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TERMS
OF USE
In
consideration for use of the Nutrition2000.com, website,
you unconditionally agree to the following Terms of Use
without restriction, which constitute the entire
agreement between you and Nutrition2000.com and constitute
a legally binding agreement contractual in nature.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS WEB SITE.
The
Terms of Use contain important information and create a
legally binding contract. By accessing or using our
Site, you agree to abide by these Terms of Use and our
Privacy Policy and or Legal Copyright Notice and
Business Policies Practices. Nutrition2000.com may make
improvements or changes in the information and services
available on the Site or terminate this Site, at any
time without notice and may modify this Agreement at any
time, and such modification shall be effective
immediately upon posting of the modified Agreement. You
agree to review this Agreement periodically to ensure
that you are aware of any modifications.
Medical Disclaimer
THIS
SITE DOES NOT PROVIDE MEDICAL ADVICE.
The
contents of the Site, such as text, graphics, images,
information, references, product selections, is for
informational purposes only. The Site, content, and
products have not been evaluated by the FDA and are not
intended to be a substitute for professional medical
advice, diagnosis or treatment. Always seek the advice
of your physician or other qualified health provider
with any questions you may have regarding a medical
condition. You should seek medical attention before
undertaking any diet, exercise or other health program
described on the Site. Reliance
on any information provided by or via the Site is solely
at your own risk.
The
information provided on this website is not intended nor
should it be used as a substitute for professional
medical advice. You should not use the information on
our Site to diagnose or treat a health problem or
disease. The provision of health care services should be
performed by your personal physician or health
caregiver. You should consult your own physician or
qualified health care provider regarding the
applicability of any suggestions you receive from this
Site, and any questions or concerns you may have with
respect to your symptoms or medical condition.
Nutrition2000.com assumes no responsibility for use of
information from this website. Nutrition2000.com expressly
disclaims all responsibility and liability arising from
your use of or reliance on this Site, as well as for any
claims that may result directly or indirectly from your
use of this information, including, but not limited to,
claims for medical, nursing, or health care malpractice.
We do not diagnose on this website. We do not treat
medical conditions or prescribe medications or
treatments for anyone using this website.
The Site
contains health or medically related materials.
Information obtained by using the Site is not exhaustive
and does not cover all diseases, ailments, physical
conditions or their treatment. The Content provided by
is compiled from numerous sources. Nutrition2000.com ,
Nutrition2000.com and its directors, officers, employees,
licensors, suppliers, agents and independent
contractors, do not directly or indirectly practice
medicine, nursing, or any other health care, or provide
medical services in relation to the Site. Should you
have any health care related questions, please call or
see your physician or other health care provider
promptly. You should never disregard medical advice or
delay in seeking it because of something you have read
on the Site. If you think you may have a medical
emergency, call your doctor or 911 immediately.
Liability of Nutrition2000.com
If you
are dissatisfied with Nutrition2000.com website, any
information or products found thereon, or with any Terms
of Use, Business Policies and Practices, or Privacy
Policies, your sole and exclusive remedy is to
discontinue using the website, its products,
information, and services.
The
Site, the Content, and any and all services or products
promoted via the Site are provided on an “as is” basis.
The use of the Site, the content and any product or
service discussed or promoted via the Site is at your
own risk. When using the Site, information will be
transmitted over a medium that is beyond the control and
jurisdiction of Nutrition2000.com and its suppliers.
Accordingly, Nutrition2000.com assumes no liability for or
relating to the delay, failure, interruption or
corruption of any data or other information transmitted
in connection with use of the Site. While
Nutrition2000.com
purchases products from third parties, it does not
control the manufacture or formulation of the products,
nor does it control any statements about products other
than those on the Site. Therefore, Nutrition2000.com,
TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Specifically, Nutrition2000.com , makes no representations
or warranties that: (1) the services, products, content,
software, text, graphics, links or communications
provided on or through use of the Site, by
Nutrition2000.com, are accurate, reliable, complete, timely
or error-free; (2) files available for downloading from
or via this online Site will be free of infection by
viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties; (3)
the results that may be obtained from the use of the
Services or Products or Content will be reliable; (4)
the quality or efficacy of any product and/or service
discussed, promoted, obtained, or purchased within or
via the Site, its Services or Content will meet your
expectations; or (5) any errors in the Services or
Content will be corrected.
