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The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
Last Updated June 30, 2007
Introduction
Welcome to NutritionalSupplement4Fitness.com. This Terms of Use Agreement
sets forth the Agreement between “The NutritionalSupplement4Fitness.com" or "we" and
each user ("you" or "user") governing the use by
you of this site. NutritionalSupplement4Fitness.com. is a wholly-owned
subsidiary of NutritionalSupplement4Fitness.com. All orders accepted
herein are fulfilled by NutritionalSupplement4Fitness.com Industries,
which is subject to all of the provisions set forth herein. Please
read this Agreement carefully before using this site. By using this
site, you signify your assent to this Terms of Use Agreement. If you
do not agree to the terms and conditions contained in this Terms of
Use Agreement, you may not access or otherwise use this site. This
Agreement does not apply to any transaction or relationship between
the parties that is not related to the use of this website and/or the
purchase and sale of merchandise through this website.
Not Healthcare Advice
The products, information, services and other content provided on and
through this site, including without limitation any products, information,
services and other content provided on any Linked Site, are provided
for informational purposes only to facilitate discussions with your
physician or other healthcare professional (collectively, "Healthcare
Professional") regarding treatment options.
The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare 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 speak with your Healthcare 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 physician or healthcare professional regarding any interactions between any medication you?re currently taking and nutritional supplements.
The NutritionalSupplement4Fitness.com site and it’s owners or employess are not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any site to which this site links (each a "Linked Site"). You are advised that other sites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. NutritionalSupplement4Fitness.com expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.
Copyright and Trademarks
All website design, text, graphics, sound, software and other content,
and the selection and arrangement thereof, are the property of NutritionalSupplement4Fitness.com
or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their respective
copyright owners. Permission is granted to electronically copy and
to print in hard copy portions of this website for the sole purpose
of placing an order with NutritionalSupplement4Fitness.com or using
this website as a shopping vehicle.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of NutritionalSupplement4Fitness.com, is strictly prohibited.
NutritionalSupplement4Fitness.com, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of NutritionalSupplement4Fitness.com or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
No Warranty - Disclaimer
NutritionalSupplement4Fitness.com is providing this site and its contents
on an "as is" basis. NutritionalSupplement4Fitness.com and
its officers, directors, employees, agents, licensors, suppliers, content
providers and the like (together, "affiliates") make no representations
or warranties of any kind, express or implied, with respect to this
site or its contents, including without limitation the products, information
or services offered or sold on or through this site or any Linked Site
and the uninterrupted and error-free use of this site. NutritionalSupplement4Fitness.com
and its affiliates expressly disclaim all such representations and
warranties, including without limitation all warranties of merchantability,
accuracy, timeliness, completeness, fitness for a particular purpose
and non-infringement. NutritionalSupplement4Fitness.com and its affiliates
do not warrant that the site or files available on the site will be
free from corrupted data, computer viruses or similar destructive or
contaminating code. No oral or written statements by NutritionalSupplement4Fitness.com
or its affiliates will create any warranty not expressly set forth
herein. Your use of this site and any Linked Site is at your sole risk.
Order Acceptance
Please note that there may be certain orders that we are unable to accept
and must cancel. We reserve the right, at our sole discretion, to refuse
or cancel any order for any reason. For your convenience, you will
not be charged until your payment method is authorized, the order information
is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
NutritionalSupplement4Fitness.com strictly follows all national regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States.
Prices & Currency
The prices displayed on this Site are quoted in U.S. dollars and are
valid and effective only within the United States, and such prices
do not include shipping and handling or sales taxes, if applicable,
which will be added to your total invoice price. You are responsible
for the payment of any shipping and handling charges and state and
local sales or use taxes that may apply to your order.
Pricing or Typographical Errors
We work hard to provide accurate product and pricing information. However,
pricing or typographical errors may occur. In the event that an item
is listed at an incorrect price or with incorrect information due to
an error in pricing or product information, NutritionalSupplement4Fitness.com
shall have the right, at our sole discretion, to refuse or cancel any
orders placed for that item. If an item is incorrectly priced, we will
either contact you for instructions or cancel your order and notify
you of such cancellation. Prices and availability are subject to change
without notice.
Quantity Limits and Items for Resale
NutritionalSupplement4Fitness.com reserves the right to limit the quantity
of items purchased per person, per household or per order. These restrictions
may be applicable to orders placed by the same account, the same credit
card, and also to orders that use the same billing and/or shipping
address. We will provide notification to the customer e-mail and/or
billing address provided should such limits be applied. NutritionalSupplement4Fitness.com
also reserves the right to prohibit sales to dealers.
Limitation of Liability
NutritionalSupplement4Fitness.com AND ITS AFFILIATES 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
THIS SITE, INCLUDING WITHOUT LIMITATION 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 LINKED SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
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 WITHOUT LIMITATION NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY
OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NutritionalSupplement4Fitness.com
AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND
THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE
THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of NutritionalSupplement4Fitness.com and its affiliates for any reason, 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 NutritionalSupplement4Fitness.com on this site.
You agree to indemnify, defend and hold harmless NutritionalSupplement4Fitness.com and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation 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 violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
Site Usage/Termination of Usage
You agree to be responsible for all charges resulting from the use of
your account on the site, including charges resulting from unauthorized
use of your account prior to your taking steps to prevent such occurrence
by notifying NutritionalSupplement4Fitness.com.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by NutritionalSupplement4Fitness.com for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not NutritionalSupplement4Fitness.com and its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or NutritionalSupplement4Fitness.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. NutritionalSupplement4Fitness.com also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in NutritionalSupplement4Fitness.com's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or NutritionalSupplement4Fitness.com or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.
You agree that NutritionalSupplement4Fitness.com may terminate or suspend your access to all or part of this site, without notice, for any conduct that NutritionalSupplement4Fitness.com, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, NutritionalSupplement4Fitness.com or its affiliates.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with
the laws of the State of Maryland without regard to choice of law rules.
Each user agrees to submit to personal jurisdiction in the State of
Maryland and further agrees that any cause of action arising from or
relating to the use of this site or this Agreement shall be brought
exclusively in Federal or State Courts for Montgomery County, Maryland.
Severability; 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."
Entire Agreement
This Agreement constitutes the entire and only Agreement between NutritionalSupplement4Fitness.com
and each user of this site with respect to the subject matter of this
Agreement and supercedes any and all prior or contemporaneous Agreements,
representations, warranties and understandings, written or oral, with
respect to the subject matter of this Agreement. You agree to review
this Agreement prior to your use of this site and your use of this
site shall be deemed acceptance of and assent to this Agreement by
you.
Changes to Terms of Use Agreement
This information was last updated on June 30, 2007. NutritionalSupplement4Fitness.com
may, in its sole discretion, amend this Terms of Use Agreement from
time to time. Please check this Agreement area periodically for changes.
Use of this website after any modification implies that you consent
to this Agreement as modified.
Miscellaneous
The failure of NutritionalSupplement4Fitness.com or its 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 "No Warranty - Disclaimer" and "Limitation
of Liability" provisions of this Agreement are for the benefit
of NutritionalSupplement4Fitness.com and its 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.
With the prior agreement of NutritionalSupplement4Fitness.com, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held in Montgomery County, Maryland, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.