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NutriBullet User Agreement
August 5, 2019
You understand and agree that, by visiting NutriBullet.com’s (the “Company”) website, www.NutriBullet.com (the “Website”), and any affiliated sites, You are accepting, without modification, the terms of this User Agreement. If You do not agree with any portion of this User Agreement, Your only option is to discontinue use of the Website and its affiliated sites. In agreeing with this User Agreement, You represent and warrant that You are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If You are under eighteen (18) then You may only use this Website and any affiliated websites with the express written consent of a parent or legal guardian.
This User Agreement is subject to modification and revision from time to time by the Company. The Company may modify the terms of this User Agreement to reflect changes to the law or changes in the Website. The effective date of the most recent revision is set out below the title and all users are bound by the terms of the User Agreement then in effect as of the date of Your Website usage. If You do not agree to any modified term in this User Agreement, You should discontinue Your use of the Website.
All of the content featured or displayed on the Website is owned by the Company, its licensors and / or its content providers. All elements of the Website, including but not limited to the general design and content, are protected by trade dress, copyright, trademark and other laws related to intellectual property rights. Except as explicitly permitted through this User Agreement, no portion or element of the Website may be copied by any means, and the Website and its contents shall remain the exclusive property of the Company. If you operate a separate website or host a blog, and wish to link to the Website you may only do so with the permission of the Website’s administrator and You must agree to immediately delete the link upon request from the Company.
Subject to this User Agreement, the Company grants You nonexclusive and revocable permission to access the Website and view its content solely for Your personal, non-commercial use.
Links to third party websites may be provided on the Website from time to time for Your convenience, and should not be taken as an either an endorsement by the Company or affiliation with the linked site. The Company is not responsible for the content of any linked site.
Users of the Website may be able to submit or to otherwise post messages, e-mails, photographs, text, videos and other content (collectively, the “Content”) for display on the Website. You are solely responsible for any Content that You post on the Website. The Website is a passive conduit for such Content (Communications Decency Act, 47 USC § 230). Such Content must, however, conform to the guidelines below. Without limiting any of its rights in law or equity, the Company reserves the right, in its sole discretion, to remove any Content for any reason from the Website.
By submitting or otherwise making available any Content to the Website, You automatically grant the Company a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable right and license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such Content for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Company without any payment to You. In addition, You automatically waive and give up any claim that any use of such Content violates any of Your rights, including any right of privacy, publicity rights, or any other claimed right, including the right to approve the way the Company uses such Content. You also grant the Company the right to use without royalty or fee, any material, information, idea, concept, know-how, or technique contained or derived from in any communication You provide, submit, or otherwise make available through the Website. By submitting Content, you automatically warrant and represent to the Company that You are the owner of all intellectual property rights embodied in the Content or that You otherwise have all sufficient rights and authority to grant a royalty free license to such Content. By submitting Content, You further warrant and represent that the Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
The Company respects the copyrights of others and expects its users to do the same. The Company will respond to notices of alleged copyright infringement and terminate the account of any infringer according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that the Company has infringed Your copyright, please notify us in writing at firstname.lastname@example.org.
The Company encourages an open exchange of ideas on the Website in a climate of mutual respect and civility. Any action by a user that infringes upon the right, use, or enjoyment of the Website by another user, is strictly prohibited. The Company reserves the right, but does not assume any obligation, to monitor Your online conduct and expression of ideas to enforce the terms and spirit of this User Agreement. The posting of Content that is false, misleading or inaccurate, or disparaging of another person or entity is prohibited. Use of the Website for any unlawful purpose, including the infringement of third party intellectual property or proprietary rights, is forbidden. Similarly, in accordance with this User Agreement, You also agree not to post any Content that is of a harassing, harmful, threatening, abusive, vulgar, obscene, or defamatory nature, or may be construed to be racially, ethnically, or otherwise objectionable in any manner. Your engaging in any illegal or antisocial activity associated with the Website will terminate Your rights under this User Agreement.
The Company encourages an open dialogue on health and nutrition issues. The site has been organized under topics of interest to facilitate easy navigation. The recipes, blog posts, and comments in the Nutribullet.com site are not intended to diagnose, threat, cure, or prevent any disease. If you are being treated for a medical condition or are taking medications for an existing health condition, please consult with your health care professional before changing your nutritional intake, as certain foods and substances can produce adverse drug reactions. The content of Nutribullet.com has not been evaluated by the United States Food and Drug Administration or Health Canada, but is based upon independent research and the wisdom of the benefits of a healthy lifestyle of combined nutrition and exercise.
The Company strives to provide an exceptional experience through the Website using a commercially reasonable level of skill and care. The Company does not warrant or guarantee that all files available for downloading will be free of defects. Though the Company employs commercially reasonable measures to protect the Website from malicious viruses, worms, Trojan horses and other destructive programs, it is Your responsibility to protect Your own devices from infection.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY SERVICE OR PRODUCT ON OR RELATED TO THE WEBSITE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
In no event will the Company be liable to You for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use this Website, even if the Company had been advised by You of the possibility of such damages.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In addition to any other remedies provided in law or equity, including specified damages and attorney's fees, if the Company files suit to enforce any provision of this User Agreement and is the substantially prevailing party, it shall be entitled to its attorney's fees and costs of suit.
You agree to indemnify, defend and hold harmless the Company, its affiliates, employees, officers, directors, and agents from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by You of your obligations under this User Agreement. The Company reserves the right to defend any such claim, and You agree to provide the Company with such reasonable cooperation and information as it may request or require in the defense of any such claim.
This User Agreement is governed and interpreted under the laws of the state of California. You agree that the federal and state courts located in the County of Los Angeles, California, shall have exclusive jurisdiction to resolve and decide any dispute under this User Agreement. In the event that any provision of this User Agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
If any provision of this User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions.