PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Please do not use this site if you do not agree to all these Terms and Conditions.
AGREEMENT BETWEEN USER AND NUTRIGENETICS UNLIMITED, INC. (hereafter referred to as “NU” or as “NU Web Site” or as “NU Site”).
The NU Web Site is comprised of various Web pages operated by NU.
The NU Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NU Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
NU reserves the right to change the terms, conditions, and notices under which the NU Web Site is offered, including but not limited to the charges associated with the use of the NU Web Site.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the NU Site, including bibliographic citations, graphics, images, or information obtained from any of NU's licensors, and any other materials contained on the NU Web Site ("Content") are for informational purposes only. The Content is 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 are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs. Never disregard professional medical advice or delay in seeking it because of something you have read on the NU Site!
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
SUBSCRIPTION SERVICES
If you choose to subscribe to one of NU's subscription services ("Subscription Services"), the following additional terms and conditions will apply depending on which service you choose. You should be aware that the NU Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect. You agree that NU may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. NU reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
MEMBERSHIP CANCELLATION AND REFUND
A membership year begins on the calendar day (for example, March 20th) when a member subscribes and concludes on the day before that calendar date on the following year (for example, March 19th).
Cancellation: You are financially responsible for the annual membership fee until you notify NU that you are canceling your membership. You may cancel your membership at any time. Cancellations become effective during the day on which they occur. You may cancel your membership to NU as follows:
By email: send an email to membership@nutrigenetics.net from the email account on file with NU and indicate within the body of the message your intent to cancel. Be sure to include your first and last name, and your username.
By U.S. mail: send a brief letter, including your first and last name, username and email address, and mail it to: Nutrigenetics Unlimited Inc., Attn: Membership, 1742 Peacock Lane, Fullerton, CA 92833.
Refund: Upon cancellation, you will receive a pro-rated refund for the unused portion of the subscription year.
Other questions or comments unrelated to membership should be directed by electronic mail to info@nutrigenetics.net or via U.S. mail to Nutrigenetics Unlimited, Inc., 1742 Peacock Lane, Fullerton, CA 92833. We try to answer letters and emails in a timely manner.
LINKS TO THIRD PARTY SITES
The NU Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of NU and NU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NU is not responsible for webcasting or any other form of transmission received from any Linked Site. NU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NU of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NU Web Site, you warrant to NU that you will not use the NU Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NU Web Site in any manner which could damage, disable, overburden, or impair the NU Web Site or interfere with any other party's use and enjoyment of the NU Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NU Web Sites.
LOGIN INFORMATION NOT TO BE SHARED
All login information such as usernames and passwords are intended to be used on an individual basis only. Sharing such information to allow unauthorized access to other individuals is prohibited.
USE OF COMMUNICATION SERVICES
The NU Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
NU has no obligation to monitor the Communication Services. However, NU reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NU reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
NU reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NU's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NU does not control or endorse the content, messages or information found in any Communication Service and, therefore, NU specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NU spokespersons, and their views do not necessarily reflect those of NU.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO NU OR POSTED AT ANY NU WEB SITE
NU does not claim ownership of the materials you provide to NU (including feedback and suggestions) or post, upload, input or submit to any NU Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NU, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. NU is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NU's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NU WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NU AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NU WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE NU WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NU AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NU WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NU AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NU WEB SITE, WITH THE DELAY OR INABILITY TO USE THE NU WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NU WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NU WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NU WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NU WEB SITE.
SERVICE CONTACT : info@nutrigenetics.net Nutrigenetics Unlimited, Inc., 1742 Peacock Lane, Fullerton, CA 92833.
TERMINATION/ACCESS RESTRICTION
NU reserves the right, in its sole discretion, to terminate your access to the NU Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of the NU Web Site. Use of the NU Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NU as a result of this agreement or use of the NU Web Site. NU's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NU's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NU Web Site or information provided to or gathered by NU with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NU with respect to the NU Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NU with respect to the NU Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the NU Web Site are: Copyright 2008 Nutrigenetics Unlimited, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.