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Terms of Use
Thank
you for using the Quorumnutritionllc.com Web site
(the “Site”). The Site and our respective webmasters
and business affiliates (‘we”, “us”, “our”) want
each visitor to the Site (“you”) to have a safe and
pleasant visit so we have established the following
terms and conditions that we (and you) know what to
expect from each other. By using the Site you are
bound by the Terms of Use. If you do not agree with
the terms of use, do not use this Site. We reserve
the right to make changes to the Site which include
the Terms of Use, or the policies and conditions
that govern the Site at any time. Hence, it is your
responsibility to review the Site periodically to
check for any updates or changes. Your continued use
or access of the Site shall be deemed your
acceptance of these changes.
Notice
Nevada State law allows any person to provide
nutritional advice or give advice concerning proper
nutrition--which is the giving of advice as to the
role of food and food ingredients, including dietary
supplements. This state law does NOT confer
authority to practice medicine or to undertake the
diagnosis, prevention, treatment, or cure of any
disease, pain, deformity, injury, or physical or
mental condition and specifically does not authorize
any person other than one who is a licensed
physician to state that any product might cure any
disease, disorder, or condition. Never hesitate to
tell your health care practitioner about dietary
supplements you are taking or intend to take. Always
see your health care practitioner when you are ill.
Trademarks
Quorum Nutrition, LLC trademarks, service marks,
product names, and company names and logos appearing
on the Site are the property of their respective
owners.
Your Account Obligations
In consideration of your use of the Site, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by the
checkout form for your account information (the
"Account Information") and (b) maintain and promptly
update the Account Information to keep it true,
accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to
suspect that such information is untrue, inaccurate,
not current or incomplete, we may suspend or
terminate your account and refuse any and all
current and future use of the Site. Account
Information, and certain other information about
you, is subject to privacy. You will receive a
password and account designation when you have
completed the Account Information. You are
responsible for maintaining the confidentiality of
the password and account and are fully responsible
for all activities that occur under your password or
account. You agree to immediately notify us of any
unauthorized use of your password or account or any
other breach of security.
Your Conduct
Any conduct by you that in our sole discretion
restricts or inhibits any other user from using or
enjoying the Site will not be permitted. You agree
to use the Site only for lawful purposes. You are
prohibited from posting on or transmitting through
the Site any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, fraudulent,
racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to
any material that encourages conduct that would
constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable
local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
portion of the Site, use of the Site, or access to
the Site. You agree not to access the Site by any
means other than through the interface that is
provided by us for use in accessing the Site.
Site Content
You acknowledge that the Site contains information,
data, software, photographs, graphics, videos, text,
images, typefaces, sounds, and other material
(collectively "Content") that are protected by
copyrights, trademarks, or other proprietary rights,
and that these rights are valid and protected in all
forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as
a collective work under the U.S. copyright laws, and
we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You
may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or
sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, you may
make copies of select portions of the Content,
provided that the copies are made only for your
personal information and non-commercial use and that
you do not alter or modify the Content in any way,
and maintain any notices contained in the Content,
such as all copyright notices, trademark legends, or
other proprietary rights notices. Except as provided
in the preceding sentence or as permitted by the
fair use privilege under the U.S. copyright laws
(see e.g. 17 U.S.C. Section 107), you may not
upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of
the copyright or other proprietary right. In
addition to the foregoing, use of any software
Content shall be governed by the software license
agreement accompanying such software, if any.
If you violate any of these terms, your permission
to use the Content will automatically terminate and
you must immediately destroy any copies you have of
any portion of the Content.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY
OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS,
THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"),
MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE
(COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, OR AS TO THE
ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION, CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON
AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY
DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, OR
FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY US, OUR AFFILIATES, OR
ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE
LIKE, SHALL CREATE A WARRANTY.
All information contained on the Site, including
information relating to medical and health
conditions, products and treatments, is for
informational purposes only. It is often presented
in summary or aggregate form. It is not meant to be
a substitute for the advice provided by your own
physician or other medical professional(s) or any
information contained on or in any product packaging
or labels. YOU SHOULD NOT USE THE INFORMATION
CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH
PROBLEM OR PRESCRIBING A MEDICATION. IF YOUR DOCTOR
HAS REFERRED YOU TO OUR SITE TO PURCHASE PRODUCTS
THAT HE PRESCRIBED FOR YOU, THEN YOU NEED TO DIRECT
ALL QUESTIONS REGARDING THESE PRODUCTS PRESCRIBED TO
YOUR DOCTOR AS HE OR SHE IS COMPLETELY RESPONSIBLE
FOR THE MANAGEMENT OF YOUR HEALTH AND FOR EDUCATING
YOU REGARDING THE PRODUCTS HE OR SHE PRESCIBRES.
MOREOVER, WE ARE NOT RESPONSIBLE FOR THE DECISIONS
OR PRESCRIPTIONS MADE BY YOUR DOCTOR AND YOU AGREE
to indemnify and hold us, and our subsidiaries,
affiliates, officers, directors, agents, co-branders
or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of YOUR DOCTOR’S RECOMMENDATIONS OR PRESCRIPTION OF
PRODUCTS. YOU SHOULD CAREFULLY READ ALL
INFORMATION PROVIDED BY THE MANUFACTURERS OF THE
PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS
BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. YOU
SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY
THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE
PRODUCT PACKAGING AND LABELS.
INFORMATION AND STATEMENTS REGARDING DIETARY
SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND
DRUG ADMINISTRATION AND ARE NOT INTENDED TO
DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Further, we explicitly disclaim any responsibility
for the accuracy, content, or availability of
information found on sites that link to or from the
Site from third parties not associated with us. We
encourage discretion when browsing the Internet
using our or anyone else's service. Because some
sites employ automated search results or otherwise
link you to sites containing information that may be
deemed inappropriate or offensive, we cannot be held
responsible for the accuracy, copyright compliance,
legality, or decency of material contained in
third-party sites, and you hereby irrevocably waive
any claim against us with respect to such sites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE
SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF
PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i)
ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF
THE SITE OR ANY DATA OR INFORMATION TRANSMITTED IN
CONNECTION WITH USE OF THE SITE, (ii) PERSONAL
INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE
SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO,
THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL
APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
You agree to indemnify and hold us, and our
subsidiaries, affiliates, officers, directors,
agents, co-branders or other partners, and
employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any
third party due to or arising out of Content you
submit, post to or transmit through the Site, your
use of the Site, your connection to the Site, your
violation of the Terms of Use, or your violation of
any rights of another.
Indemnity
You agree to defend, indemnify, and hold us, our
officers, directors, employees, agents, Providers,
Merchants, Sponsors, Licensors and Affiliates
harmless from and against any claims, actions,
demands, judgments, losses, and liabilities
(including without limitation costs, expenses and
attorneys' fees) arising, directly or indirectly,
from your violation or alleged violation of these
Terms of Use.
Privacy
We respect your privacy. We are committed to
protecting the privacy of children. This Site is not
intended or designed to attract children under 13
years old. We do not collect personally identifiable
information from any person we know is a child under
age 13.
Export
The U.S. export control laws regulate the export and
re-export of technology originating in the United
States. This includes the electronic transmission of
information and software to foreign countries and to
certain foreign nationals. You agree to abide by
these laws and their regulations - including but not
limited to the Export Administration Act, and the
Arms Export Control Act and not to transfer, by
electronic transmission or otherwise, any Content
derived from the Site to either a foreign national
or a foreign destination in violation of such laws.
Our Rights
We may elect to electronically monitor areas of the
Site. We are not responsible for screening,
policing, editing, or monitoring such Content. If
notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content, we may
investigate the allegation and determine in our sole
discretion whether to remove or request the removal
of such Content from the Site.
We reserve the right to refuse sales to anyone that
we deem may not be a good customer and who is
abrasive, threatening or irritating to any of our
employees.
