of their account. You acknowledge and agree that in creating and maintaining your member account, you will need to provide us with information about yourself and you represent and warrant that such information is accurate.
You may not use Examine.com or the Services for any illegal or unauthorized purpose. You may not, in the use of any of the foregoing, violate any laws in your jurisdiction of reference (including copyright laws).
A breach or violation of any of the Terms by the User may result in an immediate termination of the User’s access to Examine.com.
Use of Examine.com is restricted to the User’s personal use. You shall not use Examine.com for any other purpose.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Examine.com and its content, use of Examine.com, or access to Examine.com, or any contact or personal information on Examine.com, without express written permission by Examine.
Examine reserves the right to refuse to provide the Services to anyone for any reason at any time.
You understand that your data (not including the User’s credit card information) may be transferred unencrypted and involves:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information entered on Examine.com is always encrypted during transfer over networks. Examine uses Stripe and PayPal to process credit-card payments made for purchases on Examine.com.
The Terms stated herein contain the entire agreement between the User and Examine relating to the User’s use of Examine.com and supersede all prior or concurrent communications and proposals, in any form, between the User and Examine. No other terms or conditions apply. The User agrees not to introduce into or through Examine.com any information, content, or material that may be harmful to others, including any worms or viruses or any code of a destructive nature. Among other things, the User agrees not to include, knowingly or otherwise, any error or defect in material or information that may, among other issues, be libelous, slanderous, defamatory, or obscene, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Accuracy, completeness and timeliness of information
Examine is not responsible if the content or information provided on Examine.com or on the Tracker is not accurate, complete, or current. This content and information is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content on Examine.com is at the User’s own risk.
Examine.com may contain certain historical information. Historical information, per its very nature, is not current; it is provided for the User’s reference only. Examine reserves the right to modify the contents of Examine.com at any time, but Examine has no obligation to update any information on Examine.com. You agree that it is your responsibility to monitor changes to Examine.com.
Examine neither makes any representations nor recommends or endorses any specific tests, Products, procedures, opinions, or other information that may be mentioned on Examine.com. Reliance on any information provided by Examine, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors (collectively, its “Representatives”), or any visitors to Examine.com is solely at the User’s own risk.
Modifications to the Service and prices
Prices for Examine’s Products and Services are subject to change without notice.
Examine reserves the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.
Products and Services
Certain Products or Services may be available exclusively online through Examine.com. These Products or Services may have limited quantities and are subject to return or exchange only according to Examine’s Refund Policy (as defined below).
Examine reserves the right, but is not obligated, to limit the sales of the Products or Services to any person, geographic region, or jurisdiction. Examine may exercise this right on a case-by-case basis. Examine reserves the right to limit the quantities of any Products or Services that Examine offers. All Examine’s descriptions and prices for all Examine’s Products and Services are subject to change at any time without notice, at its sole discretion. Examine reserves the right to discontinue any Product at any time. Any offer for any Product or Service made on Examine.com and its content is void where prohibited by law.
Examine does not warrant that the quality of any Products, Services, information, or other material the User purchases or obtains will meet the User’s expectations, or that any errors in the Services will be corrected.
By agreeing to these Terms the User agrees to Examine’s refund policy (the “Refund Policy”). Where the User decides to cancel, return, or seek a refund for Examine’s Products or Services, the User will be entitled to a refund within fifteen (15) business days from the date of receipt of the User’s notice to Examine under this Refund Policy. The notice must be received by Examine’s offices within the refund windows set out below for the User to be eligible for a refund.
To provide notice of the User’s refund claim, contact Examine at Examine’s electronic mail address along with accurate billing and account information. Upon approval, Examine will refund or exchange the User’s Product. In order to permit a refund under this Refund Policy, notice of a refund claim must be provided within the 60 days from the date of the purchase of the Product being refunded.
Accuracy of billing and account information
Examine reserves the right to refuse or cancel any order the User places with it. Examine may, at Examine’s sole discretion, limit quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, orders placed with the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Examine makes a change to or cancels an order, Examine may attempt to notify the User by using the email address, billing address, and/or phone number the User provided when making the order. Examine reserves the right to limit or prohibit orders that, in Examine’s sole judgment, appear to be placed by dealers, resellers, or distributors.
The User agrees to provide current, complete, and accurate purchase and account information for all purchases made at Examine’s store. The User agrees to promptly update the User’s account and other information, including the User’s email address and credit card numbers and expiration dates, so that Examine can complete the User’s transactions and contact the User as needed.
For more detail, please review Examine's Return Policy.
Use of content
Examine authorizes the use or download of a single copy of the content and materials on Examine.com — and this is solely for personal, non-commercial use — if and only if the following copyright notice, or a substantially similar notice, is placed at the end of the content or material: “© 2011–2023 Examine.com”.
The content and material on Examine.com is protected by copyright under both Canadian and foreign laws. Title to such content and material remains with Examine or their legal owners. Any use of the content and material not permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All content and material is subject to change or termination without notice at Examine’s sole discretion.
Trademarks and Trade Names
All trademarks, Service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of Examine. You may not make any use of any Marks without the prior written consent of Examine.
Notice and takedown procedures
If the User believes that any content or material on or within Examine.com infringes the User’s copyright, the User may request removal of such content or material (or access thereto) by contacting Examine at PO Box 592, Station P Toronto, ON M5S 2T1 and providing the following information:
- Identification of the material that the User believes to be infringing and its location;
- Identification of the copyrighted work that the User believes to be infringed. Please describe and provide particulars of the work, and where possible, provide a copy or the location of an authorized version of the work; and
- The User’s name, address, telephone number, and email address.
