Terms & Conditions
Welcome to www.basiknutrition.com. The Website enables visitors (“Users”) who are at least eighteen (18) years of age to make purchases, and access general information about Basik Nutrition's products.
These Terms & Conditions of Use (the “Agreement”) set forth the terms and conditions which govern Your use of the Website and apply to information We collect on this Website, through electronic mail (“e-mail”), text and other electronic messages between You and this Website, through mobile and desktop applications You download from this Website, and when You interact with our advertising and applications on third-party Websites and services.
Please read this Agreement carefully before accessing the Website. By accessing the Website, Users agree to be bound by the terms and conditions set forth in this Agreement. If Users do not wish to be bound by this Agreement and Our Privacy Policies, they are not authorized to use this Website. This Website is offered and available to Users who are eighteen (18) years of age or older. By using this Website, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not, You must not access or use the Website.
Basik Nutrition reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Website thereafter. You agree to review the Agreement periodically to be aware of such modifications and Your continued use of the Website shall be deemed to be Your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Website and any service or material We provide, in Our sole discretion without notice. From time to time We may restrict access to some parts or all of the Website to Users, including Registrants.
You acknowledge and agree that You will consult with Your physician if You have any questions or wish to seek advice regarding a medical condition, Your diet, nutritional supplements, an exercise regimen or any other matter related to Your health or general well-being. Basik Nutrition cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any Content or products provided on this Website. Basik Nutrition expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Website by Users. You bear sole responsibility for Your own health and diet research and decisions.
THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
1.1 Capacity. Each User who wishes to make use of certain features offered through the Website, as described herein, must register with the Website (each a “Registrant”, collectively the “Registrants”) (Registrants, along with the Users “You” or “Your”). By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.
1.2 Accurate Information. Registrants agree to provide Us with accurate, complete and current information during registration, and to update information provided to Us if and when such information should change.
1.4 Revocation of Registration. Registrant agrees that BASIK NUTRITION has the right to cancel their registration for any reason at any time, in Our sole discretion. The revocation of a Registrant’s registration shall result in the disabling of any user name, password or other identifier if, in Our opinion, You have violated any provision of this Agreement. The loss of access to portions of the Website accessible by Registrants, and Registrants agree that BASIK NUTRITION shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect Our interests.
1.5 Charges. While use of the Website is currently free of charge, You acknowledge that We may, in Our sole discretion, decide at any time to charge for such access and services.
- MEDICAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, BASIK NUTRITION MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND ALL OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE WEBSITE BY BASIK NUTRITION OR THIRD PARTIES ON BEHALF OF BASIK NUTRITION, AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY BASIK NUTRITION OR ANY OF BASIK NUTRITION’ AGENTS, AFFILIATES, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS (COLLECTIVELY, WITH BASIK NUTRITION, THE “BASIK NUTRITION PARTIES”). YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU AGREE THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE WEBSITE.
3.1 Registrant Content. BASIK NUTRITION offers Registrants the opportunity to participate in various interactive resources, including message boards, blogs, and chat rooms. BASIK NUTRITION also provides Registrants with the opportunity to publish, display, or otherwise transmit directly or indirectly (“Post”) certain text to the Website (“Registrant Content”).
3.2 Posting. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content and that all Registrant Content does and will comply with this Agreement. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does not and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous. Registrant agrees not to Post any Registrant Content that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
(e) is patently offensive to the Website community, such as any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) constitutes or attempts to offer medical advice or counseling;
(g) harasses or harms, or advocates the harassment or harming of another person;
(h) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
(i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) displays pornographic, obscene or sexually explicit material of any kind;
(l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18;
(m) provides instructional information about illegal activities;
(n) solicits passwords or PII for commercial or unlawful purposes from other Registrants or PII from Users;
(o) causes Us to lose (in whole or part) the services of Our ISPs or other suppliers;
(p) links to materials or other Content, directly or indirectly, to which such Registrant does not have a right to link;
(q) encourages others to violate this Agreement; or
(r) violates any applicable local, state, national, or international law.
All of the foregoing (a)-(r) shall be collectively known as “Content Restrictions”.
3.3 Quality of Registrant Content; Review of Registrant Content; DISCLAIMER.
(a) BASIK NUTRITION has no obligation to and does not, in its ordinary course of business, review Registrant Content, and therefore We assume no liability for and do not guarantee the accuracy, integrity or quality of such Registrant Content and We cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Website. BASIK NUTRITION has the absolute right to monitor all Registrant Content in Our sole discretion. In addition, We reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials, Your identity and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Our Registrants, Users and service providers. BASIK NUTRITION has no obligation to use or respond to any of submissions of Registrant Content. In the event that You object to any Content appearing on the Website, You shall notify BASIK NUTRITION in writing.
(b) BASIK NUTRITION EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY REGISTRANT CONTENT POSTED ON THE WEBSITE. BASIK NUTRITION EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY REGISTRANT CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BASIK NUTRITION BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF BASIK NUTRITION. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES LICENSES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3.4 Public Content. Any Registrant Content shall be considered non-confidential and non-proprietary. No Registrant Content posted via message boards, chat rooms or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on BASIK NUTRITION’ part and BASIK NUTRITION shall not be liable for any use or disclosure of any such Registrant Content.
