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The following General Website Terms of Use Agreement (the "Agreement")
governs your general access to and use of this website (the "Service").
Please review this Agreement carefully. By accessing and using
the general areas of the Service, you agree to be legally bound
by all of the terms, conditions and notices contained or referenced
herein.
Copyright
Rights
All
copyright rights in the text, images, photographs, graphics, user
interface, and other content provided on the Service, and the
selection, coordination, and arrangement of such content, are
owned by Star Nutrition or its third-party licensors, to the full
extent provided under the United States Copyright Act and all
international copyright laws. Under applicable copyright laws,
you are prohibited from copying, reproducing, modifying, distributing,
displaying, performing or transmitting any of the contents of
the Service for any purposes. Nothing stated or implied on the
Service confers on you any license or right under any copyright
of Star Nutrition or any third party.
The Service
and the information contained in reference herein are for informational
purposes only. Any reproduction, copying, or redistribution for
commercial purposes of any materials or design elements of the
Service is strictly prohibited, without the prior written consent
of Star Nutrition.
Trade
and Service Mark Rights
All
rights in the product names, company names, trade names, logos,
product packaging and designs of all Star Nutrition or third-party
products or services, whether or not appearing in large print
or with the trademark symbol, belong exclusively to Star Nutrition
or their respective owners, and are protected from reproduction,
imitation, dilution or confusing or misleading uses under national
and international trademark and copyright laws. The use or misuse
of these trademarks or any materials, except as permitted herein,
is expressly prohibited and nothing stated or implied on this
Service confers on you any license or right under any trademark
of Star Nutrition or any third party.
Modification
of This Agreement
Star
Nutrition reserves the right to amend this Agreement at any time.
You are bound by any such revisions and should therefore periodically
visit this page to review the then-current Terms of Use Agreement
to which you are bound. Your use of the Service after the posting
of modifications to this Agreement will constitute your acceptance
of this Agreement, as modified. If, at any time, you do not wish
to accept this Agreement, you may not use the Service.
Tesimonials
The people giving product or business opportunity testimonials
on our Site or other Offerings reflect the actual experience of
each individual, are anecdotal only, and may be atypical.
Links
to Third-Party Services
This
Service may contain links to other Services ("Linked Services").
The Linked Services are not under the control of Star Nutrition
and Star Nutrition is not responsible for the contents of the
Linked Services, including, without limitation, links contained
on Linked Services, or any changes or updates to Linked Services.
Star Nutrition is providing Linked Services to you only as a convenience,
and the inclusion of such Linked Services is not an endorsement
by Star Nutrition in favor of any company offering Internet services,
products or services on the Linked Services.
Obligations
You
are required to comply with all applicable law in connection with
your use of the Service, and such further limitations as may be
set forth in any written or on-screen notice from Star Nutrition.
As a condition of your use of the Service, you warrant that you
will not use the Service for any purpose that is unlawful or prohibited
by this Agreement.
Prohibited
Uses Generally
Without
limiting the foregoing, you agree not to transmit, distribute,
post, communicate or store information or other material on, to
or through the Service that:
- is copyrighted,
unless you are the copyright owner;
- reveals
trade secrets, unless you own them;
- infringes
on any other intellectual property rights of others or on the
privacy or publicity rights of others;
- is obscene,
defamatory, threatening, harassing, abusive, hateful, slanderous
or embarrassing to any other person or entity as determined
by Star Nutrition in its sole discretion;
- is sexually-explicit;
- constitutes
advertisements or solicitations of business, surveys, contests,
chain letters or pyramid schemes; or
- contains
viruses, Trojan horses, worms, time bombs, or other computer
programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information.
You further
agree not to:
- use any
incomplete, false or inaccurate biographical information or
other information for purposes of registering as a user of the
Service, or for purposes of registering for any promotions offered
through the Service;
- delete
or revise any material or other information of any other user
or Star Nutrition;
- harvest
or otherwise collect information about others, including e-mail
addresses, without their consent;
- take any
action that imposes an unreasonable or disproportionately large
load on the Service's infrastructure;
- use any
device, software or routine to interfere or attempt to interfere
with the proper working of the Service or any activity being
conducted on this site;
- use or
attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders,
robots, avatar's or intelligent agents) to navigate or search
the Service other than the search engine and search agents available
from Star Nutrition on the Service and other than generally
available third party web browsers (e.g., Netscape Navigator
and Microsoft Internet Explorer); or
- allow any
other person or entity to use your username or password for
posting or viewing comments or sending or receiving materials;
attempt to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part
of the Service.
