TERMS AND CONDITIONS
Your access to and use of this website at http://wwwnutritionrefined.com (“this Website”) is subject to legally binding Terms and Conditions. Carefully read the following Terms and Conditions before accessing or using this Website. Your accessing or use of this Website indicates your acceptance of the following Terms and Conditions and your agreement to be bound by them. The following Terms and Conditions form a binding agreement (“Agreement”) between you, Nutrition Refined, and all of its properties (“Nutrition Refined”). We may change these Terms and Conditions at any time without advance notice. Changed Terms and Conditions will become effective once posted on this Website. Your continued use of this Website after any change means you have accepted the changed Terms and Conditions.
All references to “we,” “us,”, “our”, and “this Website” shall be constructed to mean Nutrition Refined. The terms “customer,” “you,” and “your” refer to site visitors, customers, and any other users of this Website.
Everyone who visits this Website is subject to the General Terms set forth in section 1 and Code of Conduct set forth in section 2.
1) General Terms
1.1 Electronic Communications
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.2.1 Restricted Uses
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by Nutrition Refined, is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Nutrition Refined. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, without Nutrition Refined’s written consent. Permission for such uses may be granted on a case-by-case basis at the sole discretion of Nutrition Refined. A usage fee may be assessed depending on the type and nature of the proposed use.
1.2.2 License and Site Access
Nutrition Refined grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nutrition Refined. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nutrition Refined without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Nutrition Refined’s name or trademarks without the express written consent of Nutrition Refined. Any unauthorized use terminates the permission or license granted by Nutrition Refined. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray Nutrition Refined, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
1.2.3 Hyperlinking to Website, Co-Branding, “Framing”, and Referencing Website
Unless expressly authorized by Nutrition Refined, no one may hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to any other website for any reason. Further, Users are not allowed to reference the url (website address) of this Website in any commercial or non-commercial media without express permission, nor are Users allowed to ‘frame’ the Website. The User specifically agrees to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
1.2.4 Links to Third Party Websites
This Website contains links to third party websites. The linked sites and pages are not under the control of Nutrition Refined and Nutrition Refined is not responsible for the contents of any linked website.
1.2.5 Entire Agreement
These Terms and Conditions and any other legal notices, policies and guidelines of Nutrition Refined linked to these Terms and Conditions constitute the entire Agreement between you and Nutrition Refined relating to your use of this Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Nutrition Refined making such amendments or modifications available on this Website.
1.2.6 Termination of Access
You agree that Nutrition Refined, in its sole discretion, may suspend or terminate your password, account, or use of Nutrition Refined Properties, Services or Paid Services and remove and discard any User Postings at its convenience or for any reason, including without limitation if we believe you have violated or may violate these Terms and Conditions. You agree that any suspension and/or termination of your access to Nutrition Refined properties, or use of the Services or Paid Services may be effected without prior notice and that the Nutrition Refined will not be liable to you or to any other person as a result of any such suspension or termination.
1.2.7 Limitation of Liability and Indemnity
IN NO EVENT WILL Nutrition Refined OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW. As a condition of your use of this Website, you agree to indemnify Nutrition Refined and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these Terms and Conditions.
1.3 Applicable Law
By visiting this Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Nutrition Refined.
2) Code of Conduct
All Users, hereby agree NOT to use the Website for any of the following:
Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
If you have a password, allowing any other person to access a non-public area of this Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
Posting or sending material that depicts people in a sexual or violent manner, or solicits personal information from anyone under the age of majority in that person’s jurisdiction of domicile;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
Engaging in advertising to, or solicitation of, other Users to send money, buy or sell any products or services not approved by Nutrition Refined;
Transmitting any chain letters or junk email;
Using this Website for activities that violate any law, statute, ordinance, or regulations;
Using this Website to encourage, promote, facilitate, or instruct others to engage in illegal activity;
Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another User;
Make criminal accusations against another User;
Make or promote any type of racism or hate towards anyone in specific or a group of people;
Post, directly or indirectly, any personally identifying information about another member without their consent. “Personally identifying information” can include, but is not limited to, a person’s full name, first name, last name, email address, profession, phone number, address and place of work;
Use this Website for any fraudulent purposes;
Collect or store personally identifying information about any other User(s) for commercial purposes;
Impersonate any person or entity, including, but not limited to, a Nutrition Refined’s official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking;
Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for “cracking” software or other copyrighted content;
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services; and
You further agree that you will not harass, annoy, intimidate, or threaten any of Nutrition Refined’s employees, affiliates or agents.
4) Changes to Our Terms
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. Your continued use of our Website after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website.