Nutrition2000.com is not liable for any personal injury,
including death, caused by your use or misuse of the
Site or content or by any products you purchase. In no
event shall Nutrition2000.com or any third parties be
liable for any damages (including, without limitation,
incidental and consequential damages, personal
injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption)
resulting from the use or inability to use the Site or
the content whether based on warranty, contract, tort or
any other legal theory, and whether or not
Nutrition2000.com is advised of the possibility of such
damages. Any liability of Nutrition2000.com shall be
limited to the actual damages incurred by you, not to
exceed U.S. $1000.
The
above exclusions may not apply in jurisdictions that do
not allow the exclusion of certain warranties. Any
claims arising in connection with your use of the Site
or any Content must be brought within one (1) year of
the date of the event giving rise to such action
occurred. Remedies under these Terms of Use are
exclusive and are limited to those expressly provided
for in these Terms of Use.
We do
not endorse one specific company, one specific doctor,
or one specific product line, nor do the health care
providers referenced on the Site. We do not have a
single "brand". We select products, services and
resources from many sources, companies, and
manufacturers.
Limitation of Warranty/Limitation of Liability
USE OF
THIS SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT
ARE PROVIDED "AS IS". IN NO EVENT SHALL
Nutrition2000.com
BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING FROM NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS
WEBSITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THIS
WEBSITE. EXCEPT AS SET FORTH HEREIN, Nutrition2000.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Nutrition2000.com is not liable for any personal injury,
illness, disability, including death, caused by your use
of the Site, Site information, or products purchased on
the Site.
Indemnity
You
agree to defend, indemnify and hold Nutrition2000.com , its
officers, directors, employees, agents, licensors and
suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including
without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your
violation of these Terms of Use.
General
Nutrition2000.com makes no claims that the Content is
appropriate or may be downloaded outside of the United
States or in all states within the United States. Access
to the Content may not be legal by certain persons or in
certain countries or states. If you access the
Nutrition2000.com websites from outside the United States
or from any state in the United States, you do so at
your own risk and are responsible for compliance with
the laws of your jurisdiction. All Provisions survive
the expiration or termination of these Terms of Use for
any reason whatsoever.
Disputes
Any
claim or controversy arising out of or related to this
Agreement, the Site, or the services or products
provided on or through the Site shall be settled by
binding arbitration to be held in state of incorporation
in accordance with the rules of the American Arbitration
Association. Any such claim or controversy shall be
arbitrated on an individual basis and shall not be
consolidated with a claim of any other party. The
foregoing shall not preclude Nutrition2000.com from
seeking any injunctive relief in any court of competent
jurisdiction for protection of Nutrition2000.com
intellectual property rights. You further agree and
expressly consent to the exercise of personal
jurisdiction in the courts of the state of incorporation
for the enforcement of this arbitration agreement and of
any arbitration award in connection with any such
dispute including any claim involving Nutrition2000.com or
its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers and
content providers. State of jurisdiction may be changed
only by Nutrition2000.com as needed by posting amendment
to these Terms of Use. These Terms of Use are governed
by internal substantive laws, without respect to its
conflict of the laws principles. If any provision of
these Terms of Use is found to be invalid by any court
having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in
full force and effect. No waiver of any of these Terms
of Use shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
ACCURACY, TIMELINESS, AVAILABILITY
Despite
frequent updates, the constantly changing field of
health may render some of the information on this Site
obsolete or invalid before we are able to correct it.
Nutrition2000.com cannot absolutely guarantee the accuracy
or completeness of the information provided on this
Site, but are confident enough to publish it. We will
not be liable for any direct, consequential or
incidental damages, whether foreseeable or not, which
may result from the unavailability, interruption, or
malfunction of our Site. Nutrition2000.com does not
endorse one specific company, one specific doctor, or
one specific product line, nor do the health care
providers referenced on the Site. We do not make
referrals to health care providers. We do not have a
single "brand". We select products, services and
resources from many sources, companies, and
manufacturers.
