Pro Nutrition works hard to ensure that you have a great place(s) to research
diet and sport supplements and the lifestyles related to each. Pro Nutrition
is proud of its online efforts and is committed to maintaining the
highest standards possible. This Terms of Use document allows our
valued customers to feel comfortable knowing that Pro Nutrition recognizes and
supports the rights of responsible users.
The website pronutrition.com.my
(hereinafter, "Site") is owned and operated by Pro Nutrition.
This website is for your personal,
non-commercial use only. The Site is not intended to offer any medical
advice or opinions, either implied or explicit, and should not be used
as such or as a substitute for advice from a medical professional.
While the Site offers information about Pro Nutrition®
products, consumers should always read the label before taking the
purchased product and should consult a doctor before starting any diet
or exercise program.
The material contained within the Site is
intended for residents of the United States of America only and shall
only be construed and evaluated according to United States law. This
material is void outside the United States of America , and where
prohibited by law or regulation.
Acceptance of Terms of Use
By using, visiting, or browsing the Site, you accept, without
limitation or qualification, these Terms of Use and agree, without
limitation, to the terms of our Privacy Statement.
If you do not agree to these Terms of Use and Privacy Statement, please
do not use our services or visit our Site. These Terms of Use
constitute the entire agreement between Pro Nutrition and you, and supersedes
all prior or contemporaneous agreements, representations, warranties,
and understandings with respect to the Site, the content, products, or
services provided by or through the Site, and the subject matter of
these Terms of Use.
Changes to the Terms of Use
Pro Nutrition reserves the right, at its discretion, to change, modify, add,
or remove portions of these terms at any time. You are bound by such
revisions and should therefore periodically visit this page to
determine the then current Terms of Use to which you are bound. You can
review the most current version of the Terms of Use at any time by
clicking on the "Terms of Use" hyperlink located at the bottom of the
pages on the Site. By using the Site, you signify your acceptance of
this Terms of Use. Your use of the Site after changes are made
signifies your assent to be bound by the Terms of Use and Privacy
Statement as they exist at that time.
Intellectual Property
The Site and all of its contents including, but not limited to,
articles, other text, photographs, illustrations, graphics, product
names, designs, logos, and the collection, arrangement, and assembly of
all content (collectively, "the Intellectual Property") are protected
by copyright, trademark, and other laws of the United States, as well
as international conventions and the laws of other countries. The
Intellectual Property is the exclusive property of Pro Nutrition.
Copyrights
The copyright in all materials provided on the Site is owned by Pro Nutrition
or its affiliate(s). Subject to the following exception, none of the
material contained in the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form
or by any means including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise, without the prior written consent
of Pro Nutrition. Site visitors may only view, copy, print and download the
materials on the Site for personal, noncommercial use only, provided
such materials are used for informational purposes only, and all
copies, or portions thereof, include this copyright notice. Pro Nutrition may
revoke any of the foregoing rights at any time. Upon termination of any
rights granted hereunder, you must immediately destroy any downloaded
and printed materials. Any unauthorized use of any material contained
on the Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, service marks and logos ("Trademarks") used and
displayed on the Site are either registered or unregistered Trademarks
of Pro Nutrition or its affiliate(s) or used under license. Nothing on the
Site shall be construed as granting, by implication, estoppel, or
otherwise any license or right to use any Trademark displayed on the
Site without the prior written consent of the Trademark owner. The name
MuscleTech or any of the Trademarks may not be used in any way
including in any advertising or publicity pertaining to distribution of
materials on the Site without the prior written consent of Pro Nutrition.
Pro Nutrition prohibits use of its name or any MuscleTech logo and Trademarks
as a "hot" link to any non-Pro Nutrition Site, unless establishment of such
link is approved in advance by Pro Nutrition in writing.
Your use of the Site does not provide you with ownership rights to any
Intellectual Property viewed through the Site nor does it waive any of
Pro Nutrition's rights in such information and materials. Pro Nutrition will
aggressively enforce its intellectual property rights to the fullest
extent of the law.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form, or
document from the Site grants you only a limited, non-exclusive license
for use solely by you for your own personal, non-commercial use. You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
offer for sale any information contained on, or obtained from, the
Site. Illegal and/or unauthorized uses of the Site, including
collecting usernames and/or email addresses of members by electronic or
other means for the purpose of sending unsolicited commercial email;
using any information retrieval system, whether electronic or through
other means, to reproduce any of the content of the Site other than for
your personal use; and unauthorized framing or linking to the Site will
be investigated and appropriate legal action will be taken, including
civil, criminal, and injunctive redress.
