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
VI. Site Usage/Termination of Usage
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.