PRIVACY POLICY
PRIVACY OF PERSONAL FINANCIAL INFORMATION
Your
privacy is important to us. To better protect your
privacy, we provide this notice explaining what
information we collect, how we might use that
information and the choices you can make about the way
your information is collected and used at the Site. We
are firmly committed to the privacy of our visitors'
personal and financial information. The following
discloses our information gathering and dissemination
practices. This Site does not collect personally
identifying information about individuals except when
such information is specifically and knowingly provided
by such individuals. Our site's subscription or order
forms require users to give us contact information (like
name and email address) and financial information (like
account or credit card numbers). The customer's contact
information is used for billing purposes, and to contact
the visitor when necessary. We will never release your
name, street address, telephone number or e-mail address
for purposes other than those stated without your
consent.
Financial information that is collected is used only for
the purpose of completing the transaction to fulfill the
user's request for products or services that we offer
via our website. Information obtained from visitor
e-mails, chat rooms, bulletin boards, or via any other
on-line forms may be collected and used in an anonymous
format as part of Frequently Asked Questions or other
educational pages if it could help others resolve
similar problems or answer similar questions. Such
information will contain no personally identifying
information.
SECURITY
We have
put in place physical, electronic, and managerial
procedures that we believe are reasonable to safeguard
and help prevent unauthorized access, maintain data
security, and correctly use the information we collect
online. However, you provide information to us at your
own risk. Nutrition2000.com will disclose information we
maintain when required to do so by law and as set forth
herein. Sensitive areas of the Site employ
industry-standard computer encryption (Secure Socket
Layer) technology, widely accepted e-commerce protocols,
and other security measures to protect against the loss,
misuse and alteration of the information under our
control. Despite these safeguards, we cannot guarantee
that our security will not be breeched.
IP ADDRESS INFORMATION
We may
use your IP address to help diagnose problems with our
server, and to create a body of statistical information
on how the public uses our Site, and to help us
administer our Website. IP addresses are used in the
aggregate only, to determine broad demographic
information.
COOKIES
"Cookies” are pieces of information that may be placed
on your computer by a web Site for the purpose of
facilitating and enhancing your communications and
interaction with that web Site. Cookies may possibly be
used for such things as: (1) to customize your
visitation and shopping experience, (2) to deliver
content consistent with your stated interests, (3) to
provide you with custom-tailored content, or (4) to save
your password in password-protected areas. The use of
cookies is an industry standard — you will find them at
most major web sites. Most browsers are initially set to
accept cookies. If you would prefer, you can set yours
to refuse cookies or to alert you when cookies are being
sent. However, it is possible that some parts of the
Site will not function properly if you do so. Cookies,
by themselves, do not tell us your E-mail address or
other personally identifiable information unless you
choose to provide this information to us by, for
example, placing an order. However, once you choose to
furnish the Site with personally identifiable
information, this information may be linked to the data
stored in the cookie. We use cookies to understand Site
usage and to improve the content and offerings on our
Site.
INFORMATION COLLECTED
Nutrition2000.com collects personally identifiable
information that you provide to us. The types of
personally identifiable information that may be
collected at these web pages may include, without
limitation: Our site's subscription or order forms
requires users to give us contact information (like name
and email address) and financial information (like
account or credit card numbers). The customer's contact
information is used for billing purposes, and to contact
the visitor when necessary. We also may collect
information you provide as part of a User Submission. We
also may collect certain non-personally identifiable
information when you visit many of our web pages. This
information is collected automatically and includes
information such as the type of browser you are using
(e.g., Netscape, Internet Explorer), the type of
operating system you are using, (e.g., Windows ‘98 of XP
or Mac OS) and the domain name of your Internet service
provider (e.g., America Online, Earthlink). We may use
the non-personally identifiable information that we
collect to improve the design and content of the Site
and to enable us to personalize your Internet
experience. We may also use this information in the
aggregate to analyze Site usage, as well as to offer you
services, programs, or products. We may also sell,
transfer or otherwise distribute certain aggregated
non-personal information to third parties.
