(last updated 1-1-11)
Not Healthcare Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site (directly or via linking to third-party sites by a health care or nutrition professional, are provided for informational purposes only. Please consult with your physician or other health care professional (collectively, “Health Care Professional”) regarding any medical or health-related diagnosis or treatment options. Any and all information provided on this Site, and any and all third party linked sites, is not intended as a substitute for advice from your Health Care Professional, or any information contained on or in any product label or packaging. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Health Care Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Health Care Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Contributors to the Site may voluntarily participate in the blog and/or forums including describing their experiences with specific products. Any comments made by contributors are strictly their own personal views made in their personally capacity. These comments are not claims made by the Company nor do they represent the view or position of the Company.
If you make a purchase on the Site, your purchase will be subject to the terms of the Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review the Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of the Purchase Policy.
< Copyright and Trademarks
You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site are the sole property of Nutrientology LLC and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company.
Links and Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. The Company does not control or endorse any such third party websites. You agree that Nutrientology LLC will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. Any and all interaction between you and third party sites including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer and Limitation of Liability
You expressly understand and agree that your use of the site is at your sole risk. The site and any and all information and/or materials contained herein are provided on an “as is” and “as available” basis. Nutrientology LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nutrientology LLC and any and all affiliated third party site make no warranty that (I) the site will meet your requirements, (II) the site will be uninterrupted, timely, secure, or error free, (III) the results that may be obtained from the use of the site will be accurate or reliable, (IV) the quality of products, services, information, or other material obtained by you through the Site will meet your expectations, and, (V) any errors in the site will be corrected. Any material downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that may result. All products and services purchased on or through the site are subject only to any applicable warranties of and by their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable law, the Company, and any and all of its third party affiliate links, disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the site. The Company, and any and all of its third party affiliate links, shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Site, including any liability (I) as a publisher of information, (II) as a reseller of any products or services, (III) for any defective products, (IV) for any incorrect or inaccurate information, (V) for any unauthorized access to or disclosure of your transmissions or data, (VI) for statements or conduct of any third party on the site, or (VII) for any other matter relating to this Site or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Nutrientology LLC and You. The products, information and services offered on and through the Site would not be provided without such limitations. Notwithsatnding any of the foregoing, the sole and entire maximum liability of Nutrientology LLC for any reason whatsoever, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by You for any product, information or service purchased by You from the Company on the Site. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless Nutrientology LLC against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
Site Usage and Termination of Usage
Sections entitled Privacy; Disclaimer and Limitation of Liability; Indemnification; Site Usage and Termination of Usage; User Content and Conduct; Applicable Law, Jurisdiction and Dispute Resolution; Severability and Interpretation; as well as Miscellaneous shall survive any termination of this Agreement.
User Content and Conduct
Where applicable at the Site, you are invited to post your own content (“User Content”). Please note that this Site is intended for adult use; if you are under the age of 13, do not submit any User Content to this Site.
You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. Nutrientology LLC is not responsible for a user’s misuse or misappropriation of any user content you post to the site.
By posting any User Content at the Site, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Nutrientology LLC shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. The Company shall be entitled to unrestricted use of any user content it may receive from you at or through the site, for any purpose whatsoever, commercial or otherwise, without compensation to you as provider of the user content.
You agree that you will not use the Site to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) “stalk” or otherwise harass another; or
(l) collect or store personal data about other Site users.
(m) gain access to unauthorized areas of the Site or our network or servers.
We will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person on this Site. You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Company does not endorse or have full control over the User Content. The Company makes every effort to review User Content, however no warranty is expressed or implied by this review by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. Nutrientology LLC makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. Nutrientology LLC assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. Any monitoring of the Site by the Company does not expressly or indirectly imply any responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Site users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in its sole discretion.
Applicable Law, Jurisdiction and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Florida and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Hillsborough County, Florida. To the extent permitted by applicable law, You and the Company hereby waive the right to a trial by jury in any proceeding or litigation brought against the other with respect to this Agreement or the Site. In addition, neither You nor the Company shall be entitled to join or consolidate claims by or against other users, or litigate any claim as a representative or class action or in a private attorney general capacity.
Severability and Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
This Agreement constitutes the entire and only Agreement between the Company and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of the Company, and/or any of its third party affiliates, to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company and /or any of its third party affiliates, as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright,
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf sent to:
Attn: Copyright Agent
P.O. Box 341581
Tampa, FL 33694-1581
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.
You may contact via U.S. Mail at the address above or via the “Contact” tab on the Site.