We may terminate your access, or suspend your access
to all or part of the Site, without notice, for any
conduct that we, in our sole discretion, believe is
in violation of any applicable law or is harmful to
our interests or the interests of another user, a
third-party Provider, Merchant, Sponsor, Licensor,
service provider, or us.
Because customer service is paramount to our
business, we reserve the right to refuse to sell
products to you if it reasonably appears to us that
you intend to resell the products. In addition, we
reserve the right to limit quantities of items
purchased by each customer.
Links to Third Party Sites
Occasionally, we may make available a link to a
third party's web site. These links will let you
leave the Site. The linked sites are not under our
control and we are not responsible for the contents
of any linked site or any link contained in a linked
site, or any changes or updates to such sites. We
are not responsible for webcasting or any other form
of transmission received from any linked site. We
provide the links to you only as a convenience. We
do not endorse the site or its use or contents.
Submissions
We are pleased to hear from our customers and
welcome your comments regarding our products and the
Site. We request that you be specific in your
comments on our services and products. If you send
us comments, suggestions, ideas, materials, notes,
drawings, concepts, or other information
(collectively, "Submissions"), the Submissions shall
be deemed, and shall remain, our property. You agree
that you will not upload or transmit any
communications or content of any type that infringe
or violate the rights of any party. None of the
Submissions shall be subject to any obligation of
confidence on our part, and we shall not be liable
for any use or disclosure of any Submissions.
Without limiting the foregoing, you agree that we
shall exclusively own and you hereby assign to us
without compensation or further obligation all now
known or hereafter existing rights to the
Submissions of every kind and nature throughout the
universe and shall be entitled to unrestricted use
of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the
provider of the Submissions, including the right to
publish on the Site or elsewhere and to use the
Submissions, including any suggestions, ideas, etc.
contained herein.
Applicable Law; Jurisdiction and Venue
We control the Site from our offices within the
United States of America. We make no representation
that the Content in the Site is appropriate or
available for use in other locations, and access to
them from territories where their content is illegal
is prohibited. Those who choose to access the Site
from other locations do so on their own initiative
and are responsible for compliance with applicable
local laws. You may not use or export the Content in
violation of U.S. export laws and regulations. Any
claim relating to the Site, the services provided
through the Site or the Content shall be governed by
the internal laws of the state of California,
without reference to its choice of law provisions.
If there is a dispute between you and us, you
expressly agree that exclusive jurisdiction and
venue reside in the state and federal courts located
in San Diego County, California.
Termination
These terms are effective until terminated by either
party. If you no longer agree to be bound by the
Terms of Use, you must cease your use of the Site.
Subject to applicable law, we reserve the right to
suspend or deny, in our sole discretion, your access
to all or any portion of the Site with or without
notice. You agree that any termination of your
access to the Site may be effected without prior
notice, and acknowledge and agree that we may
immediately deactivate or delete your account and
all related information and files in your account
and bar any further access to such files or the
Site. Further, you agree that we shall not be liable
to you or any third-party for any termination of
your access to the Site.
General Information
These Terms of Use constitute the entire agreement
between us (you and us) and govern the use of the
Site. You also may be subject to additional terms
and conditions that may apply when you use affiliate
services, third-party content or third-party
software. Our failure to exercise or enforce any
right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions
as reflected in the provision, and the other
provisions of the Terms of Use remain in full force
and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action
arising out of or related to use of the Site or the
Terms of Use must be filed within one year after
such claim or cause of action arose or be forever
barred. The section titles in the Terms of Use are
for convenience only and have no legal or
contractual effect.
Copyright Complaints
We respect the intellectual property of others, and
we ask our users to do the same. If you believe that
your work has been copied and is accessible on the
Site in a way that constitutes copyright
infringement, you may notify us by providing our
copyright agent the following information:
1.
An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
2.
A description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web
page address) of the location where the copyrighted
work exists or a copy of the copyrighted work;
3.
Identification of the URL or other specific
location on the Site where the material that you
claim is infringing is located;
4.
Your address, telephone number, and email address;
5.
A statement by you that you have a good faith
belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
6.
A statement by you, made under penalty of perjury,
that the above information in your Notice is
accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
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