PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE PROVISIONS SET FORTH, PLEASE DO NOT USE THIS WEB SITE.
Acceptance of Terms
By using this Web Site (“Site”), you signify your acceptance of the provisions of NutraSmart LLCs (hereafter called “NutraSmart”) Terms and Conditions of Use, which follow. If you do not agree to the terms of this Agreement, please do not use the Site and exit the Site immediately. NutraSmart reserves the absolute right to modify the terms of this Agreement. As well as the right to change or discontinue any aspect or feature of this Web Site or products and services offered by NutraSmart. Your continued use of the Site following the posting of changes to these Terms and Conditions, the Web Site or products and services will mean that you accept the provisions and changes as made.
The materials on this Web Site are provided for informational purposes only. The materials on this Web Site are Copyright © 2009 NUTRASMART You are not authorized to view, copy, print or distribute these materials subject to the terms and conditions set forth herein. The materials may not be used for any unlawful purpose or in violation of this Agreement.
Disclaimer of Warranties
NutraSmart, its employees, agents, partners or affiliate companies make no representation as to the suitability of the information contained on this Web site for any purpose. No warranty is made that this Web Site and its operation will be error free, uninterrupted, reliable, or accurate.
Reliance on any material presented on this Web Site is at your own risk. NutraSmart shall not be liable for the content of this Web Site, any information contained there in, any delay, failure, interruption, or corruption of any data transmitted in connection with the use of this site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. NUTRASMART MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR NUTRASMART’S PRODUCTS OR SERVICES.
Limitation of Liability
In no event shall NutraSmart be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages arising out of or in connection with the use of this Web Site or any other web site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information even if NutraSmart has been specifically advised of the possibility of such damages whether based on contract, tort, strict liability or otherwise. NutraSmart shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. one hundred dollars ($100.00).
NutraSmart may modify or discontinue this Site, with or without notice. Termination of use of this Site shall not affect any right or relief to which NutraSmart is entitled, at law or in equity. NutraSmart may immediately terminate your use of this Site if NutraSmart reasonably believes that there has been a violation or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of NutraSmart or any third party, or for any reason with or without further notice. NutraSmart will not be liable to you or any third party resulting from such modification or discontinuation. The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Choice of Law,” and “General Provisions” shall survive the termination of this Agreement.
Terms of Sale
All sales of products are expressly conditioned on your acceptance of NutraSmart’s Standard Terms and Conditions. The statements and products on this web sitehave not been evaluated by the Food & Drug Administration. Products and or techniques mentioned are not intended to diagnose treat or prevent any disease. The information provided is for educational purposes only and is not intended as diagnosis, treatment or prescription for any disease. The decision to use, or not use, any of this information is the sole responsibility of the reader.
If NutraSmart institutes action to enforce any of the provisions of these Terms and Conditions, NutraSmart shall be entitled to recover in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys’ fees and any costs of any litigation.
Choice of Law
These Terms and Conditions shall be governed by the laws of the state of Utah. To the extent allowed by applicable law, any claims or causes of action arising from or relating from the use of this Site as contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in Utah.
If any provision of these Terms and Conditions is found to be invalid by A court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals whether oral, written or electronic with respect to the Site and the subject matter of these Terms and Conditions