PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications
All features, content, specifications, products and prices of products
and services described or depicted on this Web site, www.planetnutritiononline.com
(this "Web Site"), are subject to change at any time without
notice. Certain weights, measures and similar descriptions are approximate
and are provided for convenience purposes only. Planet Nutrition makes
all reasonable efforts to accurately display the attributes of products,
including the applicable colors; however, the actual color you see
will depend on your computer system, and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any
products or services on this Web Site at a particular time does not
imply or warrant that these products or services will be available
at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order, you represent that
the products ordered will be used only in a lawful manner. All videocassettes,
DVDs and similar products sold are for private, home use (where no
admission fee is charged), non-public performance and may not be duplicated.
2. Shipping Limitations
When an order is placed, it will be shipping to an address designated
by the purchaser as long as that shipping address is compliant with
the shipping restrictions contained on this Web Site. All purchases
from this Web Site are made pursuant to a shipment contract. As a result,
risk of loss and title for items purchased from this Web Site pass
to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate
and current. Despite our efforts, the information on this Web Site
may occasionally be inaccurate, incomplete or out of date. We make
no representation as to the completeness, accuracy or currency of any
information on this Web Site. For example, products included on this
Web Site may be unavailable, may have different attributes than those
listed, or may actually carry a different price than that stated on
this Web Site. In addition, we may make changes in information about
price and availability without notice. While it is our practice to
confirm orders by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or our confirmation
of an offer to sell a product or service. We reserve the right, without
prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification
of information prior to the acceptance and/or shipment of any order.
4. Use of this Web Site
The design of this Web Site and all text, graphics, information, content,
and other material displayed on or that can be downloaded from this
Web Site are protected by copyright, trademark and other laws and may
not be used except as permitted in these Terms and Conditions or with
prior written permission of the owner of such material. The software
and other technology components of this Web Site are © 2007, Planet
Nutrition or its affiliates and suppliers. The contents of this Web
Site are © 2007, Planet Nutrition or their respective affiliates and
suppliers. All rights reserved. You may not modify the information
or materials displayed on or that can be downloaded from this Web Site
in any way or reproduce or publicly display, perform, or distribute
or otherwise use any such information or materials for any public or
commercial purpose. Any unauthorized use of any such information or
materials may violate copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations.
5. Trademarks
Certain trademarks, trade names, service marks and logos used or displayed
on this Web Site are registered and unregistered trademarks, trade
names and service marks of Planet Nutrition and its affiliates. Other
trademarks, trade names and service marks used or displayed on this
Web Site are the registered and unregistered trademarks, trade names
and service marks of their respective owners. Nothing contained on
this Web Site grants or should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademarks,
trade names, service marks or logos displayed on this Web Site without
the written permission of Planet Nutrition or such other owner.
6. Linking to this Web Site
Creating or maintaining any link from another Web site to any page on
this Web Site without our prior written permission is prohibited. Running
or displaying this Web Site or any information or material displayed
on this Web Site in frames or through similar means on another Web
site without our prior written permission is prohibited. Any permitted
links to this Web Site must comply will all applicable laws, rule and
regulations.
7. Third Party Links
From time to time, this Web Site may contain links to Web sites that
are not owned, operated or controlled by Planet Nutrition or their
respective affiliates (including, but not limited to, drugstore.com).
All such links are provided solely as a convenience to you. If you
use these links, you will leave this Web Site. Neither we nor any of
our respective affiliates are responsible for any content, materials
or other information located on or accessible from any other Web site.
Neither we nor any of our respective affiliates endorse, guarantee,
or make any representations or warranties regarding any other Web sites,
or any content, materials or other information located or accessible
from any other Web sites, or the results that you may obtain from using
any other Web sites. If you decide to access any other Web sites linked
to or from this Web Site, you do so entirely at your own risk.
8. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or
any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability, or
otherwise violate any law. In addition to any remedies that we may
have at law or in equity, if we determine, in our sole discretion,
that you have violated or are likely to violate the foregoing prohibitions,
we may take any action we deem necessary to cure or prevent the violation,
including without limitation, the immediate removal of the related
materials from this Web Site. We will fully cooperate with any law
enforcement authorities or court order or subpoena requesting or directing
us to disclose the identity of anyone posting such materials.
