Thanks for Visiting Our Website
We hope you enjoy using the Sites. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of the Sites. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at firstname.lastname@example.org. In addition to the lower case words “we,” “us” and “our” defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
Agreement with Our Terms and Conditions
By using the Sites, you agree to accept these terms and conditions, so please be sure to read them carefully. If you do not agree with them, please do not use the Sites. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Unless the law requires otherwise, your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT ULTIMATE NUTRITION PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ULTIMATE NUTRITION CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
While we cannot guarantee that all the features and functions of our Sites will be fully accessible by all people with disabilities, we are committed to making the Ultimate Nutrition shopping experience available to all our customers, including those with disabilities, and have designed the Sites with accessibility in mind. You can help. If you notice any content, feature or functionality of the Sites that is not accessible to people with disabilities, please email us at email@example.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
Restrictions on the Use of the Materials in our Sites
The Sites and all of their content are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Sites is the exclusive property of Ultimate Nutrition and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.
Many of our trademarks and service marks are registered with the U.S. Patent and Trademark Office or are protected by common law and the designs and logos associated with these marks, including the “Ultimate Nutrition” logo and “Full Combat” logo.
These trademarks and service marks may not be used by any party other than Ultimate Nutrition and its affiliated companies without express written consent.
Also, to the extent that we include certain trademarks owned by other parties in our Sites, these trademarks are property of their respective owners.
You agree not to copy, reproduce, or modify any portion of the Sites. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which Ultimate Nutrition owns or has the right to use.
Material can be downloaded onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Sites or use of them for any other purpose will violate our intellectual property rights (and probably the intellectual property rights of some other parties).
Materials Submitted to Us
We welcome any comments you may have regarding the Sites, merchandise, and services. Any comments you submit to us through the Sites, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Sites will not be permitted. You agree to use our Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Sites or Ultimate Nutrition. You alone are responsible for the content and consequences of any of your activities.
Treatment of Sales Tax
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax and in which we have a physical location.
We currently have a physical location in Connecticut. In certain states we are also required to charge tax on shipping charges.
Disclaimer and Limitation of Liability
THE CONTENT ON THE SITES IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ULTIMATE NUTRITION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES OR THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ULTIMATE NUTRITION WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITES OR ANY OTHER WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITES OR ANY OTHER WEBSITE TO WHICH YOU HYPERLINK OR SHARE LINK (AS DESCRIBED ABOVE) FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
FURTHERMORE, ULTIMATE NUTRITION IS NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. ULTIMATE NUTRITION THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
Unless otherwise specified, the materials in our Sites are presented to provide information about Ultimate Nutrition, its products offered for sale and to provide related services and information to visitors.
Ultimate Nutrition controls and operates the Sites from its headquarters in Connecticut, in the United States of America. We in no way imply that the materials on the Sites are appropriate or available for use outside of the United States. If you use our Sites from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations.
Additional Points about the Terms and Conditions of this User Agreement
These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of Connecticut (without applying the State's conflict-of-law principles). Ultimate Nutrition reserves the right to bring any civil action in Connecticut, arising from your violation of the terms and conditions of this Agreement.
If any provision of these terms and conditions is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Ultimate Nutrition may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.