Nutrition2000.com may on occasion combine information we
receive online with outside records to enhance our
ability to offer information or market to you those
services or products that may be of interest to you.
LINKS TO AND FROM OTHER SITES
This
Site contains links to and from other sites.
Nutrition2000.com does not endorse the content on any
third-party websites and is not responsible for the
content of linked third-party sites, sites framed within
Nutrition2000.com sites, or third-party advertisements,
and does not make any representations regarding their
content or accuracy. Your use of third-party websites is
at your own risk and subject to the terms and conditions
of use for such sites. We are not affiliated with
any such
sites and have no right, opportunity or responsibility
to control what other proprietors do. These links are
provided for your convenience only. Nutrition2000.com is
not responsible for the privacy practices, content,
performance, or transactions carried out on Websites to
which we have links. Certain pages of our Site may have
been created as a result of co-branding agreements with
other sites, and will be identified as such. Information
that may be gathered on those pages will only be shared
with our co-branding partners for the purposes clearly
stated on those pages and limited to the extent
necessary to for us to fulfill the visitor's request for
products or services
PUBLIC FORUMS
This
Site may make chat rooms and message boards available to
its users and reserves the right to discontinue any
users' use of any such public forum for any reason. Your
participation in these areas of the Site is solely at
your own risk. Information that is disclosed in these
areas becomes public information and you should exercise
caution when deciding to disclose any personal or
medical information. Be aware that when you voluntarily
disclose such information such as your email address on
the bulletin boards or in the chat areas, that others
can collect that information and send you unsolicited
messages from their own systems.
Nutrition2000.com reserves the right in its sole
discretion to restrict visitors’ access to any area of
the Site as we deem necessary. All information in these
areas is subject to our review, random monitoring,
editing, deletion or blocking in our sole discretion and
without prior notice. We cannot be held responsible for
any material that is posted by visitors to the chat and
bulletin board areas of our Site, and we cannot
guarantee the accuracy or endorse any of the statements
made therein. We may assign moderators for discussions
in chat rooms, but we cannot control the comments of
users. You may not post or transmit any message which
discloses private or personal matters concerning others.
You may not post or transmit any material which may in
our discretion be indecent, obscene or pornographic, or
violates the property rights of others. You may not
interfere with other user's use of the Site, or post or
transmit any file which contains viruses, worms, Trojan
horses or any other contaminating or destructive
features. You may not solicit business, charity
donations, petitions form signatures, chain letters on
Nutrition2000.com websites, 'spamming,' bulk
communications, or messages relating to pyramid schemes.
The transmission or posting of advertising, promotional
materials or any other solicitation of other users to
use goods or services by visitors in these areas is
prohibited. You may not impersonate any other person or
entity, whether actual or fictitious, including
impersonating an employee or consultant of
Nutrition2000.com . Nutrition2000.com is not responsible for
any person who violates the prohibitions set forth
herein and users of our Site should be aware of the
possibility that such abuses of our Site can occur and
use caution. If any chat room or public or private
communication forum is being abused, we reserve the
right to close it at any time for any period of time.
GENERAL
REVISIONS
The
Terms of Use, Privacy Security Policy, Copyright & Legal
Notices, Business Policy & Practices, Site content,
products, and procedures, may be revised, modified,
altered or updated in the future without notification or
cause. You agree that after consenting, you will be
bound by such revisions, modifications, alterations, or
updates. If you do not accept the revised terms of the
Agreement, your sole and exclusive remedy is to
discontinue using Nutrition2000.com websites, its
products, information, and services.
The
Terms of Use, Privacy Security Policy, Copyright & Legal
Notices, Business Policy & Practices, as modified from
time to time as described on the websites, and including
the policies incorporated by reference, sets forth the
entire understanding and Agreement of the parties
relating to the subject matter hereof, and it supersedes
any prior or contemporaneous understandings of any kind
or nature. By agreeing to these terms, you represent
that you are not relying on any agreement,
representation or warranty pertaining to the subject
matter hereof that is not expressly set forth herein.