9. User Information
Other than personally identifiable information, which is subject to this
Web Site's Privacy Statement, any material, information, suggestions,
ideas, concepts, know-how, techniques, questions, comments or other
communication you transmit or post to this Web Site in any manner ("User
Communications") is and will be considered non-confidential and
non-proprietary. We and our respective affiliates and our or their
designees may use any or all User Communications for any purpose whatsoever,
including, without limitation, reproduction, transmission, disclosure,
publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial
purposes. We may, but are not obligated to, monitor or review any User
Communications. We will have no obligation to use, return, review,
or respond to any User Communications. We will have no liability related
to the content of any such User Communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or otherwise.
We retain the right to remove any or all User Communications that includes
any material we deem inappropriate or unacceptable.
10. DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. PLANET NUTRITION NOR ANY OF THEIR RESPECTIVE
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE
OUT OF DATE, AND NEITHER PLANET NUTRITION NOR ANY OF THEIR RESPECTIVE
AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES
PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS,
IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED
OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL
TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY
Planet Nutrition assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL PLANET NUTRITION OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
12. Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to
time by updating this posting. You should visit this page from time
to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions
may be superseded by legal notices or terms located on particular pages
of this Web Site.
13. Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you
and Planet Nutrition to the extent necessary to resolve any inconsistency
or ambiguity between them. These Terms and Conditions will be governed
by and construed in accordance with the laws of the State of North
Carolina, without giving effect to any principles of conflicts of laws.
Any action seeking legal or equitable relief arising out of or relating
to this Web Site will be brought only in the federal or state courts
of the State of North Carolina. A printed version of these Terms and
Conditions will be admissible in judicial and administrative proceedings
based upon or relating to these Terms and Conditions to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
14. Termination
You or we may suspend or terminate your account or your use of this Web
Site at any time, for any reason or for no reason. You are personally
liable for any orders placed or charges incurred through your account
prior to termination. We reserve the right to change, suspend, or discontinue
all or any aspect of this Web Site at any time without notice.
15. Health Related Information
The information contained in the Web Site is provided for informational
purposes only and is not meant to substitute for the advice provided
by your doctor or other health care professional. You should not use
the information available on or through the Web Site (including, but
not limited to, information that may be provided on the Web Site by
healthcare or nutrition professionals employed by or contracting with
Planet Nutrition) for diagnosing or treating a health problem or disease,
or prescribing any medication. Information and statements regarding
dietary supplements have not been evaluated by the Food and Drug Administration
and are not intended to diagnose, treat, cure, or prevent any disease.
You should read carefully all product packaging prior to use.
16. Indemnity
You agree to indemnify and hold Planet Nutrition and our parents, affiliates
(and their franchisees and licensees), and subsidiaries, officers,
directors, employees, successors and assigns, harmless from any claim,
loss or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of our Web Site, your connection
to our Web Site, your violation of these Terms and Conditions, or your
violation of any rights of another party. This indemnity survives termination
of these Terms and Conditions.
17. Domestic Use; Export Restriction
We control the Web Site from our offices within the United States of
America. We make no representation that the Web Site or its content
(including, without limitation, any products or services available
on or through the Web Site) are appropriate or available for use in
other locations. Users who access the Web Site from outside the United
States of America do so on their own initiative and must bear all responsibility
for compliance with local laws, if applicable. Further, the United
States export control laws prohibit the export of certain technical
data and software to certain territories. No content from the Web Site
may be downloaded in violation of United States law.
18. General
Our failure to exercise or enforce any right or provision of these Terms
and Conditions shall not constitute a waiver of such right or provision
by us. If any provision of these Terms and Conditions is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of our Terms and Conditions remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Web Site or
our Terms and Conditions must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
19. Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or
if you have any questions or comments, we invite you to e-mail us at contact@planetnutritiononline.com