Terms of Use Agreement

WEBSITE DISCLAIMER: This website is designed to provide general information about diet, health and nutrition. The information is not advice, and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied for any product or health related conditions. There are no representations or warranties in relation to the health information or products on this website. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from a medical condition, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, you should consult with your doctor or other health care provider.

Neither the Company nor its representatives are providing any medical advice and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. This website may contain links to third-party websites. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of, and does not make any representations regarding the materials on, such linked third-party websites. If you decide to access or rely on information at linked third-party website, you do so at our own risk.

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME, AND YOUR COPNTINUED USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR IMMEDIATE ACKNOWLEDGMENT AND ACCEPTANCE OF THESE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY TO INSURE YOUR CONTINUED AWARENESS, UNDERSTANDING AND ACCEPTANCE.

 

Site Access and Use

YOU MUST BE EITHER EIGHTEEN (18) YEARS, TWENTY-ONE (21) YEARS OR OLDER TO ACCESS CERTAIN PORTIONS OF THIS WEB SITE. IF YOU ARE NOT OF THE SPECIFIED AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE (OR THOSE PORTIONS) FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked to provide certain information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site and any applicable Laws. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this site, or any other sites owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party(ies) that provided the Content to our Company and its site(s). Our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, product description, photographs or any other proprietary notice or legend appearing on or in any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights and User understands this shall cause harm to the Company. Neither title nor intellectual property rights are transferred to you by Company providing you access to this site.

Hyperlinks

This site may be hyperlinked to or from other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these sites. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site, its services, contents or product offerings.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy (we need to link “Privacy Policy” to our own published document) as set forth on this site.

Disclaimer

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties actual or implied.

Our Company does not assume any responsibility or risk for your use of the Internet.

You understand that our Company cannot and does not guarantee or warrant that content, pictures, files or hyperlinks made available for downloading from this site and the Internet in general will be free of viruses, worms, Trojan horses or other malicious code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.

Our Company does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site, the server(s) or network and any related components that makes it available are free of viruses or other harmful components. You, and not our Company, assume the entire cost of all necessary protection, servicing, repair and/or corrections. IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT, OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Content may include technical inaccuracies typographical errors, or out dated information and Company may make changes or improvements at any time. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation Of Liability

THIS COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

Indemnification

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, Members, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks/Logos/Word Marks

Trademarks, Service Marks, Word Marks and Logos appearing in this site are the property of the Company. Company retains all rights with respect to any of its respective Trademarks, Service Marks, Word Marks and Logos appearing in this site. This shall include any and all Product or Product Line names, photographs, tag-lines, or artwork.

Prohibited Information

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to
  • invades proprietary material of Company or any third party;
  • advocates illegal activity or intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children or asks for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person
  • manipulates any portion of this Site, its content, links, headers, identifiers or functionality
  • solicits funds, advertisers or sponsors;
  • includes tools, links, code, picture files, video files, music files, or programs which contain viruses, worms and/or Trojan horses or any other form of malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of this site or any other computer software, hardware or telecommunications systems and networks;
  • amounts to an illegal multi-level marketing or “pyramid” scheme;
  • disobeys any law, policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

Although Company is under no obligation to do so, it reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information or user for any reason.

Notwithstanding these rights, you remain solely responsible for the content of your use of this Site and any submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

 

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security such as password guessing programs, cracking tools or network probing tools, spiders and the like is strictly prohibited. If you become involved in any violation of system, data or network security, Company reserves the right to release your details to Law Enforcement, Company’s system administrators and other sites in order to assist them in resolving security incidents. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone believed to be in violation of any Domestic or International Law(s) or these Terms of Use.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Arizona, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Arizona. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.