SEVERABILITY
The
provisions of this Agreement are severable, and in the
event any provision hereof is determined to be invalid
or unenforceable, such invalidity or unenforceability
shall not in any way affect the validity or
enforceability of the remaining provisions hereof.
AGE APPROPRIATE ACCESS
The
information available on this website, although health
related in nature, is not appropriate for children. We
recommend that parents supervise their children's use of
the internet. We have taken steps to provide rating
information that is designed to work with all of the
major blocking and parental control software programs
that are commonly available. If a parent learns that a
child has submitted personally identifying information
to our website, the parent should contact us immediately
so that the information may be deleted. We are not
responsible for any consequences should a child manage
to visit our Site.
RECEIVING EMAIL FROM US
Our Site
provides users the opportunity to opt-out of receiving
communications from us at the point where we request
information about the user. We will make a reasonable
effort to respond to your email inquiries in a timely
manner but cannot guarantee that we will respond to all
inquiries.
RECORD MAINTENANCE
Users
are given the opportunity to modify any information that
they previously provided or remove their information
from our databases completely, except for public forum
entries.
CONTACTING US
If you
have any questions about our site's Privacy, Policies &
Disclaimers, or have comments on your dealings with this
Website, you can contact: webmaster@Nutrition2000.com
COPYRIGHT
All text
and images are Copyright© 2007 by Nutrition2000.com .
All rights reserved. The Content is protected by
copyright under both United States and foreign laws.
Title to the Content remains with Nutrition2000.com . Any
use of the Content not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.
DISCLAIMER AND LIMITATION OF WARRANTY/LIABILITY
The
material provided on this page is not intended to be a
substitute for professional medical advice. The
provision of healthcare services should be performed by
your personal physician or health caregiver. Consult
them regarding the applicability of any information on
this Site with respect to your symptoms or medical
condition. Please review our Terms of Use page before
using this Site. Your use of this Site means you accept
those Terms of Use without restriction.
TERMS AND CONDITIONS OF USE OF ALL
Nutrition2000.com WEB
SITES
By
accessing and browsing our sites, you accept, without
limitation or qualification, all Terms and Conditions.
DISCLAIMER OF WARRANTIES
Nutrition2000.com publishes information on the Internet to
enhance public access to our information. Your use of
the service is at your sole risk. The service is
provided on an "as is" and "as available" basis.
Nutrition2000.com 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.
THERE
ARE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING
BEHAVIORAL STYLE ASSESSMENTS AND SUPPORTING MATERIAL,
INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR
WITH RESPECT TO THE ACCURACY, COMPLETENESS, OPERABILITY,
OR USEFULNESS OF ASSESSMENTS OR THE RESULTS THEREOF.
Nutrition2000.com makes no warranty that (i) the service
will meet your requirements, (ii) the service will be
uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of the service
will be accurate or reliable, (iv) the quality of any
products, services, information, or other material
purchased or obtained by you through the service will
meet your expectations, and (v) any errors in the
software will be corrected.
Any
material downloaded or otherwise obtained through the
use of the service is done at your own discretion and
risk and that you will be solely responsible for any
damage to your computer system or loss of data that
results from the download of any such material.
No
advice or information, whether oral or written, obtained
by you from Nutrition2000.com or through or from the
service shall create any warranty not expressly stated
in these terms.
Although
the information and profile assessments contained
herein, and on the Nutrition2000.com web sites, have been
compiled from sources believed to be reliable,
Nutrition2000.com, and assigns, makes no guarantee,
representation, assurance or warranty, express or
implied, as to, and assumes no responsibility for the
correctness, sufficiency or completeness of such
information or answers or of the scoring of profiles,
assessments, surveys, or tests contained herein.
ALL
ASSESSMENTS, SURVEYS, PROFILES, OR TESTS ARE PRESENTED
IN AN "AS IS" CONDITION AND ANY WARRANTIES FOR FITNESS
OF PURPOSE OF MERCHANTABILITY ARE HEREBY EXPRESSLY
DISCLAIMED.
