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TERMS AND CONDITIONS OF USE

These TERMS AND CONDITIONS OF USE (“Terms of Use”) apply to the website of Nutrifit, LLC (“Nutrifit”), an Ohio limited liability company, and all of its content, and all associated websites and all of their content (collectively, the “Site”). BY USING THE SITE, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Nutrifit reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Nutrifit grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.

1. INTELLECTUAL PROPERTY. This Site and all of its contents including, but not limited to, trademarks, trade names, service marks, articles, other text, photographs, illustrations, graphics, product names, designs, 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. All of the Intellectual Property is owned by and the property of either Nutrifit, or its licensors, affiliates, partners, suppliers, vendors, or distributors. None of the Intellectual Property 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, express written consent of Nutrifit. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any of the Intellectual Property displayed on the Site without the prior written consent of Nutrifit or the applicable Intellectual Property owner. 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 Nutrifit’s or its licensors’, affiliates’, partners’, suppliers’, vendors’, or distributors’ rights in such information and materials.

Notwithstanding the foregoing, you may use information on Nutrifit’s products and services made available on the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.

2. USE OF THE SITE. By visiting and/or using this Site, you agree to refrain from doing all of the following: (i) using any “deep-link”, “page-scrape”, "robot", “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means; (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Nutrifit on or through the Site or any service offered on or through the Site; (vii) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; or (viii) use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nutrifit or others. Any actions in violation of these Terms of Use will be prosecuted to the fullest extent of the law, including but not limited to, by possible civil, criminal, and injunctive redress.

Nutrifit reserves the right to terminate your access to the Site and any of its services if it determines that you have not complied with or are not currently complying 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 Nutrifit’s, or its licensors, affiliates, partners, suppliers, or vendors’ rights or interests in the Site, services, or other property; or for any or no reason whatsoever, without prior notice to you. Upon termination, you must cease use of Nutrifit’s Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise.

3. COMMUNICATIONS. You hereby disclaim any and all ownership, royalties, claims for credit, and any other form of compensation or recognition whatsoever, over any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques, including but not limited to, those related to manufacturing, developing, marketing, selling products and services, or creating, modifying or improving the Site, contained in any communication you may send to Nutrifit, whether through the Site or by any other means. Moreover, you hereby grant Nutrifit a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, and modify any information you post on the Site.

4. ORDERS. Orders placed will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from the Site in accordance with Nutrifit’s return and exchange policy in effect at the time of your purchase.
5. INFORMATION/SITE ACCURACY. Nutrifit attempts to ensure that information on the Site is complete, accurate and current, however the information on the Site may occasionally be inaccurate, incomplete or out of date. Nutrifit makes no representation or warranties as to the completeness, accuracy or currentness of any information on the Site. Products on the Site may be unavailable, have different attributes than those listed, or may actually carry a different price than that stated on the Site. Nutrifit may make changes in information about price and availability of products and services without prior notice. Although Nutrifit routinely confirms orders by e-mail, the receipt of an e-mail order confirmation does not constitute an acceptance of an order or a confirmation of an offer to sell a product or service. Nutrifit reserves the right, without prior notice, to limit the order quantity of any product or service and/or to refuse service to any customer. Nutrifit may also require verification of information prior to the acceptance and/or shipment of any order.
6. DISCLAIMERS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NUTRFIT NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, OR DISTRIBUTORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER NUTRFIT NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, OR DISTRIBUTORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, SUPPLIERS, AND/OR VENDORS, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUTRIFIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND/OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NUTRIFIT HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. NUTRIFIT MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND/OR WARRANTIES PERTAINING TO THE SAFETY, QUALITY, NUTRITIONAL VALUE, OR EFFECTIVENESS OF ANY PRODUCT OR SERVICE MARKETED, SOLD, BOUGHT, FEATURED, OR ADVERTISED THROUGH OR ON THE SITE. NUTRIFIT IS STRICTLY A RESELLER AND DOES NOT ENDORSE ANY PRODUCTS AND/OR SERVICES MARKETED, SOLD, BOUGHT, FEATURED, OR ADVERTISED THROUGH OR ON THE SITE. NUTRIFIT MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST NUTRIFIT, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS AND ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SITE.

7. LIMITATIONS OF LIABILITY. Neither Nutrifit nor any of its officers, directors, employees, shareholders, affiliates, agents, successors, affiliates or assigns assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. IN NO EVENT WILL NUTRIFIT OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

8. NO HEALTH ADVICE. The information contained on the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor and/or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with Nutrifit) 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. You should read carefully all product packaging prior to use.

