PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
All
users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use
this site.
COPYRIGHT
The entire content included in
this site, including but not limited to text, graphics or code is
copyrighted as a collective work under the United States and other
copyright laws, and is the property of Nutritional Institute, LLC. The
collective work includes works that are licensed to Nutritional
Institute, LLC. Copyright 2005, Nutritional Institute, LLC. ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
Nutritional Institute, LLC or purchasing Nutritional Institute, LLC
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, purchase Nutritional Institute,
LLC products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of
this site is strictly prohibited. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All
trademarks, service marks and trade names of Nutritional Institute, LLC
used herein are trademarks or registered trademarks of Nutritional
Institute, LLC.
DISCLAIMER
THIS SITE AND THE MATERIALS
AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NUTRITIONAL INSTITUTE, LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NUTRITIONAL INSTITUTE, LLC DOES NOT REPRESENT OR
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NUTRITIONAL INSTITUTE, LLC DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS,
TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY
NUTRITIONAL
INSTITUTE, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
PRODUCTS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF
NUTRITIONAL INSTITUTE, LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TYPOGRAPHICAL ERRORS
In
the event a Nutritional Institute, LLC product is listed at an
incorrect price due to typographical error or error in pricing
information received from our suppliers, Nutritional Institute, LLC
shall have the right to refuse or cancel any orders placed for product
listed at the incorrect price. Nutritional Institute, LLC shall have the
right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled,
Nutritional Institute, LLC shall issue a credit to your credit card
account in the amount of the incorrect price.
TERM; TERMINATION
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any of them, may be terminated by Nutritional Institute,
LLC without notice at any time for any reason. The provisions relating
to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Nutritional
Institute, LLC may deliver notice to you by means of electronic mail, a
general notice on the site, or by written communication delivered by
first class U.S. mail to your address on record in Nutritional
Institute, LLC's account information.
MISCELLANEOUS
Your
use of this site shall be governed in all respects by the laws of the
state of Illinois, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Nutritional
Institute, LLC products) shall be in the state or federal courts located
in Lake County, Illinois. . Any cause of action or claim you may have
with respect to the Site (including but not limited to the purchase of
Nutritional Institute, LLC products) must be commenced within one (1)
year after the claim or cause of action arises. Nutritional Institute,
LLC's failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms
and conditions. Nutritional Institute, LLC may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
INDENTIFICATION
You agree to indemnify, defend,
and hold harmless Nutritional Institute, LLC, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person
accessing the site using your Internet account.
THIRD PARTY LINKS
In
an attempt to provide increased value to our visitors, Nutritional
Institute, LLC may choose various third party web sites to link to from
its own site. However, even if the third party is affiliated with
Nutritional Institute, LLC, Nutritional Institute, LLC has no control
over these linked sites who each have separate privacy and data
collection practices, independent of Nutritional Institute, LLC.
Nutritional Institute, LLC has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked sites are only
for your convenience and you therefore access them at your own risk.
Nonetheless, Nutritional Institute, LLC seeks to protect the integrity
of its web site and the links placed upon it and therefore requests
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
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