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Terms
Of Use Agreement
This Terms of Use agreement sets forth the agreement between Warren Nutrition,
("Warren Nutrition" or "we") and each user ("you"
or "user") governing the use by you of this site. Please read this
agreement carefully before using this site. By using this site, you signify your
assent to this Terms of Use agreement. If you do not agree to the terms and
conditions contained in this Terms of Use agreement, you may not access or
otherwise use this site.
The information on this site is for informational purposes only and is
not intended as a substitute for advice from your physician or other healthcare
professional or any information contained on or in any product label or
packaging. You should not use the information on this site for diagnosis or
treatment of any health problem or for prescription of any medication or other
treatment. You should always speak with your physician or other healthcare
professional before taking any medication or nutritional, herbal or homeopathic
supplement, before starting any diet or exercise program or before adopting any
treatment for a health problem.
Copyright
and Trademarks
All Web site design, text, graphics, sound, software and other content, and the
selection and arrangement thereof, are the property of Warren Nutrition or its
licensors, and are protected by United States and international copyright law.
All rights to such materials are reserved to their respective copyright owners.
Permission is granted to electronically copy and to print in hard copy portions
of this Web site for the sole purpose of placing an order with Warren Nutrition
or using this Web site as a shopping vehicle. Any other use of materials on this
site, including without limitation reproduction for purposes other than noted
above, modification, distribution, replication, commercial or other
exploitation, or creation of derivative works, without the prior written
permission of Warren Nutrition, is strictly prohibited.
Warren Nutrition, and all logos, page headers, custom graphics and icons
are service marks and/or trademarks of Warren Nutrition or its licensors or
affiliates. All other trademarks, service marks, product names and company names
or logos that appear on this site are the property of their respective owners.
Review
of Materials Posted on or Submitted to Site
Warren Nutrition is not responsible for monitoring, screening, policing or
editing the information posted or materials on, submitted to or transmitted
through the site. Warren Nutrition does not and cannot monitor all information
or materials posted on, submitted to or transmitted through the site. However,
Warren Nutrition reserves the right to delete, block and remove any information
or materials that Warren Nutrition, in its sole discretion, deems to be
unlawful, infringing, defamatory, libelous, abusive, threatening, obscene,
offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to
Warren Nutrition. If notified of any such information or materials on the site,
Warren Nutrition may determine in its sole discretion whether to remove such
content from the site.
User
Submissions
Any suggestions, ideas, comments or other similar submissions by users shall be
deemed the sole property of Warren Nutrition, which shall not be liable for any
use or disclosure, including without limitation use for commercial purposes, of
such submissions. You agree to grant Warren Nutrition a worldwide, royalty-free,
perpetual license, with the right to reproduce, transmit, distribute, publicly
display, publicly perform, create derivative works of and sublicense any
materials or other information contained in such submissions. You hereby waive
any claim, cause of action or other recourse that you might have against Warren
Nutrition for any alleged or actual infringement or misappropriation of any
intellectual property or other right in any such submissions.
No
Warranty & Disclaimer
Warren Nutrition is providing this site and its contents on an "as is"
basis. Warren Nutrition and its officers, directors, employees, agents,
licensors, suppliers, content providers and the like (together,
"affiliates") make no representations or warranties of any kind,
express or implied, with respect to this site or its contents, including without
limitation the products, information or services offered or sold on or through
this site or any other site to which this site links (each a "Linked
Site") and the uninterrupted and error-free use of this site. Warren
Nutrition and its affiliates expressly disclaim all such representations and
warranties, including without limitation all warranties of merchantability,
accuracy, timeliness, completeness, fitness for a particular purpose and
non-infringement. Warren Nutrition and its affiliates do not warrant that the
site or files available on the site will be free from corrupted data, computer
viruses or similar destructive or contaminating code. No oral or written
statements by Warren Nutrition or its affiliates will create any warranty not
expressly set forth herein. Your use of this site and any linked site is at your
sole risk.
The products, information, services and other
content provided on and through this site, including without limitation any
products, information, services and other content provided on any Linked Site,
are provided for informational purposes only to facilitate discussions with a
healthcare professional regarding treatment. The information provided on this
site and Linked Sites, including without limitation information relating to
medical and health conditions, products and treatments, is often provided in
summary or aggregate form. It is not intended as a substitute for advice from
your physician or other healthcare professional or any information contained on
or in any product label or packaging. Before buying or using any products,
information or services provided on or through this site, including without
limitation any products, information or services provided on any Linked Site,
you should speak with a healthcare professional.
