Nutritional Tree User Agreement
This User Agreement is a legal agreement between you and NutritionalTree.com governing your participation on the NutritionalTree.com website." By using or accessing this site, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use NutritionalTree.com.
We can amend this Agreement by posting the amended terms on the NutritionalTree.com. By continuing to access or use NutritionalTree.com after any such amendment, you agree to be bound by the terms of the amended Agreement.
A Note About Minors. NutritionalTree.com is not targeted towards, nor intended for use by anyone under the age of 18. By accessing the information on NutritionalTree.com, you represent and warrant that you are 18 years of age or older.
Content. NutritionalTree.com provides a number of different services to assist you shopping for nutritional supplements. NutritionalTree.com provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. NutritionalTree.com may be paid by merchants or other third parties provide links to their websites. The products listed on NutritionalTree.com are sold by third party merchants, and are not sold by NutritionalTree.com.
NutritionalTree.com does not sell, resell or license any products listed, nor is NutritionalTree.com acting as an agent of sale. NutritionalTree.com disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.
NutritionalTree.com does not warrant that product descriptions, pricing, editorial commentary or any other content of NutritionalTree.com, regardless of its source, is accurate, complete, reliable, current or error-free. NutritionalTree.com content is provided for informational purposes only and does not constitute an endorsement by NutritionalTree.com of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). NutritionalTree.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings ( e.g. user merchant rating, user product rating) or other content on NutritionalTree.com.
Consumer reviews and ratings on the NutritionalTree.com are from internet users who have elected to post a review on NutritionalTree.com. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay NutritionalTree.com for advertising and product placement, but in no event do such payments affect the reviews or ratings given to any merchant or product by participating members.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right[s] title, and interest in and to user reviews appearing on the NutritionalTree.com, will remain the exclusive property of NutritionalTree.com. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use NutritionalTree.com, or any other content appearing on NutritionalTree. You may not copy or modify the HTML code used to generate web pages on NutritionalTree.com. You may not use NutritionalTree.com, or any other content appearing on NutritionalTree.com, on or in connection with any other website without written permission
Content Submission. By contributing or submitting any content to NutritionalTree.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant NutritionalTree.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of NutritionalTree.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. NutritionalTree.com reserves the right to change, condense or delete any content on NutritionalTree.com that NutritionalTree.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references addresses, email addresses, contact information or phone numbers;
- or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics, or other materials you publish on the NutritionalTree.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can request to have your content from the NutritionalTree.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes.
Copyrights. All content available on the NutritionalTree.com, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by NutritionalTree.com, with all rights reserved, or is the property of NutritionalTree.com or third parties protected by intellectual property rights
If you believe content on the NutritionalTree.com infringes your copyright, you should send notice of copyright infringement to NutritionalTree.com. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- An identification of the copyrighted work claimed to have been infringed
- An identification of the material that you claim is infringing so that we may locate it on the site
- Your address, telephone number and email address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
- Your signature
The notice should be mailed to:
4132 Atlanta Highway
Loganville, GA 30052
Upon receipt of notice as described above, NutritionalTree.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the NutritionalTree.com
Trademarks. NutritionalTree.com is not in a position to arbitrate trademark disputes between the advertisers on the NutritionalTree.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, NutritionalTree.com does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the NutritionalTree.com, and trademark owners should contact third party sites directly to resolve trademark disputes.
Pay-Per-Review Promotion. If you are 18 or older, you may participate in various promotion[s] which may involve compensation for reviews. All such compensation is subject to our verification and approval. Among other reasons, we may disapprove compensation if we suspect fraud. All payouts will need to comply with applicable validation policies as outlined in the rules of each promotion (such as a particular time frame, maximum payout per person, minimum redemption amount, any redemption fees and any geographical restrictions). You are solely responsible for paying any taxes on your earnings.
Termination. You can cancel your account at any time by contacting NutritionalTree.com We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement).
Indemnity. By choosing to use the NutritionalTree.com, you agree to indemnify NutritionalTree.com, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit on NutritionalTree.com; or of your use of or connection to the NutritionalTree.com; your violation of the User Agreement; or, your violation of any rights of another.
Disclaimer of Warranties. NUTRITIONALTREE.com AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. NutritionalTree.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on NutritionalTree.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold NutritionalTree.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the NutritionalTree.com. in addition, NutritionalTree.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on NutritionalTree.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by NutritionalTree.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the NutritionalTree.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by NutritionalTree.com.