Terms-and-Conditions

Terms of Use

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

By accessing or otherwise using this website ("website"), you agree to be bound by these terms and conditions of use. "We" or "Our" refers to BRI Nutrition LLC (“BRI Nutrition LLC”).

Acceptance of Contract Terms

The following ("Contract Terms") are terms of a legal agreement between you and BRI Nutrition LLC ("BRI Nutrition LLC"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by BRI Nutrition LLC from its offices within the United States. BRI Nutrition LLC 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 local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida.

Disclaimer: Nothing in this website is intended as, or should be construed as, medical advice. Consumers should consult with their own health care practitioners for individual, medical recommendations.The information in this website concerns dietary supplements, over-the-counter products that are not drugs. Our dietary supplement products are not intended for use as a means to cure, treat, prevent, diagnose, or mitigate any disease or other medical or abnormal condition. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. BRI Nutrition LLC makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

The information is compiled from a variety of sources ("Information Providers"). Neither BRI Nutrition LLC, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of BRI Nutrition LLC or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular service provided. In no event shall BRI Nutrition LLC or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if BRI Nutrition LLC or Information Provider has been advised of the possibility of such damages.

Information accessed through this online site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. BRI Nutrition LLC and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. BRI Nutrition LLC and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. BRI Nutrition LLC is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. BRI Nutrition LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Access and Use of the Website

We grant you a limited license to access and use the website, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the website, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Restrictions on Use of the Website

Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the website or its content in any form without our prior written permission.

The following activities are also expressly prohibited without our prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the website or any of its content; "mirroring" the website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the website or otherwise interferes with its functioning.

Posting and Transmitting to the Website

Except for information that is subject to our Privacy Policy, we will not treat information you post or transmit to the website as confidential or proprietary. By sending information to BRI Nutrition LLC through the website (by transmitting, posting, or otherwise), you agree that we may use that information in any way, for any purpose, including our own commercial purposes, subject only to the Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We reserve the right to edit or remove any post or transmission that, in our sole judgment, is not appropriate, as outlined in our User Review Policy below.

Accuracy of Information and Disclaimer of Warranty

We have made every effort to present the content on the website accurately, but additions, deletions and changes may occur. Content on the website is provided "as is"; neither our representatives nor we make any representation or warranty with respect to the content.

BRI Nutrition LLC and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the website or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose.

Limitation of Liability

Under no circumstances will BRI Nutrition LLC or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this website or its content, even if they have been advised of the possibility of such damages. You access and use this website at your own risk.

Links to this Website

We grant you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray BRI Nutrition LLC or its products or services in a false, misleading, derogatory, or offensive matter. You may not use our logos, trademarks, or other proprietary graphics in the link without our prior written permission.

Links to Third-Party Websites

We do not review or control third-party websites that link to or from the website, are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of such third-party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use.

Ownership

The material provided on this website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the website is owned by BRI Nutrition LLC or other parties that have provided it permission for use. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners.

For Use in the United States

This website originates in and is controlled and operated by BRI Nutrition LLC from its offices within the United States. This website may not be appropriate or available for use elsewhere, and access to the website from locations where its contents are illegal is not authorized. If you access this website from outside the United States, you do so at your own risk.

Copyright, Licenses, Use Restrictions and Idea Submissions

The copyright in all material provided on this Site is held by BRI Nutrition LLC or by the original creator of the material. Except as stated herein, none of the material 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 permission of BRI Nutrition LLC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. 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 BRI Nutrition LLC's 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 and statutes.

You agree to grant to BRI Nutrition LLC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against BRI Nutrition LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Social Media

BRI Nutrition LLC maintains and interacts with various Social Media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites (“BRI Nutrition LLC Social Media Sites”). By accessing, viewing and/or posting any content to any BRI Nutrition LLC Social Media Site on the internet, you accept, without limitation or qualification, the complete terms of use for those sites.

You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.

BRI Nutrition LLC is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.

User Reviews

BRI Nutrition LLC DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, BRI Nutrition LLC RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO BRI Nutrition LLC.COM AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION. BRI Nutrition LLC ALSO HAS THE RIGHT TO EDIT OR ALTER ANY TESTIMONIALS FOR USE IN MARKETING MATERIALS

Indemnification

You agree to indemnify, defend and hold harmless BRI Nutrition LLC, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.

Changes to the Terms and Conditions

BRI Nutrition LLC may change these terms and conditions of use at any time without prior notice. If you access or use the website after we post a change, you accept that change. If you do not accept the change, do not access or use the website. You should check these terms and conditions of use periodically.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between BRI Nutrition LLC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Pinellas County, Florida. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. BRI Nutrition LLC’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. BRI Nutrition LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Notice

BRI Nutrition LLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in BRI Nutrition LLC’s account information. You may give notice to BRI Nutrition LLC at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:

BRI Nutrition LLC 
1460 Broadway
New York, NY 10036
1-800-279-0372

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