You should not use the information on this site for
diagnosis or treatment of any health problem or for prescription of any
medication or other treatment. You should always speak with your physician or
other healthcare professional, and carefully read all information provided by
the manufacturer of a product and on or in any product label or packaging,
before taking any medication or nutritional, herbal or homeopathic supplement,
before starting any diet or exercise program or before adopting any treatment
for a health problem. Each person is different, and the way you react to a
particular product may be significantly different from the way other people
react to such product.
Unless otherwise indicated on this site, Warren
Nutrition does not endorse or recommend any product or service offered,
advertised or sold on or through this site, including without limitation any
product or service offered, advertised or sold on or through any Linked Site.
Warren Nutrition is not responsible for any product or service sold on or
through this site or any claims of quality or performance made on or through
this site, including any claims of quality or performance made on or through any
Linked Site. You are advised that other sites on the Internet, including without
limitation Linked Sites and sites that link to this site, might contain material
or information that some people may find offensive or inappropriate; or that is
inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous,
infringing of others' rights or otherwise unlawful. Warren Nutrition expressly
disclaims any responsibility for the content, legality, decency or accuracy of
any information, and for any products and services, that appear on any Linked
Site or any site that links to this site.
Price and availability information on this site is
subject to change
without notice.
Limitation
of Liability
Warren Nutrition and its affiliates shall not under any circumstances be liable
for any damages of any kind arising out of, in connection with or relating to
the use of or inability to use this site, including without limitation any
liability (i) as a publisher of information, (ii) as a reseller of any products
or services, (iii) for any defective products, (iv) for any incorrect or
inaccurate information, (v) for any unauthorized access to or disclosure of your
transmissions or data, (vi) for statements or conduct of any third party on the
site, or (vii) for any other matter relating to this site or any linked site.
This is a comprehensive limitation of liability that applies to all damages of
any kind, including without limitation any direct, indirect, special, incidental
or consequential damages (including without limitation damages for loss of
business, loss of profits, loss of good will, loss of use, loss of data, cost of
procuring substitute goods, services or information, litigation or the like),
whether based on breach of contract, breach of warranty, tort (including without
limitation negligence), product liability or otherwise, even if the user advises
of the possibility of such damages. The limitations of liability set forth
herein are fundamental elements of the basis of the bargain between Warren
Nutrition and the user. The products, information and services offered on and
through this site would not be provided without such limitations. Because the
laws of some states may not allow for the exclusion of certain damages, in such
states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire
maximum liability of Warren Nutrition and its affiliates for any reason, and
your sole and exclusive remedy for any cause or claim whatsoever, shall be
limited to the amount paid by you for any product, information or service
purchased by you from Warren Nutrition on this site.
You agree to indemnify, defend and hold harmless
Warren Nutrition and its affiliates against all claims, demands, causes of
action, losses, expenses, damages and costs, including without limitation any
reasonable attorneys' fees, resulting or arising from or relating to your use of
or conduct on the site, any activity related to your account by you or any other
person, any material that you submit to, post on or transmit through the site,
your violation of these Terms of Use, your infringement or violation of any
rights of another, or termination of your access to this site.
All products and services offered on or through this site are provided
subject to any applicable tariffs and any accompanying terms and conditions.
Privacy
Warren Nutrition respects the privacy of its users. Warren Nutrition
reserves the right to monitor the site and to disclose any information recorded
or posted on, submitted to or transmitted through the site to the extent Warren
Nutrition, in its sole discretion, deems such disclosure necessary or
appropriate (i) to comply with any law, regulation, subpoena or government
request, (ii) to operate the site, or (iii) to protect the rights or property of
Warren Nutrition or its affiliates.
Your
Usage of Site & Termination of Usage
You agree to maintain the security of your account on the site, including the
security of your password and other confidential information relating to the use
of the site and your account on the site. You agree to be responsible for all
charges resulting from the use of your account on the site, including charges
resulting from unauthorized use of your account prior to your taking steps to
prevent such occurrence by notifying Warren Nutrition.