Site User Conduct
You must be 18 years of age or older to access our Site. As a user of
the Site, you agree that in connection with your use of the Site and
the content you will not:
1. Upload, post, email, or otherwise transmit any content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, pornographic, libelous, invasive of
anyone's privacy, hateful, or racially, ethnically, or otherwise
objectionable;
2. Impersonate any person or entity, including, but not limited to, an
International Federation of BodyBuilders (IFBB) official, a National
Physique Committee (NPC) official, an International Olympic Committee
(IOC) official, a professional sports official, a current or former
professional or amateur athlete, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
3. Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
4. Use the Site for any unlawful purpose;
5. Upload, post, email, or otherwise transmit any content that you do
not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary, and
confidential information learned or disclosed as part of employment
relationships or under non-disclosure agreements);
6. Upload, post, email, or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright, or other
intellectual property right of any party;
7. Upload, post, email, or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post, email, or otherwise transmit any material that
contains software viruses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Site, the services, the content or
servers or networks connected to the Site, the services or the content,
or disobey any requirements, procedures, policies, or regulations of
networks connected to the Site, the services, and/or the content, the
terms of which are incorporated herein;
10. Intentionally or unintentionally violate any applicable local, state, national, or international law.
Termination
Pro Nutrition reserves the right to terminate your access to the Site or any
of its services if it determines that you do not comply with these
Terms of Use; provide false, inaccurate, or incomplete information
during our registration process; engage in any conduct that would
otherwise harm any of Pro Nutrition's rights or interests in its Site,
services, or other property; or for any or no reason whatsoever without
prior notice to you. Upon termination, you must cease use of the Pro Nutrition
Site and destroy all materials obtained from such site and all copies
thereof, whether made under the terms of these Terms of Use or
otherwise.
User Submissions
Pro Nutrition or any of its affiliates is free to use, without limitation, any
comments, information, suggestions, messages, ideas, concepts, reviews,
or techniques contained in any communication you may send to the Site
without any compensation, acknowledgement, or payment to you for any
purpose whatsoever including, but not limited to, manufacturing,
developing, marketing, and selling products and services, and creating,
modifying or improving the Site or other websites. Furthermore, by
posting any information on our Site, you grant us a nonexclusive,
royalty-free, worldwide, perpetual license to display, use, reproduce
or modify that information. Any information submitted on the Site is
subject to our Privacy Statement,
the terms of which are incorporated herein.
Disclaimer of Warranty
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER
VIOLATIONS OFRIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PRO NUTRITION SITE OR THE SERVERS THAT MAKE SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF
ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM
THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS
OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON ANY PRO NUTRITION SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL PRO NUTRITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
(JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS
OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE
SITE, EVEN IF PRO NUTRITION OR ANY PRO NUTRITION REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE
AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
Links
The Site may provide links to other World Wide Web sites or resources.
Pro Nutrition has not reviewed these sites and is not responsible for the
accuracy, content, privacy policies or availability of information
found on sites that link to or from any Pro Nutrition Site. We cannot ensure
that you will be satisfied with any products or services that you
purchase from a third-party site that links to or from any Pro Nutrition Sites
or third-party content on our sites. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party
sites or content. We do not make any representations or warranties as
to the security of any information (including, without limitation,
credit card and other personal information) you might be requested to
give any third party, and you hereby irrevocably waive any claim
against Pro Nutrition with respect to such sites and third-party content. We
strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. Neither Pro Nutrition nor its
affiliates, employees, directors, officers, or agents shall be liable
for any damages, including but not limited to direct, indirect,
incidental, consequential, or punitive damages arising out of your use
of third-party material or third-party sites that are linked to this
Site. No link to the Site may be framed to the extent that such frame
contains any sponsorship, advertising, or other commercial text or
graphics. All links to the Site must be to pronutrition.com.my.
Deep linking to internal pages of this Site is expressly prohibited
without prior written consent from Pro Nutrition.
Indemnity
You agree to defend, indemnify, and hold harmless Pro Nutrition, its officers,
directors, employees, and agents, from and against any claims, actions,
or demands, including, but not limited to, reasonable legal and
accounting fees, alleging or resulting from your use of the Site or
your breach of these Terms of Use. Pro Nutrition shall provide notice to you
promptly of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit, or proceeding.
Choice of Law
You agree that any issue or dispute arising out of or in connection
with your use of our Site, intellectual property, the Terms of Use, the
Privacy Statement, or any matter concerning Pro Nutrition shall be governed by
the laws of the United States and the State of New York . You agree
that any such issue or dispute shall be brought exclusively in the
federal or state courts located in the Southern District of New York.
If any provision of the Terms of Use and Privacy Statement is found to
be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of the Terms of Use and Privacy Statement, which shall
remain in full force and effect.
By using the Site, you agree to comply with all applicable laws and
regulations of the United States . The material provided on the Site is
protected by law including, but not limited to, United States copyright
and trademark law and international treaties. Pro Nutrition makes no
representation that materials contained in the Sited are appropriate or
available for use in other locations and access to them from
territories where their contents are illegal is prohibited. Those who
choose to access the Site from other locations outside the United
States do so at their own initiative and are responsible for compliance
with applicable local laws.
Copyright and Trademark Notices
All contents of the Site are: © 2006 Pro Nutrition. All rights reserved.