I. Introduction
Welcome to sciencebasednutrition.com. This Terms of Use Agreement sets forth the Agreement between Science Based Nutrition, Inc. (“Science Based Nutrition™” or “we”) and each user (“you” or “user”) governing the use by you of this site. 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.
II. Miscellaneous
The failure of sciencebasednutrition.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 sciencebasednutrition.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 sciencebasednutrition.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 Dayton, Ohio, 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.
III. Copyright and Trademarks
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of sciencebasednutrition.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 sciencebasednutrition.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 sciencebasednutrition.com, is strictly prohibited. sciencebasednutrition.com, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of sciencebasednutrition.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.
IV. No Warranty – Disclaimer
Science Based Nutrition, Inc. is providing this site and its contents on an “as is” basis. Science Based Nutrition, Inc. 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. Science Based Nutrition, Inc. 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. Science Based Nutrition, Inc. 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 Science Based Nutrition, Inc. 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.
V. Limitation of Liability
Science Based Nutrition, Inc. 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 sciencebasednutrition.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 Science Based Nutrition, Inc. 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 Science Based Nutrition, Inc. on this site. You agree to indemnify, defend and hold harmless sciencebasednutrition.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.
VI. Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. 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 changing your password and notifying sciencebasednutrition.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 Science Based Nutrition, Inc. 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 Science Based Nutrition, Inc. and its affiliates, are responsible for compliance with applicable local laws. These terms are effective unless and until terminated by either you or sciencebasednutrition.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. sciencebasednutrition.com also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in Science Based Nutrition, Inc’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 sciencebasednutrition.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 sciencebasednutrition.com may terminate or suspend your access to all or part of this site, without notice, for any conduct that Science Based Nutrition, Inc., 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, Science Based Nutrition, Inc. or its affiliates.
VII. Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Ohio 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 Kettering, OH.
VIII. 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.”
VIV. Entire Agreement
This Agreement constitutes the entire and only Agreement between Science Based Nutrition, Inc. 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.
VV. Changes to Terms of Use Agreement
This information was last updated on November 21, 2007. Science Based Nutrition, Inc. 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.