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TERMS OF USE AGREEMENT

This website, and the various content, features and services offered on this website (collectively, the “Site”), is owned and/or operated by and/or used under license from NutraMarks, Inc. This Terms of Use Agreement (“Agreement”) sets forth the agreement between NutraMarks, Inc. (“NutraMarks” or “we” or “us”) and each user (“you” or “user”) governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.

 

The terms of this Agreement may change from time to time. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. In addition, certain areas of the Site may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these terms, the additional terms will control.

 

THIS SITE IS FOR INFORMATIONAL PURPOSES AND DOES NOT PROVIDE MEDICAL ADVICE

 

All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION, EVEN FOR YOURSELF. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THIS SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS PRIOR TO BEGINNING ANY SUPPLEMENT PROGRAM OR IF YOU HAVE HEALTH CONCERNS OR ISSUES.

 

PROPRIETARY RIGHTS

 

You acknowledge and agree that all content included on or through the Site, including, but not limited to, text, graphics, logos, buttons, icons, images, software and the selection and arrangement thereof (collectively, “Materials”), is the property of NutraMarks 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 the 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, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of NutraMarks or the respective copyright owner. NutraMarks 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 NutraMarks 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 NutraMarks and/or its suppliers or licensors

 

USE OF SERVICES AND PROHIBITED ACTIVITIES

 

In connection with your use of this Site, you acknowledge and agree that you will not: (1) Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site; (2) Access the Site by any means other than through the standard industry-accepted or NutraMarks-provided interfaces; (3) Post or transmit any material that contains a virus or corrupted data; (4) Delete any author attributions, legal notices or proprietary designations or labels; (5) Violate any applicable local, state, national or international law, rule or regulation or use the Site for any purpose that is prohibited by these terms and conditions; (6) Manipulate or otherwise display the Site by using framing or similar navigational technology; (7) Register, subscribe or unsubscribe any party for any NutraMarks product or service if you are not expressly authorized by such party to do so; (8) Use the Site in any manner that could damage, disable, overburden or impair NutraMarks’ servers or networks, or interfere with any other user’s use and enjoyment of the Site; (9) Gain or attempt to gain unauthorized access to any of the Site, accounts, computer systems or networks connected to NutraMarks through hacking, password mining or any other means; (10) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or harvest or otherwise collect information about other users without their consent.

 

COMMERCIAL TRANSACTIONS

 

Certain products or services may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by NutraMarks or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

 

By providing NutraMarks with your credit card number and associated payment information, you agree that NutraMarks, and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the services and/or purchase of products. In the event that access to an applicable service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify NutraMarks of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account.

 

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or providers, NutraMarks shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. NutraMarks shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, NutraMarks shall immediately issue a credit to your credit card account in the amount of the incorrect price.

 

You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, follow the instructions in the Contact Us section of this website.

 

ACCOUNTS, PASSWORDS AND SECURITY

 

If the Site requires you to open an account, you must complete the registration process by providing NutraMarks with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to NutraMarks which is untrue, inaccurate, not current or incomplete, NutraMarks reserves the right to terminate your access and use of the Site. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify NutraMarks immediately of any unauthorized use of your account or any other breach of security. Neither NutraMarks nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by NutraMarks, its licensors or another party due to someone else using your account or password.

 

DISCLAIMER OF WARRANTIES

 


THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUTRAMARKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, SERVICES OR ANY PRODUCTS INCLUDED ON OR THROUGH THE SITES. NUTRAMARKS DOES NOT WARRANT OR REPRESENT THAT THIS SITE WILL BE FREE OF ERRORS, VIRUSES OR HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUTRAMARKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR THIS SITE AND FOR PRODUCTS AND SERVICES OFFERED ON THIS SITE.

 

LIMITATION OF LIABILITY

 

YOU AGREE THAT THE SOLE AND MAXIMUM LIABILITY OF NUTRAMARKS AND ITS LICENSORS ARISING FROM THIS SITE AND ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THIS SITE SHALL BE THE AMOUNTS, IF ANY, THAT YOU PAID TO NUTRAMARKS. IN NO EVENT SHALL NUTRAMARKS, ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THIS SITE OR THE PRODUCTS OR SERVICES OFFERED ON OR THOROUGH THIS SITE.

 

LINKS

 

This Site may provide links to other web sites, which are not under the control of NutraMarks. NutraMarks is not responsible in any way for the content, operation or products of such other web sites. NutraMarks provides such links only as a convenience, and the inclusion of any link to any such web sites does not imply endorsement by NutraMarks of the content of such sites.

 

GENERAL INFORMATION

 


This Agreement and the relationship between you and NutraMarks shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You and NutraMarks agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of Utah, and waive any jurisdictional, venue or inconvenient forum objections to such courts. The failure of NutraMarks to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.