You further
agree not to violate or attempt to violate the security of the
Service, including, without limitation:
- accessing
data not intended for you or logging into a server or account
that you are not authorized to access;
- attempting
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization;
- attempting
to interfere with service to any user, host or network, including,
without limitation, by way of submitting a virus to, or overloading,
"flooding", "spamming", "mailbombing"
or "crashing", the Service;
- sending
unsolicited e-mail, including promotions and/or advertising
of products or services; or
- forging
any TCP/IP packet header or any part of the header information
in any e-mail or posting. Violations of system or network security
may result in civil or criminal liability. Star Nutrition will
investigate occurrences that may involve such violations and
may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Star Nutrition
reserves the right to review postings on its Service, to remove
any postings, and to terminate your ability to post to the Service
at any time without notice, in its sole discretion. Star Nutrition
also reserves the right to disclose any information necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part.
License
Granted
Star
Nutrition does not claim ownership of any information or material
you transmit, distribute, post, communicate or store on, to or
through the Service. However, by submitting or posting information
or material on, to or through the Service, you grant Star Nutrition
a worldwide, royalty free, perpetual, irrevocable and non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such content anywhere, for any
purpose, and in any form, media or technology now known or later
developed. No compensation will be paid with respect to the use
of your posting. Star Nutrition is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send
for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information. Star
Nutrition is under no obligation to maintain any posting you make
and may remove any posting at any time in its sole discretion.
By posting
or submitting content to this Service, you also warrant and represent
that you own or otherwise control all of the rights to the content
of the public posting, and that use of your content by Star Nutrition
will not infringe or violate the rights of any third party.
Online
Privacy Statement
You
agree and consent to the terms of the Star Nutrition Online Privacy
Statement, a copy of which you should review by clicking here.
Disclaimer
of Warranties
THE
SERVICE IS PROVIDED "AS IS." STAR NUTRITION MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY
OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY
PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT
MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE.
STAR NUTRITION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW,
ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, STAR NUTRITION DISCLAIMS TO THE
MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES
AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY
OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS,
ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv)
WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE,
(v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA,
AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE,
OR OTHER ACTS OR OMISSIONS BY STAR NUTRITION OR ANY THIRD PARTY.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING,
THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR
REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Limitation
of Liability
IN
NO EVENT WILL STAR NUTRITION OR ITS AFFILIATES, OR ANY PARTY INVOLVED
IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE
LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS
SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH
ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR
LINE OR SYSTEM FAILURE.
THESE LIMITATIONS
APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STAR
NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STAR NUTRITION'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
Exclusion
of Consequential Damages.
IN NO EVENT SHALL STAR NUTRITION OR ANY THIRD PARTY BE
LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER
OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF,
OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS
OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT
RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY,
OR LOSS OF THE USE OF THE SERVICE) EVEN IF STAR NUTRITION OR ANY
THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES.
Indemnification
Upon
a request by Star Nutrition, you agree to defend, indemnify and
hold harmless Star Nutrition and its subsidiaries, affiliates,
officers, agents, co-branders or other partners and employees
from all liabilities, claims and expenses, including reasonable
attorneys' fees, made by any third party due to or arising out
of content you submit, post to or transmit through this Service,
your use of the Service, your violation of this Agreement or your
violation of any rights of another.
Choice
of Law and Forum
This
Agreement shall be governed by and construed in accordance with
the laws of the State of California, excluding its conflict of
law rules. You and Star Nutrition expressly agree to submit to
the exclusive jurisdiction and venue of the courts in Illinois
in all disputes arising out of or relating to the use of this
Service.
Severability
and Integration
Unless
otherwise specified herein, this Agreement constitutes the entire
agreement between you and Star Nutrition and governs your use
of this Service, superceding any prior or contemporaneous communications
and proposals (whether oral, written or electronic) between you
and Star Nutrition. If any portion of this Agreement is held invalid
or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intention of the parties, and the remaining portions
shall remain in full force and effect.
No
Waiver
The
failure of Star Nutrition to enforce any provisions of this Agreement
or respond to a breach by you or other parties shall not in any
way waive its right to enforce subsequently any terms or conditions
of this Agreement or to act with respect to similar breaches.
No
Professional Advice
Any
information supplied by any employee or agent of Star Nutrition,
whether by telephone, e-mail, letter, facsimile, Internet transmission
or other form of communication, is intended solely as general
guidance on the use of the Service, and does not constitute legal,
tax, accounting, marketing or other professional advice. Individual
situations and state laws vary and users are encouraged to obtain
appropriate advice from qualified professionals in the applicable
jurisdictions. Any statement of facts contained on any Star Nutrition
Website or in market comments, which may be posted on an Star
Nutrition Website, are derived from sources believed to be reliable,
but are not guaranteed as to accuracy, nor do they purport to
be complete. No responsibility is assumed with respect to any
such statement, nor with respect to any expression of opinion
herin contained.
Termination
Star
Nutrition reserves the right, in its sole discretion, to terminate
your access to all or part of this Service, with or without notice.
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