Please read the following User Agreement thoroughly before using Nutrifone website or other services provided by Nutrifone.
By using Nutrifone website, accessing or registering as a member of the Nutrifone or other services, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use Nutrifone website or its other services. Nutrifone reserves the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on the Nutrifone website.
Note About Children
You Must be over 18 to Agree to This Agreement and Use Nutrifone website.
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email Nutrifone with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site. We reserve the right to terminate your membership in the event that Nutrifone becomes aware you are under 18.
Membership
You may become a "Member" of Nutrifone, which may grant you additional privileges, by completing the membership application form. Becoming a Member allows you to post content on Nutrifone website. You agree as a condition of use and membership that Nutrifone may contact you for the purpose of informing you of changes to this Agreement or describing new services or information available on Nutrifone website.
Content Submission
By contributing or submitting any content to Nutrifone website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Nutrifone a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Nutrifone, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Nutrifone reserves the right to change, condense or delete any content on Nutrifone website that Nutrifone deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other web sites, addresses, email addresses, contact information or phone numbers; or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics, or other materials you publish on Nutrifone website. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from Nutrifone website at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to Nutrifone website if you choose to republish your content elsewhere and that you do not publish the same items of content on both Nutrifone and other product or price comparison sites.
By using features of Nutrifone website that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content - including text, communications, video, software, images, sounds, data, or other information - that:
"Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
"Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
"Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
"Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
"Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
"Impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers."
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
Nutrifone generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. Nutrifone is not liable for any failure, delay, damages or results, in removing such content.
Security
You agree that if you are issued a Username and Password by Nutrifone, you shall use your best efforts to prevent access to Nutrifone website through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Nutrifone immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, de-compile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Nutrifone shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Termination
You can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Nutrifone may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), (1) at their sole option, Nutrifone and its licensees may continue or stop publicly displaying some or all of your content.
Disclaimer
ALL THE INFORMATION PRESENTED ON THE NUTRIFONE WEBSITE IS FOR EDUCATIONAL AND RESOURCE PURPOSES ONLY. IT IS THERE TO HELP YOU MAKE INFORMED DECISIONS ABOUT FITNESS TRAINING AND NUTRITION. IT IS NOT A SUBSTITUTE FOR OR AN ADDITION TO ANY ADVICE GIVEN TO YOU BY YOUR PHYSICIAN.
BEFORE ADHERING TO ANY NUTRIFONE INFORMATION OR RECOMMENDATIONS YOU MUST CONSULT YOUR PHYSICIAN. PLEASE UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR THE WAY INFORMATION ON THE NUTRIFONE WEBSITE IS PERCEIVED AND UTILIZED AND YOU DO SO AT YOUR OWN RISK.
NUTRIFONE SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN, EITHER WHOLLY OR IN PART, BASED ON THE INFORMATION PROVIDED ON NUTRIFONE WEBSITE, OR FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY RESULTING FROM ANY TRANSACTIONS CONDUCTED WITH ANY ONLINE MERCHANT OR OTHER THIRD PARTY LISTED ON NUTRIFONE WEBSITE. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN NUTRIFONE WEBSITE OR AVAILABLE THROUGH OUR OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTRIFONE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS REPRESENTATIONS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, WORMS, AND OTHER OPERATING PROBLEMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN ADDITION, SINCE NUTRIFONE CANNOT VERIFY ALL INFORMATION PROVIDED BY ONLINE MERCHANTS AND OTHER THIRD PARTIES, AND ERRORS IN GATHERING OR REPORTING SUCH INFORMATION MAY OCCUR DUE TO THE LARGE VOLUME OF MERCHANTS WITH MANY DIFFERENT PRODUCTS AND SERVICES, NUTRIFONE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA NUTRIFONE WEBSITE OR OTHER SERVICES IS ALWAYS ACCURATE, COMPLETE OR CURRENT, AND SHALL NOT BE LIABLE FOR OR RESPONSIBLE TO HONOR (OR TO CAUSE ANY MERCHANT TO HONOR) ANY ERRONEOUS INFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY OF, OR ANY DISCOUNTS, OFFERS, PROMOTIONS AND COUPONS RELATING TO, ANY PRODUCT OR SERVICE OFFERINGS AVAILABLE ON NUTRIFONE WEBSITE OR THROUGH ITS OTHER SERVICES. FURTHERMORE, DUE TO THE DYNAMIC NATURE OF ONLINE SHOPPING, ALL INFORMATION REGARDING SUCH MATTERS IS SUBJECT TO CHANGE WITHOUT NOTICE. NUTRIFONE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH NUTRIFONE SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, WHETHER OR NOT THEY WERE ACCESSED VIA NUTRIFONE WEBSITE OR OTHER SERVICES.
Liability Limitation
In no event shall Nutrifone or its affiliates or agents (the "Nutrifone Parties") be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from Nutrifone website or through its other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more Nutrifone Parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and Nutrifone agree that this is a fair allocation of risk based upon the manner and cost by which Nutrifone services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. Furthermore, in no event shall the Nutrifone Parties be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, even if Nutrifone has been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Some states may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Third-Party Sites
Nutrifone website, surveys, or other services may include links to other sites on the Internet that are owned and operated by online merchants, survey incentive vendors, and other third parties. You acknowledge that Nutrifone is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Nutrifone is not responsible therefore.
Dispute Resolution
Nutrifone will do its best to resolve any problems or issues that you may have with Nutrifone website or services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of Nutrifone website or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in New Jersey, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in New Jersey pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
Other Terms
Nutrifone website and its other services are operated and provided in the State of New Jersey, USA. As such, we are subject to the laws of the State of New Jersey, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that Nutrifone website or its other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of New Jersey. You are in the best position to know whether your use of Nutrifone site or its other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to Nutrifone website or its other services, and operation of Nutrifone website or its other services may be interfered with or adversely affected by numerous factors or circumstances outside of Nutrifone control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by Nutrifone, in our sole discretion, to a third party in the event of a merger or acquisition. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a Nutrifone Member or participation in any other program or service offered by Nutrifone. You agree that by accepting this User Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Notice.
You agree to comply with Nutrifone website rules and with all laws and regulations applicable to your access and use of the Nutrifone website and publishing your content. You may not harvest personal data (including email addresses) from Nutrifone website, and specifically you may not use email addresses displayed on Nutrifone website to ask users to join or contribute to your services. Nutrifone reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Nutrifone has no obligation to monitor your access to or use of Nutrifone website, but has the right to do so for the purpose of operating Nutrifone website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access Nutrifone website or collect information from it.
General
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Nutrifone. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Nutrifone.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2005-2007 Nutrifone, with all rights reserved, or is the property of Nutrifone and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of Nutrifone website for the sole purpose of using this site as a shopping resource. Any other use of materials on Nutrifone website, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Nutrifone is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy Nutrifone web pages or the content contained therein without prior written permission of an authorized officer of Nutrifone.
Nutrifone™ is trademark of Nutrifone. Nutrifone service marks/trademarks may not be used in connection with any product or service that is not provided by Nutrifone, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nutrifone.
All other trademarks displayed on Nutrifone website are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Nutrifone and these companies.
Nutrifone disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
Attn: General Counsel
Nutrifone, Inc.
355 Liberty Road
Englewood, NJ 07631 |
