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Terms And Conditions

Online Services Agreement Terms and Conditions

Thank you for choosing to use Nutrifect, Inc. ("Company"). This Agreement details your responsibilities. It also includes limitations of our liability, please read and consider carefully.

Agreement

In this Agreement, "you" and "your" references every person authorized to access the account established. The words "Online Services" or "Site" is the online service that allows customers to access information provided on this website through the use of computers. You understand that by using any of the services of this site you agree to all terms and conditions in this Agreement. Do not use this service or a new service, if you do not agree to the terms of this Agreement. This Agreement supplements other agreements you may have with us. You also agree that your use of this website is for non-commercial and personal use. Commercial use requires a separate contract with Nutrifect, Inc.

Limited License; Use of Services

Nutrifect, Inc. grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon.

Prohibited Activities.

In connection with your use of the Sites, Software and/or the Services, you acknowledge and agree that you will not: copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; access the Sites or Services by any means other than through the standard industry-accepted or site-provided interfaces; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Nutrifect, Inc. product or Service if you are not expressly authorized by such party to do so; or use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Nutrifect, Inc.'s servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Nutrifect, Inc. through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.

Security

You are responsible for protecting the security of any access security device, including your user name and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to keep all access security devices and means to attain an access security device confidential to prevent unauthorized access to your account and to prevent unauthorized use of the service. In the event you believe the security of your access security device is compromised, you must change the components of the device. It is your obligation to inform us if you believe unauthorized use has occurred. We can cancel your access to this service at our discretion and without prior notification.

Communication With Company

Maintain your contact information up to date, you are required to notify us of any changes. All transactions or communications initiated by you will not be recognized until actually received by us. Customer Service phone number is 800-576-8998. Customer Service email is customerservice@nutrifect.com

Company Liability

In no event will we or our officers, directors, employees, or agents be liable to you for any consequential, incidental, or indirect damages arising out of the use, misuse, or inability to use the service, or for any loss of any data, even if we have been informed of the possibility of such damages.

Copyrights and Service Marks

All content and information on this website is copyrighted by Nutrifect, Inc. and you are strictly prohibited from unauthorized reproduction or distribution.

Proprietary Rights

You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Nutrifect, Inc. or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Nutrifect, Inc. or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Nutrifect, Inc. shall be fully paid-up and royalty free. In addition, under no circumstances shall Nutrifect, Inc. have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Nutrifect, Inc.'s business through a merger, sale or transfer of all or substantially all of the assets of Nutrifect, Inc., nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.

None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Nutrifect, Inc.'s part and we shall not be liable for any use or disclosure of any such Submission Materials.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Nutrifect, Inc. infringe your copyright, you, or your agent may send to Nutrifect, Inc. a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Nutrifect, Inc. actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Nutrifect, Inc. a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Nutrifect, Inc.'s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:

Designated Agent: Nutrifect, Inc. Legal
Address of Agent: P.O. Box 400, Springville, UT 84663
Telephone: 800-576-8998
Fax: 801-489-5550
E-mail for notice: legal@nutrifect.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

DISCLAIMER OF WARRANTIES

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Nutrifect, Inc. AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER Nutrifect, Inc. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL Nutrifect, Inc.'s TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.

You agree to indemnify, defend, and hold Nutrifect, Inc. and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Nutrifect, Inc. or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section shall survive in the event this agreement is terminated for any reason.

Privacy

We are concerned about your privacy protection and have established privacy policies. See our Web site at www.nutrifect.com/privacypolicy.asp.

Amendability and Severability

We may amend or change any part of this Agreement at any time. If we do so, we will give you notice, if required by law, of any such amendment or change. The invalidity of any provision of this Agreement shall not affect the validity of any other provisions.

Applicable Law

This Agreement will be governed by Utah law and Federal law.