Agreement between User and http://dev.ultimatenutrition.com/, Ultimate Nutrition©
Our Site is an e-Commerce website used for domestic sales of the Ultimate Nutrition US product assortment only. The Site is also a resource tool for customers, where you may learn exercise techniques, discover new recipes and sign-up to receive marketing communications.
Visiting the Site or sending emails to Ultimate Nutrition constitutes electronic communications. You consent to receive electronic communications from Ultimate Nutrition, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the Site, satisfy any legal requirement that such communications be in writing.
As applicable, if you use this Site, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and/or device, and you agree to accept responsibility for all activities and/or accesses that occur using your username and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ultimate Nutrition is not responsible for third party access to your account that results from theft or misappropriation of your account username and/or password. Ultimate Nutrition and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Users Only of Legal Age of Majority
Our Site is designed and intended for those who have reached the age of majority (18 years of age). By using our Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.
No one under age 13 is authorized to submit or post any information, including personally identifying information, on our Site. Under no circumstances may anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.
Use of the Site
While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.
While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.
By submitting a telephone number to Ultimate Nutrition you agree that a representative of Ultimate Nutrition can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
When using our Site, you shall not post or send to or from either the Site:
(a) content for which you have not obtained all necessary consents;
(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;
(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
Ultimate Nutrition stands by the quality of our products. If anything is found to be less than optimal, our Quality Department will conduct a thorough investigation. Inquiries should be submitted to firstname.lastname@example.org.
Links to Third Party Websites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ultimate Nutrition and Ultimate Nutrition is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ultimate Nutrition is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ultimate Nutrition of the website or any association with its operators.
Certain services made available via the Site are delivered by third party websites and organizations. By using any product, service or functionality originating from the http://dev.ultimatenutrition.com/ domain, you hereby acknowledge and consent that Ultimate Nutrition may share such information and data with any third party with whom Ultimate Nutrition has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Ultimate Nutrition that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ultimate Nutrition or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ultimate Nutrition content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ultimate Nutrition and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ultimate Nutrition or our licensors except as expressly authorized by these Terms.
You agree to indemnify, defend and hold harmless Ultimate Nutrition, its officers, directors, employees, agents and third parties, for any claims, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms set forth herein or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ultimate Nutrition reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ultimate Nutrition in asserting any available defenses. This provision survives termination of the agreement between the parties.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ultimate Nutrition agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Limitation of Liability and Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ULTIMATE NUTRITION INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ULTIMATE NUTRITION INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ULTIMATE NUTRITION INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ULTIMATE NUTRITION IS NOT RESPONSIBLE FOR TRACE CONTAMINATION IN ITS PRODUCTS. Contaminants are unintended substances that can originate from sources outside the chemical pathway, chemical processes, unexpected situations such as bad storage of primary substances or instability of the primary packaging. Impurities and/or contaminants can be present at trace levels in a finished product. Traces refer to very low amounts of impurities and/or contaminants in a finished product. Trace levels of certain contaminants may be acceptable by law if they do not pose a hazard to human health and are technically unavoidable. AS APPLICABLE, IF A PRODUCT EXCEEDS THE LEGAL CONTAMINATION STANDARD, ULTIMATE NUTRITION’S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT IN WHICH THE CONTAMINANT IS FOUND.
Ultimate Nutrition reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. We make no representations that the content or the Site is appropriate or may be used outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.
Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export or import any data on our Site, as may be required.
No Agency Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ultimate Nutrition as a result of this agreement or use of the Site. Ultimate Nutrition’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ultimate Nutrition’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ultimate Nutrition with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ultimate Nutrition with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ultimate Nutrition with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Ultimate Nutrition reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Ultimate Nutrition encourages you to periodically review the Terms to stay informed of our updates.
Ultimate Nutrition welcomes your questions or comments regarding the Terms:
Ultimate Nutrition Inc.
21 Hyde Road
Farmington, Connecticut 06034
860-409-7100 ext. 106
Effective as of November 9, 2018