You agree to use this site only for lawful
purposes, and that you are responsible for your use of and communications on the
site. You agree not to post on or transmit through this site any unlawful,
infringing, threatening, harassing, defamatory, vulgar, obscene, profane,
indecent, offensive, hateful or otherwise objectionable material of any kind,
including without limitation any material that encourages criminal conduct or
conduct that would give rise to civil liability, infringes others' intellectual
property rights or otherwise violates any applicable local, state, national or
international law. You agree not to use this site in any manner that interferes
with its normal operation or with any other user's use and enjoyment of the
site. You agree not to reproduce, modify, distribute, replicate, commercially
exploit or create derivative works of any portion of the site or material
thereon.
You further agree that you will not access by any
means except through the interface provided by Warren Nutrition for access to
the site. You agree that you will not access this site from any territory where
its contents are illegal, and that you, and not Warren Nutrition and its
affiliates, are responsible for compliance with applicable local laws.
You agree that Warren Nutrition may terminate or suspend your access to
all or part of this site, without notice, for any conduct that Warren Nutrition,
in its sole discretion, believes is in violation of these Terms of Use or any
applicable law or is harmful to the interests of another user, Warren Nutrition
or its affiliates.
Usage
by Minors
Because of the nature of the World Wide Web, Warren Nutrition cannot prohibit
minors from visiting this site. Warren Nutrition must rely on parents, guardians
and those responsible for supervising children and teenagers to decide which
materials are appropriate for such children and teenagers to view and/or
purchase. Warren Nutrition requires that (i) all purchases on the site be made
by adults 18 years of age or older, and (ii) all users who provide personal
information to Warren Nutrition be 18 years of age or older, or, if under 18,
that such information be accompanied by verifiable parental consent.
Law
& Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of
the State of Delaware without regard to choice of law rules. Each user agrees to
submit to personal jurisdiction in the State of Delaware and further agrees that
any cause of action arising from or relating to the use of this site or this
agreement shall be brought exclusively in a court in Delaware.
Severability
& Interpretation
If any provision of this agreement shall be deemed unlawful, void or for any
reason unenforceable by a court of competent jurisdiction, the validity and
enforceability of any remaining provisions shall not be affected. When used in
this agreement, the term "including" shall be deemed to be followed by
the words "without limitation."
Entire
Agreement & Amendments
This agreement constitutes the entire and only agreement between Warren
Nutrition and each user of this site with respect to the subject matter of this
agreement and supersedes any and all prior or contemporaneous agreements,
representations, warranties and understandings, written or oral, with respect to
the subject matter of this agreement. You agree to review this agreement prior
to your use of this site and your use of this site shall be deemed acceptance of
and assent to this agreement by you. Warren Nutrition may, in its sole
discretion, amend this Terms of Use agreement from time to time.
Miscellaneous
The failure of Warren Nutrition or its affiliates to insist upon strict
adherence to any term of this agreement shall not constitute a waiver of such
term and shall not be considered a waiver or limit that party's right thereafter
to insist upon strict adherence to that term or any other term of this
agreement. You agree that regardless of any statute or law to the contrary, any
claim of cause of action arising from or relating to use of this site or this
agreement must be filed within one (1) year after such claim or cause of action
arose, or will be forever barred. The "No Warranty; Disclaimer" and
"Limitation of Liability" provisions of this agreement are for the
benefit of Warren Nutrition and its affiliates as defined herein, and each of
these individuals or entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
1.
General Information
When you use the Web site some basic general information is collected. This
information is used to improve the Web site and make your use of the Web site as
enjoyable and efficient as possible. Cookies
are also used to help us determine the various services you use and the support
you may need, and to help us detect and solve any problems you may have when
using the Web site.
This general information is used internally in connection with Warren
Nutrition's business, including Warren Nutrition's personal, marketing and
advertising efforts.
2.
Personal Information
When you purchase an item from the Web site, we collect personal information
(which you provide) that may include your: (i) first and last name; (ii) billing
address; (iii) shipping address; (iv) other shipping addresses; (v) email
address; (vi) phone number; (vii) credit card account number; (viii) items
purchased from us; and (ix) browsing, buying and selling patterns (collectively,
"Personal Information").
You can alter or update your Personal Information on the Web site via the
feedback form by changing your account information.
