TERMS AND CONDITIONS
TERMS AND CONDITIONS
1. LICENSE GRANT - Subject to your continued strict compliance with the terms and conditions of this TOUA, Supplements USA, LLC. provides to you a revocable, limited, non-exclusive, royalty-free, non-sub-license permitted, and non-transferable license to use the WEBSITE. You may download and print materials and information from the WEBSITE solely for you personal use, provided that you do not remove any such hard copies, any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that the content layout, formatting, and features of and access priveledges for the WEBSITE shall be determined by Supplements USA, LLC. in its sole and absolute discretion. Supplements USA, LLC. has the right to control and direct the means, manner, and method by which the WEBSITE is provided. Supplements USA, LLC. may from time to time, engage independent contractors, consultants, or subcontractors to aid Supplements USA, LLC. in providing the WEBSITE or use thereof. Supplements USA, LLC. has the right to provide the WEBSITE to others. In addition, you hereby acknowledge and agree that this TOUA provides you with only limited license to access and use the WEBSITE. Accordingly, you hereby acknowledge and agree that Supplements USA, LLC. transfer no ownership or intellectual property interest or title in and to the WEBSITE to you or anyone else under this TOUA. Supplements USA, LLC. hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOUA.
2. RESTRICTIONS - Notwithstanding the foregoing license grant, you may not modify, translate, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sub-license, transfer, sell, mirror, frame, exploit, duplicate, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the WEBSITE. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the WEBSITE. Moreover, you may not use any "deep link", "page scrape", "spider", or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the WEBSITE or in any way reproduce or circumvent the navigational structure or presentation of the WEBSITE in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the WEBSITE. Attempts to gain unauthorized access to any portion or feature of the WEBSITE by hacking, password "mining", or any other illegitimate or prohibited means, probe, scan, or test the look-up, trace, or seek to trace any information on any other user or visitor to the WEBSITE, take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the WEBSITE or Supplements USA, LLC's. systems or networks or any systems or networks connected to the WEBSITE, use any device, software, or routine to interfere with the proper working of the WEBSITE or any transaction conducted on the WEBSITE, or with any other person's use the WEBSITE, forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Supplements USA, LLC. on or through the WEBSITE, use the WEBSITE to harvest or collect email addresses or other contact information, or use the WEBSITE in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Supplements USA, LLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY SUPPLEMENTS USA, LLC. TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS - By installing, accessing, or using this WEBSITE you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the State and/or Country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to this WEBSITE. Including, without limitation, when you provide any information to Supplements USA, LLC. via an email or any registration or submission form found on the WEBSITE. If you provide any false, inaccurate, untrue, or incomplete information, Supplements USA, LLC. reserves the right to in its sole discretion immediately and without notice terminate your access to and use of this WEBSITE and/or cancel any of your pending product purchases or registrations with Supplements USA, LLC. In addition, you agree to abide by all applicable local, State, national, and international laws and regulations with respect to your use of this WEBSITE. You also acknowledge and agree that use of the internet and this WEBSITE are solely at your own risk. While Supplements USA, LLC. has endeavored to create a secure and reliable WEBSITE, the confidentiality and any communications or material transmitted to/from the WEBSITE of the internet or any other form of global communication network cannot be guaranteed. Accordingly, Supplements USA, LLC. is not to any degree responsible or liable for the security of any information transmitted via the internet, the accuracy of the information contained on this WEBSITE, or for the consequences of any reliance on such information. You must make you own determination as to these issues.
4. USER NAME HANDLING POLICY - Registration as a user for access to certain areas of the WEBSITE may require both a user name and a password or adherence to other particular access requirements as designated by Supplements USA, LLC. in its sole and absolute discretion. Only one user can use one user name and password and thus, one account. By limiting access in this fashion, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the WEBSITE and to your account. Accordingly, by using the WEBSITE, you agree to consider your user name and password as confidential information and to keep your user name and password strictly confidential. You also agree not to use another user's name and password. Supplements USA, LLC. cannot and will not be liable to any degree for any loss or damage arising from your failure to comply with these obligations. Supplements USA, LLC. reserves the right to delete or change a user name or password at any time and for any reason in its sole and absolute discretion. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall by subject to the TOUA.
5. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS - Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the WEBSITE, all of which are made a part of this TOUA by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOUA and the terms posted for or applicable to a specific portion of the WEBSITE, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the WEBSITE, the latter terms shall control with respect to your use of that portion of the WEBSITE. Supplements USA, LLC's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this WEBSITE should be construed to alter such terms, conditions, notices, and agreements.
7. POSTINGS - This WEBSITE, and/or any social media page controlled by Supplements USA, LLC that is accessible directly through the WEBSITE ("Clarify dietary supplement Social Media Page"), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, "Forum"). To the extent the WEBSITE and/or any Supplements USA, LLC Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the WEBSITE and/or and Supplements USA, LLC Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
1. Anything that interferes with or disrupts the operation of the WEBSITE and/or Supplements USA, LLC's Social Media Page.
2. Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others.
3. Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others.
4. Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction.
5. Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person.
6. Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Supplements USA, LLC.
7. Statements or material that misrepresents your affiliation with any entity and/or Supplements USA, LLC.
8. Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials.
9. Statements or material that are "off-topic" for a designated Forum.
8. PERMISSION TO USE POSTINGS - You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or by otherwise using the WEBSITE and/or Supplements USA, LLC's Social Media Page to transmit or display a Posting, you automatically grant Supplements USA, LLC. a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicenseable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Supplements USA, LLC and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Supplements USA, LLC has no control over the extent to which any idea or information with a Posting may be used by any party or person once such content is posted or displayed on the WEBSITE and/or a Supplements USA, LLC Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that my merely permitting your information, content, and materials to appear on the WEBSITE and/or Supplements USA, LLC Social Media Page, Supplements USA, LLC has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Supplements USA, LLC assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
9. PROPRIETARY RIGHTS - All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of any content contained on or available through the WEBSITE, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Supplements USA, LLC and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other State, national, and international laws and regulations. Except as expressly provided in this TOUA, Supplements USA, LLC does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this WEBSITE may violate intellectual property of other proprietary rights laws of the United States and/or foreign nation, as well as other laws, regulations, and statutes. The WEBSITE is Copyright © 2016 Supplements USA, LLC and/or its licensors. All rights reserved. Supplements USA, LLC also owns a copyright in the contents of the WEBSITE as a collective work and/or compilation in the selection, coordination, arrangement, and enhancement of the content of the WEBSITE. Any downloadable or printable programs, information, or materials available through this WEBSITE and all intellectual property and/or proprietary rights related thereto, unless expressly indicated in writing, are owned exclusively by Supplements USA, LLC and/or its suppliers. Supplements USA, LLC, the Clarify logo, and all other names, logos, and icons identifying Supplements USA, LLC or Clarify, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Supplements USA, LLC, and any use of such marks without the prior express written permission of Supplements USA, LLC is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
10. ENFORCING SECURITY ON THE SITE - Actual or attempted unauthorized use of the WEBSITE may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Supplements USA, LLC reserves the unqualified right to view, monitor, and record activity on the WEBSITE without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the WEBSITE is subject to review by law enforcement organizations in the sole and absolute discretion of Supplements USA, LLC. Supplements USA, LLC will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Supplements USA, LLC reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the WEBSITE or any portion thereof.
11. THIRD PARTY PRODUCTS/SERVICES - Supplements USA, LLC, in its sole and absolute discretion, may post the advertisements of third parties on this WEBSITE and/or feature materials, programs, events, products, and services provided by third parties. Supplements USA, LLC makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other dealings with third parties found on this WEBSITE are solely between you and such third party. Supplements USA, LLC expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the WEBSITE, and you agree that Supplements USA, LLC shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties' materials, products, and/or services on this WEBSITE.