9. LINKS. The Site may provide links to other web sites or resources. Nutrifit 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 Nutrifit’s Site. Nutrifit does 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 web sites or content. Nutrifit does 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 Nutrifit with respect to such sites and third-party content. Neither Nutrifit nor its affiliates, employees, directors, officers, or agents is 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 web 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. Deep linking to internal pages of this Site is expressly prohibited without the prior, express written consent of Nutrifit.

10. INDEMNITY. You agree to defend, indemnify, and hold harmless, Nutrifit, its officers, directors, employees, agents, successors, and assigns, from and against, any and all 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. Nutrifit shall provide notice to you promptly of any such claim, suit, or proceeding and you shall, at your sole cost and expense, defend any such claim, suit, or proceeding.

11. ARBITRATION. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW ANY CLAIMS THAT YOU AND NUTRIFIT HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR DISAGREEMENTS WITH NUTRIFIT arising out of (i) your use of or interaction with the Site, (ii) any purchases or other transactions or relationships with Nutrifit, its agents, affiliates, successors, and/or assigns, or (iii) any data or information you may provide to Nutrifit or that Nutrifit may gather in connection with such use, interaction or transaction, shall be resolved via arbitration. You understand, acknowledge, and agree that you are hereby waiving your right to pursue a claim in court, or have a jury decide the claim, and that you will not have the right to bring or participate in any class action or similar proceeding in court.

In the event Nutrifit is unable to informally resolve any complaints, disputes, or disagreements that you may have with it, you agree to submit such unresolved claim, whether arising out of these Terms of Use, Nutrifit’s Privacy Statement, or any content involving or related to the Site, to final and binding arbitration (“Arbitration”) in accordance with the American Arbitration Association (“AAA”) rules and procedures in effect at the time the Arbitration is initiated. This Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding anything contained herein to the contrary, you hereby agree that the following shall apply to any Arbitration proceeding initiated hereunder: (i) the Arbitration shall be conducted before a single arbitrator selected in accordance with the applicable AAA rules or by mutual agreement between you and Nutrifit (the “Arbitrator”); (ii) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to, any claim that all or any part of these Terms of Use is void or voidable; (iii) the Arbitration shall be held either (a) in a mutually agreeable location in Lake County, Ohio, or, in the event the foregoing location is disallowed by the applicable AAA rules, a location determined by the AAA pursuant to the applicable rules; or (b) at your election, if the only claims in the Arbitration are asserted by you and are for less than $10,000 in the aggregate, by telephone or by written submission; (iv) the Arbitrator (a) shall apply internal laws of the State of Ohio consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles, (b) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Ohio or federal rules of procedure, as applicable, (c) shall honor claims of privilege recognized at law, and (d) shall have authority to award any form of legal or equitable relief; (v) the Arbitration can resolve only your and/or Nutrifit's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; (vi) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it; and (vii) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the applicable AAA rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Nutrifit may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Nutrifit has given notice of such modifications and only on a prospective basis for claims occurring after the effective date of such notification. In the event the AAA is no longer in existence, all unresolved complaints, disputes, or disagreements that you may have with Nutrifit shall be submitted to the appropriate court in Lake County, Ohio for resolution.

Notwithstanding the foregoing or anything contained herein to the contrary, you agree that any issue or dispute arising out of or in connection with your use of the Site, Intellectual Property, the Terms of Use, or any other matter concerning Nutrifit, shall be governed by the laws of the United States and the State of Ohio.

12. ACCOUNTS, PASSWORDS AND SECURITY. Certain features or services offered on or through the Site may require you to open an online account (including setting up a username and password) (an “Account”). You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential. You agree to notify Nutrifit immediately of any unauthorized use of your Account, or any other breach of security. You may be held liable for losses incurred by Nutrifit or any other user of or visitor to the Site due to someone else using your Account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Account at any time without the express permission and consent of the holder of that Account. Nutrifit cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

13. 13. ENTIRE AGREEMENT. These Terms of Use, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Nutrifit and you relating to the subject matter hereof and supersede any prior versions of these Terms of Use as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

You understand that any information as found within our Website is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice.

No products are approved by the FDA and it is advised that you do the necessary research for any type of supplement that you put into your body. NutriFit is not responsible for any side effects, health issues/complications from any of the productsavailable for sale in-store or available through the online site.

The chemicals/materials for sale here are intended for laboratory and research use only, unless otherwise explicitly stated. They are not intended for human ingestion or for use in products that may be ingested. You must be at least 18 (eighteen) years of age to purchase goods on this website. The listing of a material on this website does not constitute a license to, or a recommendation for its use in infringement of any patent whatsoever. It is understood that all of the products purchased here will be handled only by qualified and trained individuals.