Terms and Conditions
YOU MUST BRING ANY CLAIM AGAINST NUTRAMENT IN ACCORDANCE WITH THE ARBITRATION PROVISIONS HEREIN AND, IN ANY EVENT, WITHIN 60 DAYS OF THE EVENTS GIVING RISE TO SUCH CLAIM.
As used in this Agreement, “you” or “your” means the individual, corporation or other entity that uses the Nutrament Websites or any portion thereof in any manner. Nothing herein permits you to use the Nutrament Websites or any services offered or information contained therein without first obtaining any rights or consents necessary, as described herein, as set forth in another contract or as proffered by any applicable law.
Modifications of This Agreement
We reserve the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any Nutrament Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Nutrament Website.
Nutrament is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from any Nutrament Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party sites. We do not make any representations or warranties as to the security of any information you might give on any third-party site.
Unless otherwise explicitly specified on the Nutrament Websites, the information on all Nutrament Websites is intended solely for use and access by persons residing in the United States, its territories and possessions. Nutrament controls and operates its Websites from offices located in the United States and makes no representations or warranties that the information, products or services contained on any of the Nutrament Websites is appropriate for use or access in other locations. Anyone using or accessing any of the Nutrament Websites from other locations assumes all responsibility for compliance with local United States laws, if and to the extent applicable, in connection with the Website.
The Nutrament Websites are intended for use by persons over age 18. If you are under the age of 18, you may not use the Nutrament Websites.
Your Limited License to Use the Nutrament Websites
Unless otherwise explicitly specified herein, all materials that are included in or are otherwise a part of any Nutrament Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Nutrament or by third parties who have licensed their materials to Nutrament and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on any Nutrament Website is the exclusive property of Nutrament and is protected by U.S. and international copyright laws. Except as solely provided in the next paragraph, no material from any Nutrament Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
As used in this Agreement, “Content” means any and all information or materials, including text, personal information, images, logos, graphics, commentary, literary works and any intellectual property rights contained therein, that you upload, submit, or otherwise provide or view in connection with your use or your agents’ use of the Nutrament Websites.
You hereby grant Nutrament a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to perform such acts with respect to the Content as may be necessary, in Nutrament’s sole discretion, in connection with the conduct of Nutrament’s business or its administration of the Website, including the right to: (i) deliver Content in accordance with the preferences you set using your account and any authorized subaccounts; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of the Content; (iii) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Nutrament Websites and any administration thereof; and (iv) utilize Content to test Juice Juice’s internal technologies and processes.
Acceptable Use Guidelines
All Nutrament Websites and their contents are intended solely for, and may be used solely for, personal, non-commercial purposes.
In addition, you agree not to:
- Use or access any Nutrament Website for any purpose that is unlawful or prohibited by this Agreement;
- Use or access any Nutrament Website in a manner that could damage, disable, overburden, or impair any Nutrament server
or the networks connected to any Nutrament server or the server of its service provider;
- Use or access the Nutrament Website by any automated means (e.g., crawlers, scrapers, bots), including in order to alter the order or appearance of the Nutrament Websites’ appearance in any search engine results;
- Use or access the Nutrament Website to engage in, further or promote any illegal activity;
- Use or access any Nutrament Website in a manner that would interfere with any third party’s use and enjoyment of any Nutrament Website or any other rights of a third party; or
- Attempt to gain unauthorized access to accounts, computer systems or networks connected to any Nutrament server or the server of its service provider through hacking, password mining or any other means.
Registration, Authorization and Access
Nutrament will review the Application and determine, in Nutrament’s sole discretion, whether to accept the Application. Nutrament shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Nutrament Websites at any time for any reason. Upon acceptance of your Application by Nutrament, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Nutrament Website.
Nutrament reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Nutrament immediately about any unauthorized use of your Password or any breach of security. You further agree that Nutrament shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Nutrament.
Information About Health and Fitness
Information presented on the Website is intended to provide general health, nutrition and fitness information. It is not intended to be a substitute for professional medical advice. You should consult your doctor or other health care professional for advice/services relating to health, nutrition and fitness, including before undertaking any new diet, nutritional or fitness program. Advance consultation with your physician is particularly important for minors, or if you are pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
ALL NUTRAMENT WEBSITES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUTRAMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY NUTRAMENT WEBSITE OR THE INFORMATION OR MATERIALS INCLUDED ON ANY SUCH WEBSITE. NUTRAMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, SYSTEM OPERATION AND FREEDOM FROM COMPUTER VIRUS. NUTRAMENT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY NUTRAMENT WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NUTRAMENT WEBSITE OR THE SERVER THAT MAKES ANY NUTRAMENT WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY NUTRAMENT WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY NUTRAMENT WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK AND YOU BEAR RESPONSIBILITY FOR ANY DEFECTS IN THE NUTRAMENT WEBSITES.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW DISCLAIMER OR EXCLUSION OF WARRANTIES. SO THE ABOVE DISCLAIMER MAY NOT BE APPLICABLE.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NUTRAMENT OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS ANY NUTRAMENT WEBSITE, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NUTRAMENT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT NUTRAMENT, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL NUTRAMENT BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Nutrament Websites shall be subject to the Harvest Hill Beverage Company Policy Regarding Submissions, Postings and Other Communications. Such submissions constitute “Content” as detailed therein.
Online Copyright Infringement Notification Policy
Please direct all notices or counter-notices to: VP of Marketing at Nutrament. info@Nutrament.com (“Designated Agent”).
If you believe that any Nutrament Websites contain materials that constitute copyright infringement, please notify Nutrament immediately.
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Identification of the material that is claimed to be infringing and that is to be removed or access disabled, including information sufficient for us to reasonably locate the identified material, including the URL in the body of your notice so that we may quickly locate the content;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf (“Complainant”).
Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts located within the State of Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Nutrament (company owner) will send a copy of the counter-notice to the Complainant informing that person that Nutrament may replace the removed content or cease disabling it in 10 business days.
Unless we receive notice that the copyright owner is seeking a court order to prevent further infringement of the materials, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please note that under Title 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD NUTRAMENT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, RELATED IN ANY WAY TO (I) YOUR USE OF ANY NUTRAMENT WEBSITE, (II) ANY OF YOUR CONTENT, AND/OR (III) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Term and Termination
Nutrament shall have the right to terminate your access to, and use of, any and/or all Nutrament Websites immediately in its sole discretion. Nutrament also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Nutrament Websites.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of any applicable Nutrament Websites; and (b) as applicable, pay any amounts owed to Nutrament in full within thirty (30) days from the date of such termination.
This Agreement shall be governed by and construed under the laws of the State of Connecticut, without regard to conflicts of laws principles. YOU AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY NUTRAMENT WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED WITHIN CONNECTICUT. YOU FURTHER AGREE TO SUBMIT TO THE PERSONAL JURISIDICTION AND VENUE OF THE COURTS LOCATED WITHIN CONNECTICUT EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION PROVISION PARAGRAPH BELOW.
Commencement of Actions; Arbitration
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS AGREEMENT, ANY NUTRAMENT WEBSITE OR USE THEREOF, MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. Within that year, you agree to notify Nutrament of your claim by sending a notice to the following agent explaining the basis for the claim: VP of Marketing at Nutrament. info@Nutrament.com Please note this limitation may not apply to you depending upon your state of residence.
Any issues or challenges relating to the arbitrators’ jurisdiction and arbitrability to the arbitrator will be governed by Rule 11(C) of the JAMS Comprehensive Arbitration Rules and Procedures.
Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
The failure of Nutrament to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Nutrament’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Nutrament may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Nutrament’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be modified except in writing, signed by both parties.
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