Terms & Conditions

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to this Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. The content (including written, visual or audio materials and programs) is copyrighted by NutraPhase, or licensed to Nutraphase by third parties. It is protected by copyright laws, treaties and other laws and regulations of each country. It is prohibited to use the content of this Web Site beyond what is explicitly allowed by applicable laws and regulations, including (but not limited to) reproduction, distribution, alteration, public transmission, reuse and/or transfer, without our prior written consent.

Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

Copyright and Use of Trademarks

Copyright and all other proprietary rights in Content provided by NutraPhase, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish this Web Site, the compilation of data on this Web Site, and the order, sequence and arrangement of this Web Site, all belong to Nutraphase., Ltd and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved. “NutraPhase”, Nutraphase products and their product names found on this Web Site are either service marks or registered trademarks of NutraPhase, Ltd (we refer to it hereafter as the “Company”.). Other product and Company names are official names, registered trademarks or service marks of the respective companies. The use and registration of the NutraPhase name is exclusively reserved to our Company. You may not register nor use a Company name, statutory name, trade name, domain name or other name, indication or description, of which the NutraPhase name or any name similar thereto or any name which consists of a part of the Nutraphase name forms part nor shall it include any other registered trademark owned by Nutraphase, Ltd. Any unauthorized use of trademarks and other content published on this Web Site is strictly prohibited without prior written consent of the Company or the licensor (in case the Company has obtained a license for the use of the licensors’ content on this Web Site). The use of trademarks and other content is, however, permissible if such use is explicitly stated in the Terms.

Guarantees Regarding Content

We make every effort to ensure the accuracy of the content on this Web Site and to ensure it is current, however, we do not make any guarantee, warranty or representation with respect to the content being accurate, current or complete.

Forward Looking Statements

The information on this Web Site may contain certain forward-looking statements with respect to the financial condition, results of operations and business of NutraPhase and certain of the plans and objectives of NutraPhase with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Any forward-looking statements made by or on our behalf, speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the relevant regulatory authorities as applicable.

Links

It is not necessary to request permission if you want to add a link to this Web Site. However, the Company does not approve of links to this Web Site being placed on other sites that feature pornography or defamation of people including the Company. When linking to this Web Site, please follow the instructions as below. When displaying the Company’s name, please ensure “NutraPhase., Ltd.” or “NutraPhase” is correctly shown. When displaying a logo, please use one of the graphics shown below, and do not alter, modify or deform them. Please refer to the “Copyright and Use of Trademarks” for the use of Company’s names and trademarks. Links to third-party sites or links from such sites (we refer to them hereafter collectively as “Link Sites”) to this Web Site are not verified by the Company. The Company shall not be held responsible for any content on the Link Sites nor any problem or damage related to and arising from the use of such Link Sites. The Company does not control nor endorse content of those Link Sites.

Feedback, Proposals and Ideas

We welcome your valuable feedback, proposals, ideas and comments sent to us via our Web Site, on e-mails or postal mail. We love hearing from you and hold your communication in high regard. All comments are treated in accordance with the terms and policies set out on our Web Site including the following conditions: • that the Company does not have responsibility of treating your communication as confidential information, • that the Company is not be liable to make verifications, evaluations or adaptations, • that the Company has free hand in their use (or non-use) in the way it feels fit, • that there shall be no copyrights, or any other rights attached to them, and • that the Company shall not be held responsible for compensation or any other form of payments to you and/or third parties.

Governing Laws and Jurisdiction

The content on this Web Site and the Terms shall be governed by the Laws of the United States of America. Any disputes related to or arising from this Web Site shall be governed and construed by the same.

Information on Products

The Company shall not be held responsible for any loss of business revenues arising from the use of the products introduced on this Web Site or any loss or change to the recorded information as a result of the use of such products. NutraPhase reserves the right to discontinue or make changes or updates to NutraPhase products at any time without notice and for any reason whatsoever at its sole discretion including changes to product pricing. Product improvements, ratings and specifications as well as the appearance may change without notice. Pictures may display a different tone of colors due to the characteristics of the computer monitor in use.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

No Waiver

No failure on the part of NutraPhase to enforce any part of these Terms of Use shall constitute a waiver of any of NutraPhase’ rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by NutraPhase nor the reliance of any person on NutraPhase’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of NutraPhase shall have any legal effect whatsoever.

Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

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