PRESTINFIT MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT TO WITHIN ITS SOLE AND ABSOLUTE DISCRETION, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT DEFENSE NUTRITION MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
2. No Medical Advice
Statements made on PRESTINFIT’S Website have not been evaluated by the Food and Drug Administration (FDA). PrestinFit products are not intended to diagnose, treat, cure or prevent any disease. PrestinFit makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained on its Website or any other goods or services displayed on or offered through the Website.
Information on this Website, including, without limitation, as part of the PrestinFit Blog, is provided for information purposes only and is not meant to substitute for the advice provided by your own physician or medical professional. You should not use the information contained on the Website for diagnosing or treating a health problem or disease or prescribing any medication. It is not the intention of PrestinFit to provide specific medical advice, including diagnosis or treatment. Specific medical advice will not be provided, and PrestinFit urges you to consult with a qualified doctor, physician or medical professional for diagnosis and for answers to your health-related questions. Nothing contained on the Website is intended to be for medical diagnosis or treatment. The information should not be considered complete or up to date, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of licensed doctor, physician or other qualified health care provider. If you have a medical emergency, contact your doctor or 911. PrestinFit does not recommend or endorse any specific treatment, tests, physicians, products, procedures, opinions, or other information on the Website. Your reliance upon any information provided by PrestinFit and/or on its Website is solely at your own risk. You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold PrestinFitharmless for any errors, omissions, or misrepresentations contained within the Website’s content.
3. Ownership of Website Content
You understand and agree that PrestinFit is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of PrestinFit. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
PrestinFit hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes, which in no event shall be for anything other than personal, non-commercial use absent written permission from PrestinFit. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement shall result in the automatic termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to PrestinFit
4. User Generated Content
PrestinFit may provide you with the ability to submit user generated content to or through the Website, which may include, but is not limited to: (1) posts in an online forum that may contain information, text, and comments; articles; photographs, images and designs; and other information; (2) information, news, and/or alerts; and (3) text, photographs, characters, images, and designs for the creation of your own customized merchandise (collectively “User Generated Content”). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted. You further warrant that any User Generated Content that you submit to the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
By submitting information to the Website, you grant PrestinFit, a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. By submitting information to the Website, you further agree to waive all rights of publicity or privacy with respect to the information submitted. You agree to execute any and all documents requested by PrestinFit and shall cooperate in any endeavor PrestinFit makes to obtain the necessary rights to display your information.
This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law.
5. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that PrestinFit does not own or control. You agree that PrestinFit will not be held responsible or liable for the content of third party websites, applications, or services and that PrestinFit’s inclusion of those websites, applications, or services within its Website does not constitute PrestinFit endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. You understand and agree that should you create merchandise through PrestinFit, your merchandise may be displayed via the Internet on mobile devices, search engines, and web merchants and online retail websites.
6. My Account
Members shall not pay a fee for registration of a Member Account, however Members may have to pay a fee in order to access or use additional services associated with the Website.
You may only use your Member Account and you are expressly prohibited from providing additional parties with access your Member Account. You agree that, in registering a Member Account, you will provide PrestinFit with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member Account, whether authorized or unauthorized. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to PrestinFit. By creating a Member Account, you agree that Defense Nutrition may contact you by any available means, including, but not limited to, by email.
For any product purchased through or paid service offered through the Website, PrestinFit accepts payment via credit card. You agree to pay all fees and charges on time, and PrestinFit may terminate or disable your access to the Website or your Member Account if you fail to pay any amount owing to PrestinFit when due. You agree that you will pay all costs of collection, including legal fees, incurred by PrestinFit.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars. You agree that you will not initiate any chargebacks to PrestinFit unless otherwise authorized by PrestinFit in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against PrestinFit
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify PrestinFit, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Defense Nutrition of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
PrestinFit reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. PrestinFit reserves the right at any time to modify the price charged for the services offered through the Website.
8. Acceptable Uses
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from, without limitation:
- Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
- Suggesting an affiliation with or endorsement by PrestinFit
- Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
- Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- Circumventing PrestinFit’s technological or security protection mechanisms;
- Using a script, robot, spider, scraper, or other automated technology to access the Website;
- Attempting to gain access to the private data or personal information of a user of the Website or a third party;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Harassing and/or stalking a third party through your use of the Website;
- Impersonating another or creating multiple alias accounts;
- Using the Website in furtherance of any unlawful sexual solicitation;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
- Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
- Posting or transmitting content that incites any illegal activity;
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Posting or transmitting content that violates any term or condition of this Agreement; or
- Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
Your violation of any term or condition of this section may result in the immediate termination of your Member Account and the disabling of your access to the Website.
9. Section 230 of Communications Decency Act
You acknowledge and agree that PrestinFit is an interactive computer service provider under Section 230 of the Communications Decency Act. Though PrestinFit may edit, remove, or control the content displayed through the Website, you agree that PrestinFit will not be considered an information content provider for any User Generated Content or third party content and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. PrestinFit may, within its sole and absolute discretion, remove any User Generated Content, including, without limitation, workout videos and articles for any reason and for no reason at all.
11. Copyright Policy
Defense Nutrition’s Website and its associated content and services are © 2015 PrestinFit, LLC.
PrestinFit respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of PrestinFit as owner or authorized licensee and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of PrestinFit’s Website has infringed upon your copyright rights, please provide PrestinFit n with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Defense Nutrition receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. PrestinFit will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to PrestinFit with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in California;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted email to email@example.com
12. Disclaimer of Warranties
PRESTINFIT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR GOODS SOLD THEREON AND SERVICES OFFERED THEREIN. PRESTINFIT PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
PRESTINFIT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY USER-GENERATED OR OTHER CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. DEFENSE NUTRITION DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. DEFENSE NUTRITION RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT PRESTINFIT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT DEFENSE NUTRITION CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO PRESTINFIT FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
You agree to hold harmless, indemnify, and defend PrestinFit, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend PrestinFit under the terms of this Agreement will not provide you with the right to control PrestinFit’s defense, and PrestinFit reserves the right to control its defense regardless of your contractual requirement to defend PrestinFit.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. PrestinFit may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website.
16. Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of Illinois without giving effect to any conflicts of laws principles.
YOU AND PRESTINFIT AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ATLANTIC CITY, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND PRESTINFIT AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF ILLINOIS IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND DEFENSE NUTRITION AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
17. Miscellaneous Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and PrestinFit will not knowingly collect personally identifiable information from children under the age of eighteen (18). If PrestinFit inadvertently collects personally identifiable information, PrestinFit will delete the personally identifiable information in accordance with its security protocols.
PRESTINFIT AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to PrestinFit