The Web sites www.flexxsportsnutrition.com (hereinafter, “Site”) is operated by Pinnacle Brand Management, LLC and is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about Nuts For Protein products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet or exercise program.
The Sites and all of their contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Nuts For Protein.
The trademark in all materials provided on the Sites is owned by Nuts For Protein or its affiliate(s). Subject to the following exception, none of the material contained in the Site 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 consent of Nuts For Protein Site visitors may only view, copy, print and download the materials on the Site for personal, noncommercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Nuts For Protein may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
Site User Conduct
You must be 18 years of age or older to access our Site. As a user of the Sites, you agree that in connection with your use of the Site and the content you will not:
Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Impersonate any person or entity, including, but not limited to, an International Federation of BodyBuilders (IFBB) official, a National Physique Committee (NPC) official, an International Olympic Committee (IOC) official, a professional sports official, a current or former professional or amateur athlete, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
Use the Site for any unlawful purpose;
Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Sites, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
Intentionally or unintentionally violate any applicable local, state, national, or international law.
Disclaimer of Warranty
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NUTS FOR PROTEIN SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY NUTS FOR PROTEIN SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL-NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NUTS FOR PROTEIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF NUTS FOR PROTEIN OR ANY NUTS FOR PROTEIN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Site may provide links to other World Wide Web sites or resources. Nuts For Protein has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Nuts For Protein Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Nuts For Protein or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Nuts For Protein with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Nuts For Protein nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to these Sites. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics.
Choice of Law