LIMITATION OF LIABILITY
You
assume full responsibility, and Nutrition2000.com, , and
its owners, officers, and board, shall not be liable
for, (i) your use and application of profiles or
assessments, (ii) the adequacy, accuracy, interpretation
or usefulness of profiles or assessments, and (iii) the
results or information developed from your use or
application of profiles or assessments. You waive any
claim or rights of recourse on account of claims against
Nutrition2000.com, , and its owners, officers, and board,
either in your own right or on account of claims against
Nutrition2000.com, , and its owners, officers, and board by
third parties. You shall indemnify and hold
Nutrition2000.com, , and its owners, officers, and board,
harmless against any claims, liabilities, demands or
suits of third parties. The foregoing waiver and
indemnity shall apply to any claims, rights of recourse,
liability, demand or suit for personal injury, property
damage, or any other damage, loss or liability, directly
or indirectly arising out of, resulting from or in any
way web sites' assessments or information, or the use,
application, adequacy, accuracy, interpretation,
usefulness, information, or management, or the results
or information developed from any use or application of
profiles, assessments, or other information, and whether
based on contract obligation, tort liability (including
negligence) or otherwise. In no event will
Nutrition2000.com, , and its owners, officers, and board,
be liable for any lost profits or other consequential
damages, or for any claim against you by a third party,
even if Nutrition2000.com, , and its owners, officers, and
board, has been advised of the possibility of such
damages.
Nutrition2000.com, , and its owners, officers, and board,
shall not be liable for any direct, indirect,
incidental, special, consequential or exemp damages,
including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses
resulting from:(i) the use or the inability to use the
service; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data,
information or services purchased or obtained or
messages received or transactions entered into through
or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
All
claims arising out of the use of this Site shall be
governed by applicable laws and users of this Site
hereby irrevocably submit to the jurisdiction of the
state of incorporation, and agree to initiate and
prosecute any and all claims that may be brought against
Nutrition2000.com, and assigns, and irrevocably waive any
objection they may now or hereafter have as to the venue
of suits or that such Courts are an inconvenient forum.
Users of this Site further agree that Nutrition2000.com,
and assigns shall not be responsible or liable to users
or any other person as successor, assignee or third
party beneficiary of users for indirect, punitive,
exemp, special or consequential damages which may be
alleged as resulting, directly or indirectly, from the
use of this Site.
These
Terms and Conditions, copyright notices, legal notice,
business policies, privacy security statements, are
governed by the internal substantive laws of the state
of incorporation of Nutrition2000.com, , without respect to
its conflict of the laws' principles. If any provision
of these Terms and Conditions is found to be invalid by
any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver
of any of these Terms and Conditions, expressed or
implied, shall be deemed a further or continuing waiver
of such term or condition or any other term or
condition.
In no
event shall Nutrition2000.com, , and assigns, its
licensors, its suppliers or any third parties mentioned
on the Site, be liable for any damages (including,
without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits,
or damages resulting from lost data or business
interruption) resulting from the use or inability to use
the Site or the Content whether based on warranty,
contract, tort or any other legal theory, and whether or
not Nutrition2000.com is advised of the possibility of
such damages. Nutrition2000.com shall be liable only to
the extent of actual damages incurred by you, not to
exceed U.S. $1.00. Nutrition2000.com is not liable for any
personal injury, including death, caused by your use or
misuse of its Web Sites or Content.
INDEMNITY
Nutrition2000.com, , and its owners, officers, and board,
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, sub-contractors, and
employees, are indemnified from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of content, posted to or
transmitted through any Nutrition2000.com, web Site, the
use of our web sites, a violation of our Terms of Use,
or a violation of any rights of another.
You
agree to defend, indemnify and hold Nutrition2000.com , its
officers, directors, employees, agents, licensors and
suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including
without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your
violation of these Terms and Conditions.
COMPLETE AGREEMENT
Except
as expressly provided elsewhere on the web sites of
Nutrition2000.com , these Terms and Conditions, Policies,
Security & Privacy Statements, Legal and copyright
Notices, constitute the entire agreement between you and
Nutrition2000.com with respect to the use of the Site and
Content.
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