General Terms & Conditions

TERMS & CONDITIONS:

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (“Terms of Use”) govern your access to and the use, whether as a guest or a registered user, of the website located at www.discountnutritiontampa.com and all associated websites linked to www.discountnutritiontampa.com (collectively, the “Site”) provided by Discount Nutrition Tampa, LLC., its parents, subsidiaries, and/or affiliates (collectively, “Discount Nutrition Tampa”). BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

Discount Nutrition Tampa reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. All changes are effective immediately when we post them. It is your responsibility to check these Terms of Use periodically for changes, and immediately discontinue access or use of the Site if you do not want to agree to the revised Terms of Use. 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, Discount Nutrition Tampa grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 CONTENT AND TRADEMARKS

The Site and its entire contents, features and functionality including without limitation all information, text, graphics, user interfaces, software, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to Discount Nutrition Tampa and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property or proprietary rights and unfair competition laws.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Discount Nutrition Tampa and its parents, subsidiaries and affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, “Trademarks”). Nothing in these Terms of Use or otherwise provided on the Site grants, or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of Discount Nutrition Tampa or such other owner. Neither Discount Nutrition Tampa’ name nor any of the Trademarks may be used in any way, including but not limited in any advertising or publicity regarding distribution of materials on the Site, without Brands’ prior written consent. Without limiting the generality of the foregoing, Discount Nutrition Tampa prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by Discount Nutrition Tampa in writing.
 

PERMITTED USE OF THE SITE AND CONTENT

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, downloaded, posted, publicly displayed, encoded, translated, modified, used to create derivative works of, transmitted or distributed in any way, including mirroring, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Discount Nutrition Tampa’ express prior written consent.

You may use information on Discount Nutrition Tampa’ products and services that is purposely made available by Discount Nutrition Tampa for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) 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, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
No right, title or interest in or to the Site or any Content is being transferred to you, and all rights not expressly granted are reserved by Discount Nutrition Tampa. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use; (iv) to transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (v) to impersonate or attempt to impersonate Discount Nutrition Tampa, a Discount Nutrition Tampa employee, another user or any other person or entity; or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm Discount Nutrition Tampa or users of the Site or expose them to liability.

Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. Without limitation, you must not: (i) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (ii) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (iii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

USER CONTENT

From time to time, Discount Nutrition Tampa may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums, that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you hereby grant Discount Nutrition Tampa and its parents, subsidiaries, affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, create derivative works of, sublicense, distribute and otherwise disclose such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own your User Contributions or otherwise have sufficient rights in such User Contribution and all of User Contributions comply with the Content Standards set out in these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Discount Nutrition Tampa is not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Discount Nutrition Tampa has the right to take any actions that we consider to be appropriate to ensure that the Site is operated in an appropriate manner. We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Discount Nutrition Tampa. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may terminate or suspend your access to all or part of the Site for any reason that we determine to be adequate, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY DISCOUNT NUTRITION TAMPA.

We do not undertake to review any User Contributions before it is posted on the Site, and cannot ensure prompt removal of objectionable User Contributions after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (ix) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (x) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (xii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

ACCESS, ACCOUNTS, PASSWORDS AND SECURITY

You are responsible for making all arrangements necessary for you to have access to the Site. If you allow any persons to access the Site through your internet connection, you must ensure that they are aware of these Terms of Use and comply with them.

Certain features or services offered on or through the Site may require you to open 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. You shall notify Discount Nutrition Tampa immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Discount Nutrition Tampa 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. Additionally, you agree that all information you provide to open an account with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Discount Nutrition Tampa cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY
Your use of the Site and any information provided by you or gathered by Discount Nutrition Tampa or third parties during any visit to or use of the Site is governed by Discount Nutrition Tampa’ Privacy Policy, which is incorporated by this reference. You agree to Discount Nutrition Tampa’ collection, use and sharing of your information as set forth in the privacy policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The Site is hosted in the United States and our products and services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms.   If you are a user accessing the Site or product or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Discount Nutrition Tampa, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Discount Nutrition Tampa. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This Site may contain information on health-related topics. All information provided on this Site, or through links to other third party websites, is for informational purposes only and is not a substitute for obtaining proper medical advice, diagnosis, treatment or other professional care or services. You should always seek the advice of a physician or other qualified health providers with any questions regarding a medical condition or the diagnoses and/or treatment of any particular health issue to which you may be experiencing.

LINKS TO THE SITE

Discount Nutrition Tampa prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without Discount Nutrition Tampa’ prior written consent. Similarly, Discount Nutrition Tampa prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without Discount Nutrition Tampa’ prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

Press Releases.

The information contained within press releases issued by Discount Nutrition Tampa should not be deemed accurate or current except as of the date the release was posted. Discount Nutrition Tampa has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

Disclaimers.

“As Is” AND “As Available” Basis. The sites and the materials contained therein are provided “AS IS” and “As Available” basis without warranties of any kind, either express or implied, as to the operation of the Sites or the information, content, materials, products or services included on the Sites. You expressly agree that use of the sites, including all content, data, or downloads accessed from or through the site is at your sole risk and responsibility.

Warranty Disclaimer.

Discount Nutrition Tampa disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, content, services, and products on the sites. Discount Nutrition Tampa does not represent or warrant that materials in the Sites are accurate, complete, reliable, current, error-free, subject to correction or that any such materials available from download from the Sites are free of infection or viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties. Discount Nutrition Tampa is not responsible for typographical errors or omissions relating to pricing, text, or photography. While Discount Nutrition Tampa attempts to ensure your access and use of the Sites is safe, Discount Nutrition Tampa cannot and does not represent or warrant that the sites or its sites or its servers, or third party servers will be error-free, uninterrupted, free from unauthorized access, including third party hackers or denial of service attacks, or otherwise meet customer’s requirements. Discount Nutrition Tampa reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Discount Nutrition Tampa.

Your Responsibility and Risk.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. 

Enforcement.

Discount Nutrition Tampa reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or data, information, text or other material ("Content"), self help and active investigation, litigation and prosecution in any court or appropriate venue. Discount Nutrition Tampa may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. Indirect or attempted violations of this agreement or any related policy, and actual or attempted violation by a third party on behalf of a Discount Nutrition Tampa customer, shall be considered violations of this agreement by such customer.

Limitation of Liability.

In no event shall Discount Nutrition Tampa be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort, including but not limited to negligence, or otherwise, arising out of or in any way connected with (1)The use or inability to use the Sites or (2) Any claim attributable to errors, omissions, or other inaccuracies in the Sites or the content, materials, information, products, or services on or available through the sites or the content, materials, information, products or services on or available through the sites even if Discount Nutrition Tampa or its authorized representatives have been advised of the possibility of such damages. In no event shall the aggregate liability of Discount Nutrition Tampa, whether in contract, warranty, tort (including negligence whether active, passive, or imputed), product liability, strict liability, or other theory), arising out f or relating to the use of Discount Nutrition Tampa’s sites, exceed $5.00 or the compensation you paid Discount Nutrition Tampa, whichever is less.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, Discount Nutrition Tampa’s liability is limited to the greatest extent permitted by law.

Indemnification.

You agree to indemnify, defend, and hold harmless Discount Nutrition Tampa, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.

Third-Party Rights.

Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.

Severability.

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Enforceability and Admissibility.

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Miscellaneous.

Discount Nutrition Tampa’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Discount Nutrition Tampa may assign its rights and duties under this Agreement to any party at any time without notice to you.