Andys Total Nutrition
TERMS AND CONDITIONS OF USE OF: AndysTotalNutrition.com
1 ACCEPTANCE OF TERMS
Your access to and use of AndysTotalNutrition.com ("the Website") and
any Services referred to in Clause 2, is subject exclusively to these Terms and
Conditions. You will not use the Website/Services for any purpose that is
unlawful or prohibited by these Terms and Conditions. By using the
Website/Services you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms and Conditions you
must immediately stop using the Website/Services.
We reserve the right to update or amend these Terms and Conditions at any
time and your continued use of the Website/Services following any changes shall
be deemed to be your acceptance of such change. It is therefore your
responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat
areas, news groups, forums and/or other message or communication facilities
("the Services") designed to enable you to communicate with others. Unless
stated otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly
children. Parents who wish to allow their children access to and use of the
Website/Services should supervise such access and use. By allowing your child
access to the Services you are allowing your child access to all of the
Services, including email, bulletin boards, chat areas, news groups, forums
and/or other message or communication facilities. It is therefore your
responsibility to determine which Services are appropriate for your child.
Always use caution when revealing personally identifiable information about
yourself or your children via any of the Services.
4 PRIVACY POLICY
We are committed to maintaining the privacy of our users and maintaining the
security of any personal information received from you. If you register for any
of the Services you will be asked to provide basic personal information. The
information provided by you is not available for sale or use by third parties.
The information is used solely for notifying you of changes or updates to the
Website/Services.
We use a technology called "cookies" as part of our normal business
procedure to track patterns of behavior of visitors to the Website. A cookie is
an element of data that the Website sends to your browser that is then stored on
your system. You can set your browser to prevent this happening. Any information
collected in this way can be used to identify you unless you change your browser
settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to
complete the registration process by providing certain information and
registering a username and password for use with that Service. You are
responsible for maintaining the confidentiality of the username and password and
also for all activities which take place under your account. You agree to
immediately notify us of any unauthorized use of your password or account or any
other breach of security. In no event will AndysTotalNutrition.com be liable for
any indirect or consequential loss or damage whatsoever resulting from the
disclosure of your username and/or password. You may not use another persons
account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
You acknowledge that all information, text, graphics, logos, photographs,
images, moving images, sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the sole responsibility of
the person from whom such Content originated. We do not control or endorse the
Content and cannot guarantee the accuracy, integrity or quality of such Content
and you acknowledge that by using the Services you may be exposed to Content
that is offensive and/or indecent. AndysTotalNutrition.com will not be liable in
any way for any Content or for any loss or damage of any kind resulting from the
use of any Content transmitted via the Services and you agree to bear all risks
associated with the use of any Content, including any reliance on the accuracy
or completeness of such Content.
In using the Website/Services you agree not to:
- Use the Services to send junk email, spam, chain letters, pyramid
schemes or any other unsolicited messages, commercial or otherwise;
- Post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing
or unlawful;
- Post, publish, distribute or disseminate material or information that
incites discrimination, hate or violence towards any person or group on
account of their race, religion, disability, nationality or otherwise;
- Threaten, abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
- Use any information or material in any manner that infringes any
copyright, trademark, patent or other proprietary right of any party;
- Make available or upload files that contain a virus, worm, trojan or
corrupt data that may damage the operation of the computer or property of
another;
- Collect or store personal information about others, including email
addresses;
- Advertise or offer to buy or sell goods or services for any commercial
purpose, unless such communication facility specifically allows such
messages;
Impersonate any person or entity for the purpose of misleading others;
- Violate any applicable laws or regulations;
- Use the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other
party's use and enjoyment of the Website/Services;
- Post, publish, distribute or disseminate material or information that
you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information or confidential
information disclosed in the course of employment or under a confidentiality
agreement);
- Attempt to gain unauthorized access to any of the Services, other
accounts, computer systems or networks connected to the Website/Services
through hacking, password mining or any other means.
- We have no obligation to monitor the Services but shall be entitled to
review materials posted to a communications facility and, at our sole
discretion, to remove any material that breaches these Terms and Conditions
or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of the Services at
any time, without notice, for any reason, including without limitation,
breach of these Terms and Conditions. We may also at any time, at our sole
discretion, discontinue the Website/Services or any part thereof without
prior notice and you agree that we shall not be liable to you or any third
party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are
controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that
AndysTotalNutrition.com is not responsible for the content or availability of any
such sites.
9 INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website
design, text, graphics and all software and source codes connected with the
Website and the Services) are protected by copyright, trade marks, patents
and other intellectual property rights and laws. In accessing the Website
you agree that you will access the contents solely for your personal,
non-commercial use. None of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading,
copying and/or printing of pages of the Website for personal, non-commercial
home use only.
AndysTotalNutrition.com does not claim ownership of any materials you post,
upload or submit to any publicly accessible area of the Services. However,
by doing so you are granting us a world-wide, royalty free, non-exclusive
license to copy, distribute, transmit, reproduce, publicly display, edit,
translate or publish such Content for as long as you elect to display such
Content via the Services. The license shall be terminated when such Content
is deleted from the Services.
10 INDEMNITY
You agree to indemnify and hold AndysTotalNutrition.com harmless from and against
any breach by you of these Terms and Conditions and any claim or demand
brought against AndysTotalNutrition.com by any third party arising out of your use
of the Services and/or any Content submitted, posted or transmitted through
the Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses) howsoever suffered or incurred by
AndysTotalNutrition.com in consequence of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services
are provided on an "AS IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
To the extent permitted by law, AndysTotalNutrition.com will not be liable for
any indirect or consequential loss or damage whatsoever (including without
limitation loss of business, opportunity, data, profits) arising out of or
in connection with the use of the Website/Services.
AndysTotalNutrition.com makes no warranty that the Website/Services will meet
your requirements, that Content will be accurate or reliable, that the
functionality of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services or the server
that makes them available are free of viruses or anything else which may be
harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to
exclude or limit the liability of AndysTotalNutrition.com for death or personal
injury as a result of the negligence of AndysTotalNutrition.com
Nothing in these Terms and Conditions shall affect your statutory
rights as a consumer.
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