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TERMS AND CONDITIONS OF USE

 

ACCEPTANCE OF TERMS OF USE

By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these Terms of Use, please do not use our services or visit our Site. These Terms of Use constitute the entire agreement between ASP American Nutrition® and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Use.

CHANGES TO TERMS OF USE

ASP American Nutrition® reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

INTELLECTUAL PROPERTY

The Site and all of its contents including, but not limited to, articles, text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of ASP American Nutrition®.

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of ASP American Nutrition®, or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. ASP American Nutrition® prohibits use of its name or any logo or Trademark as a link to any non-ASP American Nutrition® Site unless pre approval is granted in writing from ASP American Nutrition®.

Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site, nor does it waive any of ASP American Nutrition’s rights in such information and materials. The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site.

HACKING & OTHER UNAUTHORIZED USES

Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

USER CONTENT

You may not:

  1. Use the Site for any unlawful purpose; or
  2. Transmit by any means any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful or racially, ethnically, or otherwise objectionable; or
  3. Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; or
  1. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation; or
  2. Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  3. Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein; or
  4. Intentionally or unintentionally violate any applicable local, state, national, or international law; or
  5. Impersonate any person or entity, including, but not limited to, an International Federation of BodyBuilders (IFBB) official, a National Physique Committee (NPC) official, an International Olympic Committee (IOC) official, a professional sports official, a current or former professional or amateur athlete, or falsely state or otherwise misrepresent your affiliation with a person or entity.

We reserve the right to terminate your access to the Site or any of its services if it determines that you do not comply with these Terms of Use, provide false, inaccurate, or incomplete information during our registration process, or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof.

We are free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information.

LIMITATION OF LIABILITY

THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE SITE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ASP AMERICAN NUTRITION®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF ASP AMERICAN NUTRITION® OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Company reserves the right to modify or change the Site, or any portion of the Site, and any applicable policies or terms, or interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

OTHER TERMS AND CONDITIONS

The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.

HEALTH RELATED INFORMATION

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. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site for diagnosing or treating a health condition or disease.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

LINKS TO OTHER SITES

The Site may provide links to other internet sites or resources. We have not reviewed these sites and are not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from our Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from our Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither ASP American Nutrition® nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep links to the site are prohibited without prior written consent from ASP American Nutrition®.

REMEDIES & DISPUTE RESOLUTION

Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, harassment, violence, or commission of any crime.

Any controversy or claim arising out of or relating to this Agreement not settled by mediation or small claims or that does not fall into one of the exceptions listed above shall be resolved by arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect (available at www.adr.org), except where those rules conflict with this provision, in which case this provision controls. Any court with jurisdiction shall enforce this clause and enter judgment on any award. The arbitrator shall be selected within twenty (20) days from commencement of the arbitration from the AAA’s National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within forty-five (45) days of initiation of arbitration, the Parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than eight months from selection of the arbitrator or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to by the Parties. The arbitration shall be held in Los Angeles, California, and the arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. Prior to appointment of the arbitrator or thereafter if he or she is unavailable, emergency relief shall be available from any court to avoid irreparable harm. The arbitrator shall not award either Party damages in excess of or inconsistent with the limitations contained in the "Limitation of Liability" section of this Agreement. The Arbitrator may award reasonable attorney’s fees and costs to the prevailing Party of any arbitration action hereunder.

Prior to commencement of arbitration, the Parties must attempt to mediate their dispute

You consent to the Company obtaining any injunctive or equitable relief should the Company deem such action to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

If the Company takes any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you shall pay, all reasonable attorneys' fees and costs of such action in addition to any other relief granted to the Company. Under no circumstance will the Company be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

MISCELLANEOUS

If any of the provisions of these Terms of Use are held by a court of competent jurisdiction or arbitraror to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Company's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. You agree that any issue or dispute arising out of or in connection with your use of our Site or any other matter pertaining to ASP American Nutrition® shall be governed by the laws of the state of California .

By using the Site, you agree to comply with all applicable laws and regulations of the United States. ASP American Nutrition® makes no representation that materials contained in the Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

INDEMNITY

You agree to defend, indemnify, and hold harmless ASP American Nutrition®, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use. ASP American Nutrition® shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.