PO Box 592, Station P Toronto, ON M5S 2T1
Optional third-party tools
Examine may provide the User with access to third-party tools that Examine doesn’t monitor or control in any way.
The User acknowledges and agrees that Examine provides access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. Examine shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools.
Any use by the User of optional third-party tools offered through Examine.com is entirely at the User’s own risk and discretion and the User should ensure that the User is familiar with and approves of the terms on which the tools are provided by the relevant third-party provider(s).
Examine may also, in the future, offer new Services and features through the website (including the release of new tools and resources). Such new features and Services shall also be subject to these Terms.
The User may find advertising or other content on Examine.com that links to the sites and Services of Examine’s partners, suppliers, advertisers, sponsors, licensors, and other third parties. Examine does not control the content or links that appear on these sites and is not responsible for the practices employed by websites linked to or from Examine.com. In addition, these third-party sites or Services, including their content and links, may be constantly changing. Browsing and interaction on any other website, including websites that have a link to or from Examine.com, is subject to that website’s own terms and policies.
Examine is not responsible for any damages arising from and disclaims any liability associated with how third parties collect, store, use, or disclose the User’s personal information. If the User chooses to visit one of these websites, the User should review the privacy policies that govern those particular websites.
User comments, feedback and other submissions
If, at Examine’s request, the User sends certain specific submissions (for example, contest entries) or if, without a request from Examine, the User sends Examine creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), the User agrees that Examine may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any of those Comments. Examine is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
Examine may, but has no obligation to, monitor, edit, or remove content that Examine determines at Examine’s sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
The User agrees that the User’s Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. The User further agrees that the User’s Comments will not contain unlawful, libelous, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of Examine.com or any related website. The User may not use a false email address, pretend to be someone other than the User, or otherwise mislead Examine or third parties as to the origin of any Comments. The User is solely responsible for any Comments the User makes and their accuracy. Examine takes no responsibility and assumes no liability for any Comments posted by the User or any third party.
Errors, inaccuracies and omissions
Occasionally, some information on Examine.com may contain inaccuracies, omissions, or typographical errors, including information that relates to offers, promotions, Product descriptions, Product availability, Product pricing, shipping charges, and transit times. Examine reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information provided by the User is inaccurate at any time (including after the User has submitted the User’s order) without prior notice.
Examine assumes no obligation to update, amend, or clarify information on Examine.com, including pricing information, except as required by law. No specified update or refresh date related to Examine.com should be taken to indicate that all information related to Examine.com has been modified or updated.
In addition to other prohibitions set forth in the Terms, the User is prohibited from using Examine.com or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, or laws, or local ordinances;
- to infringe upon or violate Examine’s intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Examine.com, any other website, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of Examine.com, any other website, or the Internet.
Examine reserves the right to terminate the User’s use of Examine.com for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liability
Examine does not guarantee, represent, or warrant that the User’s use of Examine.com will be uninterrupted, timely, secure, or error-free.
Examine does not warrant that the results that may be obtained from the use of Examine.com will be accurate or reliable.
The information on Examine.com is provided “as is” and without warranties or conditions of any kind, either express or implied.
The User agrees that Examine may occasionally remove any Services on Examine.com for indefinite periods of time and that Examine may cancel any Services on Examine.com at any time, without notice.
The User agrees that the User’s use of, or inability to use, Examine.com is at the User’s sole risk. Examine.com and all Products and Services delivered to the User through Examine.com are (except as stated by us) provided “as is” and “as available” for the User’s use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. No information obtained by the User from Examine will create any warranty not expressly stated herein.
User uses the Services and Products at their own risk, and in no case shall Examine, or Examine’s Representatives (for whom Examine holds such rights in trust) be liable for any:
- injury, loss, or claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from the User’s use of Examine.com or any Products procured using Examine.com; or
- other claims related in any way to: the User’s use of Examine.com or any Products procured using Examine.com, including, but not limited to:
- any errors or omissions in any content;
- any loss or damage of any kind incurred as a result of the use of Examine.com; or
- any content (or Product) posted, transmitted, or otherwise made available via Examine.com,
even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Examine’s liability shall be limited to the maximum extent permitted by law.
The User agrees to indemnify, defend and hold harmless Examine and its Representatives from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s breach of these Terms or the documents they incorporate by reference, or of the User’s violation of any law or any right of a third party.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms without affecting the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either the User or Examine. The User may terminate these Terms at any time by notifying Examine that the User no longer wishes to use Examine.com, or when the User ceases using Examine.com.
If in Examine’s sole judgment the User fails, or Examine suspects that the User has failed, to comply with any term or provision of these Terms, Examine also may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination. Examine may also deny the User access to Examine.com (or any part thereof).
Examine’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules Examine posted on Examine.com constitute the entire agreement and understanding between the User and Examine and govern the User’s use of Examine.com, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the User and Examine (including any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be held against the drafting party.
These Terms and any separate agreements whereby Examine provides the User any Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflict of law. The User agrees that any dispute, difference, controversy, or claim between the User and Examine or by either of Examine against the other or the Representatives of the other, arising out of, relating to, or having any connection with the Terms, Examine.com, any use of Examine.com, any content on Examine.com, or any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Ontario, Canada.
Changes to terms of Service
The User can review the most current version of the Terms at any time on this page.
Examine reserves the right, at Examine’s sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to Examine.com. It is the User’s responsibility to check Examine.com periodically for changes. The User’s continued use of or access to Examine.com following the posting of any changes to these Terms constitutes acceptance of those changes.
This document was last updated on June 14, 2023.