Terms of Service
1. IMPORTANT NOTICE
THE SERVICES, PRODUCTS AND OTHER CONTENT PROVIDED ON THIS SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. THIS SITE IS NOT INTENDED FOR THE DIAGNOSIS, EVALUATION, OR TREATMENT OF ANY ILLNESS, DISEASE OR MEDICAL CONDITION. YOU ARE ENCOURAGED TO CONSULT YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL REGARDING QUESTIONS YOU MAY HAVE REGARDING INFORMATION YOU OBTAIN ON OR THROUGH THIS SITE, AND ABOUT YOUR SPECIFIC MEDICAL CONDITION, NUTRITION AND FITNESS REGIMEN, AND TREATMENT OPTIONS. PLEASE READ ALL INFORMATION PROVIDED WITH ANY PRODUCT PROVIDED OR OBTAINED THROUGH THE SITE (INCLUDING PRODUCT LABELING AND INSERTS) BEFORE USE. ANY COMMENTS OR INFORMATION PROVIDED BY REVIEWERS OF PRODUCTS OR SERVICES OR OTHER THIRD PARTIES ON OR THROUGH THIS SITE ARE THEIR PERSONAL VIEWS AND NOT THOSE OF COMPANY. COMPANY DOES NOT ENDORSE ANY SERVICE, PRODUCT OR OTHER INFORMATION MADE AVAILABLE ON OR THROUGH THIS SITE.
2. USE OF SITE
You may not link from another website to this Site or display (through framing or other means) any portion of this Site on another site without our prior written consent.
3. USER ACCOUNT
In order to use certain features of the Site (e.g., use of the online shop and other Services), you must register for an account with Company (“User Account”) and provide certain information about yourself as prompted by the applicable Service registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your User Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Company Account in accordance with Section 10 (Term and Termination). You are responsible for maintaining the confidentiality of your User Account login information, controlling access to your User Account information, and are fully responsible for all activities that occur under your User Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
4. USER CONTENT
The Site may provide features (such as blogs, user reviews, and message boards) that enable users to upload content to the public forums on the Site (“User Content”). User Content does not include personal information a user provides to Company for other purposes, such as information provided to establish a User Account, unless the user posts such information in a public forum on the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (described below). You may expose yourself to liability if your User Content violates our Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content on the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You agree to abide by Company’s “Acceptable Use Policy” as follows:
a. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
b. In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; or (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Account in accordance with Section 10 (Term and Termination), and/or reporting you to law enforcement authorities.
7. THIRD PARTY SITES AND OTHER CONTENT USERS
This Site may contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of Company and Company is not responsible for of the content any Third Party Sites. Company provides these Third Party Sites only as a convenience to users and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or products or services sold on or though any Third Party Site. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites. You use all Third Party Sites at your own risk.
You understand and acknowledge that each user of this Site or any Service available through this Site is solely responsible for any and all of their User Content.
BECAUSE WE DO NOT CONTROL THIRD PARTY SITES OR USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SITE OR USER CONTENT AND WE MAKE NO GUARANTEES REGARDING THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF ANY THIRD PARTY SITE OR USER CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR ANY SUCH THIRD PARTY SITE OR USER CONTENT. YOUR INTERACTIONS WITH THIRD PARTY SITES OR OTHER SITE OR SERVICE USERS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY SITE OR USER. YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY SITE OR SITE OR SERVICE USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE AND FOREVER DISCHARGE US (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, ANY THIRD PARTY SITE OR OTHER SITE OR SERVICE USER. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. WARRANTY DISCLAIMERS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) AMOUNTS YOU HAVE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. TERM AND TERMINATION
11. COPYRIGHT POLICY
Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification to [insert appropriate Company representative/department or name of designated agent]:
- a. identification of the copyrighted work(s) that you claim to have been infringed;
- b. identification of the material on our services that you claim is infringing and that you request us to remove;
- c. sufficient information to permit us to locate such material;
- d. your address, telephone number, and e-mail address;
- e. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
- f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
- g. your physical or electronic signature.
Please note that any misrepresentation of material fact (falsities) in a written notification may automatically subject the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.