PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES.
The Company offers the Services conditioned upon your acceptance of these Terms, and your use of the Services means that you agree to these Terms. If you do not wish to be bound by these Terms, do not access or use the Services.
Note that special terms apply to some features offered through certain Services, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Services and receipt of data, materials and information available at or through the Services, the possibility of our use or display of User Submissions (as defined below) and the possibility of the publicity and promotion from our use or display of User Submissions.
Your License to Access and Use the Services and Ownership
The content, information, software, designs, materials, functions and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services. We are the owner of or licensee of all intellectual property rights in the Content contained on the Services.
You may access and use the Services only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, Company grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print a reasonable number of copies of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) take such actions strictly for your own personal, non-commercial uses only; (b) keep intact all copyright and other proprietary notices, (c) make no modifications to the Content and/or Services, and (d) do not use the Content in a manner that suggests an association with any of our products, services or brands. You may also provide hyperlinks to any Content that is publicly available on our Services, as long as this does not enable you or any third parties to circumvent access restrictions that we have placed around our Content and/or our Services (such as password protected pages on our websites). Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.
We reserve all rights in the Content and the Services. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:
- damage or interfere with the proper working of the Services;
- intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
- give you access to the Services or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
- frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
- convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
- otherwise adversely impact the operation of the Services, the Company, or any third party.
In addition to our other legal rights, we reserve the right to limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you, including as a result of our belief you violated these Terms. We reserve the right to demand that you return or destroy any unauthorized copies of the materials that you have made.
No Professional Advice or Medical Information
The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for general informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Services have not been evaluated by the Food and Drug Administration in the United States nor any equivalent food or medical regulatory authority in any other country or region. Our products are not intended to diagnose, treat, cure or prevent any disease. Although we make reasonable efforts to keep information on our Services updated, we make no representations or warrantees (express or implied) that the statements on the Services are accurate, complete or up-to-date.
The Services may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to the Company a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to the extent contained within the User Submissions, to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.
Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
By providing User Submissions through the Services, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions:
- will be accurate and will comply with these Terms;
- will be your original creations or that you have obtained all necessary rights from third parties in order to post the User Submissions on our Services, without the need for any permission from or payment to any other person or entity to exploit, and to authorize us to exploit, such User Submissions in all manners contemplated by these Terms;
- will be respectful of others’ opinions so we can continue to offer interactive features for everyone to enjoy;
- will not cause injury to any person or entity, including as used by us in accordance with these Terms;
- will not include medical or other professional advice;
- will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, pertaining to hate speech, abusive, illegal or otherwise objectionable (breaches of this provision could constitute a criminal offence under the law of your home country and we reserve the right to report any such breach to the relevant law enforcement authorities including disclosing your identity to them);
- will not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law (breaches of this provision could constitute a criminal offence under the law of your home country and we reserve the right to report any such breach to the relevant law enforcement authorities including disclosing your identity to them);
- will not impersonate any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
- will not include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
- will not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Services or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam” (breaches of this provision could constitute a criminal offence under the law of your home country and we reserve the right to report any such breach to the relevant law enforcement authorities including disclosing your identity to them); and
- will not contain advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
You are solely responsible for your interaction with other users of the Services, whether online or offline. You are and shall remain solely responsible for the User Submissions you distribute on or through any Services and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any User Submission is at your own risk. We are not responsible or liable for the conduct of any user or content of any User Submission. We do not endorse the opinions, advice or recommendations posted or sent by users in any User Submission, and we specifically disclaim any and all liability in connection therewith. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content that violates these Terms, then you may report it to: firstname.lastname@example.org
We cannot and do not assure that other users are or will be complying with the foregoing or any other Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
In your communications with Company, please keep in mind that the Company does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, etc. (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Services are deemed User Submissions and licensed to us as set forth above. In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Company’s receipt of your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Unsolicited Ideas and Materials and there is no obligation for Company to pay or otherwise compensate you for any of your ideas or materials in any communications with us, whatsoever.
Links to Third Party Sites
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on Services retrieved in searches and/or listed in search results or identified on search results pages.
Copyright Infringement Notice
We respect the intellectual property rights of others. If you believe that Content on the Services violates your copyright, please send us a notice using the following contact information:Nature’s Bounty
16-18 Monument Street
London, EC3R 8AJ
Attention: General Counsel
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Services or any feature or part thereof at any time. To the maximum extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Services are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Services will be available at all times, uninterrupted or error-free; that the Services will be secure; that the Services or the servers that makes the Services available will be virus-free or otherwise free of harmful components; or that information on the Services will be complete, accurate or timely. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and/or operational reasons. If you download any materials from the Services, you do so at your own discretion and risk. We will not be responsible for any damage to your computer system or loss of data that results from the download of any such materials from our Services, except where this is caused by our failure to use reasonable care and skill. No advice or information, whether oral or written, obtained by you from us or through or from the Services will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the Services in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain states, the law may not permit the disclaimer of some or all of warranties, so the above disclaimer may not apply to you. For more information about your rights, please seek legal advice from the relevant consumer protection body in your country of domicile.
Limitation of Liability
We do not exclude or limit our liability to you where it would be unlawful to do so. In particular, nothing in these Terms restricts our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. Nor do we exclude liability for fraud or fraudulent mispresentation.
We will use reasonable efforts to provide the Services to you. To the greatest extent permitted by applicable law, neither we, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Services (including any delay or inability to use the Services), (2) any information, products or services advertised in or obtained through the Services, or (3) our removal or deletion of any materials submitted or posted on the Services, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.
We each agree that any dispute proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Services and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Services or in these Terms.)
YOUR LEGAL RIGHTS AS A CONSUMER UNDER YOUR NATIONAL LAW ARE NOT AFFECTED BY THESE TERMS. FOR MORE INFORMATION ABOUT YOUR RIGHTS, PLEASE SEEK LEGAL ADVICE FROM THE RELEVANT CONSUMER PROTECTION BODY IN YOUR COUNTRY OF DOMICILE.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising from or in connection with your use of the Services or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company’s prior written approval.
Jurisdiction and Venue
We make no representation that Content on any Services is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
We may change these Terms from time to time. When we do so, we will post the revised terms on the Services. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Services following the posting of changes to these terms or other policies means you accept the changes.
We may also update and change the Services from time to time to reflect changes in our business priorities and our users’ needs. We will try to give you reasonable notice of any major changes.
Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
How to Contact Us
If you have any questions or comments about these Terms or the Services, please contact us by:
16-18 Monument Street
London, EC3R 8AJ
Attention: General Counsel
Thank you for using our Services.
Last Updated: 14th September 2017