12. LINKS TO OTHER SITE - Supplements USA, LLC may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information, products, and services. These other websites have not necessarily been reviewed by Supplements USA, LLC and may be maintained by third parties over which Supplements USA, LLC exercises no control. Accordingly, Supplements USA, LLC expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
13. CONTENT AND PRODUCT DISCLAIMER - The information, content and products on the WEBSITE have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before;
1. Making any adjustment to any medication or treatment you are currently using;
2. Stopping any medication or treatment you are currently using; and
3. Starting any new medication or treatment. Your use of the WEBSITE is subject to the additional disclaimers and caveats that may appear throughout the WEBSITE.
14. DISCLAIMER - THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SUPPLEMENTS USA, LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, SUPPLEMENTS USA, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUPPLEMENTS USA, LLC MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
15. LIMITATION OF LIABILITY - You expressly absolve and release Supplements USA, LLC from any claim of harm resulting from a cause beyond Supplement USA, LLC's reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL SUPPLEMENTS USA, LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUPPLEMENTS USA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF SUPPLEMENTS USA, LLC FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, SUPPLEMENTS USA, LLC'S SERVICES AND MATERIALS, AND/OR ANY PROGRAM OR EVENT MADE AVAILABLE THROUGH THE WEBSITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SUPPLEMENTS USA, LLC DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
16. INDEMNITY - You agree to defend, indemnify, and hold harmless Supplements USA, LLC and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from any breach by you of this TOUA.
17. GOVERNING LAW - This TOUA has been made in and will be construed and enforced in accordance with the laws of the State of California without regard to its principles of conflicts of laws. Any action brought by you relating to this TOUA, or to Supplements USA, LLC's services, materials, events and/or products accessed or purchased through this WEBSITE, shall be brought only in the Federal or State courts presiding in the State of California, U.S.A., and all parties to this TOUA expressly agree to be subject to the exclusive jurisdiction of such courts. A printed version of this TOUA and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOUA or Supplements USA, LLC's services, materials, events and/or products accessed or purchased through this WEBSITE, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The WEBSITE is controlled and operated by Supplements USA, LLC from its offices and facilities within the United States. Supplements USA, LLC makes no representation that the WEBSITE is appropriate or available for use in other locations, and access to the WEBSITE from territories or nations where any aspect of the WEBSITE is illegal is hereby expressly prohibited. Your access the WEBSITE solely on your own volition and are responsible for compliance with all applicable local laws.
18. TERM AND TERMINATION - This TOUA will take effect (or shall re-take effect) at the time you click "I ACCEPT", submit information through this WEBSITE, respond to a request for information, and/or begin installing, accessing, or using the WEBSITE, whichever is earliest. Supplements USA, LLC reserves the right at any time and without notice to deny your access to the WEBSITE or to any portion thereof and to terminate your rights under this TOUA, in its sole and absolute discrection. Your rights under this TOUA will terminate automatically if you fail to comply with this TOUA, subject to the survival rights of certain provisions identified below. Terminatino will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the WEBSITE in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOUA, and governing law will survive the termination of this TOUA for any reason.
19. WAIVER & SEVERABILITY - Failure to insist on strict performance of any of the terms and conditions of this TOUA will not operate as a waiver of any subsequent default or failure of performance. No waiver by Supplements USA, LLC of any right under this TOUA will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOUA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Supplements USA, LLC in its sole and absolute discretion that most clearly matches the internet of the original provision and the remainder of this TOUA shall continue in effect.
21. CONTACT INFORMATION - If you have questions regarding this WEBSITE or if you are interested in obtaining more information concerning Supplements USA, LLC and its product(s) or services or permission to use any Supplements USA, LLC's content, please contact Supplements USA, LLC at 707-634-7074 or firstname.lastname@example.org .