PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY
THAT GOVERN YOUR USE AND PURCHASE OF PRODUCTS
FROM THE GENETIC BREAKTHROUGH NUTRITION
WEBSITE. BY ACCESSING THIS WEBSITE YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. THESE TERMS AND CONDITIONS ARE
SUBJECT TO CHANGE. ANY CHANGES WILL BE
INCORPORATED INTO THE TERMS AND CONDITIONS
POSTED TO THIS WEBSITE FROM TIME TO TIME.
IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, PLEASE DO NOT ACCESS THIS
WEBSITE.
Acceptance of Terms:
Following are all the terms of agreement
between you and Genetic Breakthrough Nutrition.
By browsing, accessing, and/or using this
Site, you acknowledge that you have read,
understood, and agree, to these terms
and to comply with all applicable regulations
and laws, including U.S. export control
laws and regulations. If you cannot agree
to these terms, please do not use this
Site. The content on this Site is protected
by law, including, but not limited to,
United States Copyright Law. This Site
is managed and operated by Genetic Breakthrough
Nutrition from its offices within the
United States. Genetic Breakthrough Nutrition
makes no representation that materials
in the Site 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 this Site from other locations
do so on their own initiative and are
responsible for compliance with applicable
laws.
Use of Website:
You
agree to use the Website for lawful purposes.
You agree not to use the service for illegal
purposes or for the transmission of material
that is unlawful, harassing, libelous,
invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene,
or otherwise objectionable, or that infringes
or may infringe the intellectual property
or other rights of another or that violates
any federal, state, or local law. You
agree that Genetic Breakthrough Nutrition
may in its sole discretion terminate your
access to our Website, without notice,
if we believe you have in any way violated
our Terms of Use.
Copyright Notice:
The copyright for all material provided
on this website is owned by Genetic Breakthrough
Nutrition, LLC. All Rights Reserved. You
acknowledge and agree that all content,
including but not limited to text, software,
music, sound, photographs, graphics, video,
or other material contained in advertisements
or information presented to you on our
Website is protected by our or other third
parties' copyrights, trademarks, service
marks, patents, or other proprietary rights
and laws. Genetic Breakthrough Nutrition
authorizes you to view and download materials
at the Website only for your personal,
non-commercial use, provided you retain
all copyright and proprietary notices
contained in the original materials on
any copies of the materials. You may not
modify the materials on the Website in
any way or reproduce or publicly display,
perform, distribute, transmit, create
derivative works of, or otherwise use
them for any public or commercial purpose.
Any use of these materials on any other
website (including without limitation,
displaying this Website or any material
displayed on or that can be downloaded
from this Website in frames on another
website without Genetic Breakthrough Nutrition
express written permission) is prohibited.
This permission terminates automatically
if you breach any of these terms or conditions.
Upon termination, you must immediately
destroy any downloaded and printed materials.
You also may not, without Genetic Breakthrough
Nutrition permission, "mirror"
any material contained on this Site on
any other server. Any unauthorized use
of any material contained on this Site
may violate copyright laws, trademark
laws, the laws of privacy and publicity,
and communications regulations.
Intellectual Property
The
Sites and all of their 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 Genetic Breakthrough Nutrition,
LLC.
Limited Use Right
The
viewing, printing or downloading of any
content, graphic, form, or document from
the Sites 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 Sites.
Illegal and/or unauthorized uses of the
Sites, 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 Sites
other than for your personal use; and
unauthorized framing or linking to the
Sites will be investigated and appropriate
legal action will be taken, including
civil, criminal, and injunctive redress.
Modifications:
We
reserve the right to modify or discontinue,
temporarily or permanently, any or all
of the Website and/or any or all features,
products, prices of products, services
or information appearing on or available
through any or all of the Website with
or without notice to you. You agree that
we shall not be liable to you or any third
party for any modification or discontinuance
of such features, products, prices, services,
or information on the Website or the Website
itself.
Health Notice:
The information contained in the Genetic
Breakthrough Nutrition web site is provided
for informational purposes only and is
not meant to substitute for the advice
provided by your doctor or other health
care professional. You should not use
the information available on the site
for diagnosing or treating a health problem
or disease, or prescribing any medication.
Information and statements regarding dietary
supplements have not been evaluated by
the Food and Drug Administration and are
not intended to diagnose, treat, cure,
or prevent any disease.
Sale
Of Products:
You
may be provided with the opportunity to
purchase products through the Website
and/or from third party websites linked
to the Website. Products purchased through
the websites of others are subject to
the terms and conditions of such other
parties and their websites, and Genetic
Breakthrough Nutrition shall have no liability
or responsibility for them.
User Feedback and Submissions:
Any ideas, messages, suggestions, or concepts
that are submitted shall become, and remain,
the property of Genetic Breakthrough Nutrition.
You agree that any submissions may be
used in whole or in part for any purpose
including reproduction, transmission,
publication, and posting. You additionally
agree that the website use any ideas,
concepts, techniques, or knowledge contained
in any communication you send to this
website for any purpose what so ever including,
but not limited to, developing, manufacturing,
marketing, and selling products based
upon such information without any obligation
to compensate you or anyone else for them.
Do not transmit any unlawful, threatening,
libelous, defamatory, obscene, pornographic,
or profane material.
GBN
Commucication
You agree that Genetic Breakthrough Nutrition
may send electronic mail to you for the
sole purpose of advising you of changes,
product specials or additions to this
Site, about any of Genetic Breakthrough
Nutrition product(s) or services, or for
such other purpose(s).