Cookies
A cookie is a text file stored on your computer's hard drive. Web sites create
cookies to record information about your preferences, such as the items you add
to your shopping cart, and for security reasons (see Credit Card Security
below). Most cookies expire after a certain time period. The most popular
browsers, such as Netscape Navigator and Internet Explorer, can be set to give
you the option of accepting or rejecting all cookies.
To shop online at Warren Nutrition, your browser
will need to be configured to accept cookies. Here's how to do it: In Netscape
Navigator 4.x, click the Edit menu and select Preferences from the browser's
drop-down menu. In the tree structure, click Advanced. Under Cookies, click
"Accept only cookies that get sent back to the originating server" and
"Warn me before accepting a cookie" (optional). In Internet Explorer
4.x, click the View menu and select Internet Options from the drop-down menu.
Click the Advanced tab, scroll to the Security heading, and select "Prompt
before accepting cookies." We suggest that you accept cookies only from Web
sites created by companies you know and trust.
If you wish, you may set your browser to reject all cookies and still
view the site. Because our online ordering system requires cookies, you will not
be able to order online, but you can still place an order by phone, fax or mail.
3.
Use/Sharing of Personal Information
Your name, shipping and billing addresses, and credit card number (s) are used by
Warren Nutrition in order to provide you with the goods that you purchase on the
Web site. We use your email address to provide you with information about your
order and its status, and we may occasionally send out emails, including
newsletters, to people who have placed an order online, offering them more great
deals.
Warren Nutrition uses your phone number only in the
event that our customer service representatives need to contact you about an
order you have placed.
Personal Information is used internally in
connection with Warren Nutrition's business, including Warren Nutrition's
promotional, marketing and advertising efforts, in a manner which does not
readily identify a user to any third party.
Warren Nutrition currently does not share with any third party any
Personal Information that could readily identify any user.
Notwithstanding the foregoing, Warren Nutrition will not divulge any
user's credit card information to any third party without such user's prior
consent.
Credit
Card Security
The Internet is a vast network of computers.
Because the data passes from computer to computer, some Internet shoppers worry
that unauthorized persons may intercept the data and gain access to credit card
numbers, but shopping on a secure site is actually safer than handing a credit
card to a waiter in a restaurant. Taking the steps below will lower the chances
of interception of your credit card number:
- Limit
your online shopping to Internet merchants, such as Warren Nutrition, with
sites equipped with Secure Sockets Layer (SSL) technology. SSL prevents
unauthorized people from intercepting your data.
- Use
a browser, such as Netscape Navigator or Internet Explorer that supports
SSL. These browsers show a symbol in the status bar, such as a key or lock,
when you are on a site that uses SSL. Most banks will cover the cost of
fraud resulting from unauthorized use of your credit card or may limit your
liability.
Credit card information collected by Warren
Nutrition is encrypted through Secure Sockets Layer before it is transmitted
over the Internet.
Warren Nutrition fully cooperates with law enforcement agencies in
identifying those who use our services for illegal activities, and may in its
sole discretion disclose Personal Information or other information to satisfy
any law, regulation, subpoena, or government request. Warren Nutrition reserves
the right to release Personal Information or other information about users who
we believe are engaged in illegal activities or are otherwise in violation of
our Terms of Use, even without a subpoena, warrant or court order, if we believe
in our sole discretion that such disclosure is necessary or appropriate to
operate the Web site, or to protect the rights or property of Warren Nutrition,
its affiliates, or any of their officers, directors, or employees, agents,
third-party content providers, suppliers, sponsors, or licensors.
Warren
Nutrition also reserves the right to report to law enforcement agencies any
activities we reasonably believe in our sole discretion to be unlawful.
4.
Collecting Information From Children Younger than 18
Warren Nutrition does not knowingly collect or use any Personal Information from
children younger than 18 years of age without obtaining verifiable parental
consent.
5.
Miscellaneous
Warren Nutrition wants you to be aware that when you click on links (including
advertising banners), which take you to third-party Web sites, you will be
subject to such third parties' privacy policies. While we support the protection
of privacy on the Internet, Warren Nutrition expressly disclaims any and all
liability for the actions of third parties, including without limitation actions
relating to the use and/or disclosure of Personal Information by third parties.
Our Privacy is subject to change. In the event of
any change, we will provide notice of such change on this page.
If you have questions about
this Privacy, or believe that Warren Nutrition has acted inconsistently with
this statement, please
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