Links To Other
Sites
Our
Website may provides links to other websites
or resources. These links are for your
convenience only and are not under our
control. You acknowledge and agree that
Genetic Breakthrough Nutrition is not
responsible for the availability of such
external sites or resources, and does
not endorse any such site, its use or
contents and is not responsible or liable
for any content, advertising, products,
or other materials on or available from
such websites or resources. You agree
that Genetic Breakthrough Nutrition shall
not be responsible or liable, directly
or indirectly, for any damage or loss
caused or alleged to be caused by or in
connection with your use of or reliance
on any such content, goods or services
available on such external sites or resources.
In the event you decide to access or use
any of these other websites or resources,
you agree you do so at your own risk..
DISCLAIMER
OF WARRANTIES
DISCLAIMER
THIS
SITE AND ALL CONTENTS OF THE SITE ARE
PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE SITE, THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, THAT
YOU ASSUME FULL RESPONSIBILITY FOR ALL
COSTS ASSOCIATED WITH ALL NECESSARY SERVICING
OR REPAIRS OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF OUR SITE,
AND THAT GENETIC BREAKTHROUGH NUTRITION
SHALL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND RELATED TO YOUR USE OF THIS SITE.
LIMITATION OF LIABILITY
YOU
AGREE THAT GENETIC BREAKTHROUGH NUTRITION
AND ITS AFFILIATES SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
RESULTING FROM THE USE OR THE INABILITY
TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS
OR INFORMATION OBTAINED ON OR THROUGH
THE WEBSITE, EVEN IF GENETIC BREAKTHROUGH
NUTRITION OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES
FROM: PERSONAL INJURY; DOWNLOADING ANY
MATERIAL CONTAINED ON OR ACCESSED THROUGH
THE WEBSITE; LINKING TO ANY THIRD PARTY
WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED
ACCESS TO ANY INFORMATION ON THE WEBSITE
AND/OR SUBMITTED BY YOU TO OR THROUGH
THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES; ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE WEBSITE; AND/OR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT GENETIC BREAKTHROUGH
NUTRITION AND ITS AFFILIATES SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM
INTERRUPTION, SUSPENSION OR TERMINATION
OF THE WEBSITE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER
SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
DOMESTIC USE & EXPORT RESTRICTION
We
control the Website from our offices within
the United States of America . We make
no representation that the Website or
its content (including, without limitation,
any products or services available on
or through the Website) are appropriate
or available for use in other locations.
Users who access the Website from outside
the United States of America do so on
their own initiative and must bear all
responsibility for compliance with local
laws, if applicable. Further, the United
States export control laws prohibit the
export of certain technical data and software
to certain territories. No content from
the Website may be downloaded in violation
of United States law.
INDEMNITY
You
agree to defend, indemnify, and hold harmless
Genetic Breakthrough Nutrition, its officers,
directors, employees, and agents, from
and against any claims, damages, costs
and expenses including attorneys’
fees, arising from or related to your
use of the Site. Genetic Breakthrough
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 Sites, intellectual property, the
Terms of Use, the Privacy Statement, or
any matter concerning Genetic Breakthrough
Nutrition shall be governed by the laws
of the United States and the State of
Texas. You agree that any such issue or
dispute shall be brought exclusively in
the federal or state courts located in
the State of Texas. 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.
Genetic Breakthrough 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 Sited from other locations
outside the United States do so at their
own initiative and are responsible for
compliance with applicable local laws.
GENERAL
These
Terms of Use and our Privacy Policy constitute
the entire agreement between you and Genetic
Breakthrough Nutrition with respect to
the Website; provided, however, that certain
provisions of these Terms of Use may be
superceded by expressly designated legal
notices or terms which may be located
on particular pages on the Website. Our
failure to exercise or enforce any right
or provision of these Terms of Use shall
not constitute a waiver of such right
or provision by us. If any provision of
these Terms of Use is found by a court
of competent jurisdiction to be invalid,
the parties nevertheless agree that the
court should endeavor to give effect to
the parties' intentions as reflected in
the provision, and the other provisions
of our Terms of Use remain in full force
and effect. Your agree that regardless
of any statute or law to the contrary,
any claim or cause of action arising out
of or related to use of the Website or
our Terms of Use must be filed within
one (1) year after such claim or cause
of action arose or be forever barred.
INACCURACY
From
time to time there may be information
on Genetic Breakthrough Nutrition website
that contains typographical errors, inaccuracies,
or omissions that may relate to product
descriptions, pricing, and availability.
We reserve the right to correct any errors,
inaccuracies or omissions and to change
or update information at any time without
prior notice (including after you have
submitted your order). We apologize for
any inconvenience this may cause you.
Miscellaneous
Unless
otherwise specified and except to the
extent Genetic Breakthrough Nutrition
product(s) are offered for sale in the
United States through this Site, this
Site and the Contents there of are displayed
solely for the purpose of promoting Genetic
Breakthrough Nutrition products and services
available in the United States and select
foreign markets. This Site is controlled
and operated by Genetic Breakthrough Nutrition
from its offices in Houston, TX.
Termination
This
Agreement is effective unless and until
terminated by either you or Genetic Breakthrough
Nutrition. You may terminate this Agreement
at any time. Genetic Breakthrough Nutrition
also may terminate this Agreement at any
time and may do so immediately without
notice, and accordingly deny you access
to the Site, if in Genetic Breakthrough
Nutrition sole discretion you fail to
comply with any term or provision of this
Agreement. Upon any termination of this
Agreement by either you or Genetic Breakthrough
Nutrition, you must promptly destroy all
materials downloaded or otherwise obtained
from this Site, as well as all copies
of such materials, whether made under
the terms of this Agreement or otherwise
Copyright and Trademark
Notices
All
contents of the Site are: Copyright ©
2008 Genetic Breakthrough Nutrition, LLC.
All rights reserved.