3.5 Usage Limitations. Registrant Content may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.
- Commercial Transactions.
4.1 Purchases. Products and/or services are offered for sale through the Website. In the event You wish to purchase any of these products or services, You will be asked by BASIK NUTRITION or an authorized third party on BASIK NUTRITION’ behalf to supply certain personally identifiable information (“PII”), including without limitation, Your full name, address, telephone number and credit card information. You agree to provide BASIK NUTRITION or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that You may enter into which governs Your purchase of such product or service. You shall be responsible for all charges incurred through Your account as well as any shipping and applicable taxes.
4.2 Payment. Your right to use any service or product that is available for purchase through the Website is conditional on Our receipt of payment for such service or product. If payment cannot be charged to Your credit card or if a charge is refunded for any reason, including chargeback, We reserve the right to either suspend or terminate Your account, thereby terminating this Agreement and all obligations hereunder.
- Intellectual Property.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by BASIK NUTRITION and Basik Nutrition, its licensors or other providers of such material and are protected by Us and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5.1 Copyright. Except for Registrant Content, any content contained in the Website and any newsletters or other materials created and distributed through the Website by BASIK NUTRITION (“BASIK NUTRITION Materials”), its licensors or suppliers are the property of BASIK NUTRITION or its licensors or suppliers, as applicable, and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Website. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for Your personal, non-commercial use.
5.2 BASIK NUTRITION Materials. Subject to the limited license set forth in Section 6.3 hereof, You will have the opportunity to download and use certain BASIK NUTRITION Materials. You acknowledge and agree that You shall not infringe or otherwise violate the copyright or other proprietary rights of any BASIK NUTRITION Materials.
5.3 Integrity of Registrant Content. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous.
5.4 Trademarks. For the purpose of trademark management, Basik Nutrition defines ‘Basik Nutrition Products’ (Product) as the sum of the following three parts:
- Physical Basik Nutrition Products (unaltered canister/bottles containing Product)
- All marketing materials prescribed for distribution with said Product
- Warranties and protections offered purchasers when purchasing Products from Basik Nutrition, or from participants in Basik Nutrition’s Authorized Reseller Program.
Products not containing the sum of its parts (products purchased from unauthorized resellers, who by definition, operate with no warranty protections that Basik Nutrition is contractually bound to honor for example) are defined by Basik Nutrition policy as ‘materially different’ from Basik Nutrition products sold to end users (customers) by Basik Nutrition or participants in Basik Nutrition’s authorized reseller program, and thus are not authorized for resell. Products not purchased from this Website, a partnering Basik Nutrition owned Website, or participants of Basik Nutrition’s Authorized Reseller Program are absent Product part 3 as defined above, and are thus not suited for resell, lest an incomplete and thus materially different product be sold in violation of Basik Nutrition’s trademark. Warranties and protections offered purchasers when purchasing Products from Basik Nutrition, or from participants in Basik Nutrition’s Authorized Reseller Program cannot be sold or purchased, and are held exclusively by Basik Nutrition, or conferred contractually to participants in Basik Nutrition’s Authorized Reseller Program. As all commercially available parts of Basik Nutrition Products as defined above cannot be purchased from Basik Nutrition, or a participant in Basik Nutrition’s Authorized Reseller Program, or acquired through any means other than contractual agreement with Basik Nutrition as part of the Authorized Reseller Program; You acknowledge not to resell Basik Nutrition products purchased absent an Authorized Reseller Agreement, lest You violate Basik Nutrition’s trademark for the sale and distribution of Basik Nutrition Products containing ‘material differences’ from Products sold using Basik Nutrition’s authorized channels of distribution. By acknowledging and agreeing to these terms, you further acknowledge any unauthorized resell as described above to be in violation of U.S. Trademark law, as an excepted party to the First Sale Doctrine, due to the sale or distribution of Basik Nutrition Products, which exhibit a ‘material difference’ (id est. no consumer protection or warranties that Basik Nutrition is bound by the FTC or contractually to honor) from products offered by Basik Nutrition, Basik Nutrition affiliated Websites, or participants in Basik Nutrition’s Authorized Reseller Program.
5.5 Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of BASIK NUTRITION or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, re-publish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without Our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits BASIK NUTRITION, its licensors or suppliers.
5.6 Copyright Agent. 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 U.S. copyright law. It is Our policy to terminate the accounts of repeat infringers. If You believe that Your Registrant Content has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide Our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Website; Your address, telephone number, and e-mail address; a written 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, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. 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 BASIK NUTRITION actual knowledge of facts or circumstances from which infringing material or acts are evident. BASIK NUTRITION’ copyright agent for notice of claims of copyright infringement can be reached as follows:
Please send an e-mail to firstname.lastname@example.org or call us at 801.998.2173.
We suggest that You consult Your legal advisor before filing a notice with BASIK NUTRITION’ copyright agent. Be advised that pursuant to this Agreement You are granting certain licenses to use Your Registrant Content. You should note that there can be penalties for false claims under the DMCA.
6.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that You may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for Your own personal (non-commercial) use and not for the purposes of competing in any manner with the Website or BASIK NUTRITION. If Your rights to use the Website ceases for any reason, You must, at Our option, return or destroy any copies of the Content You may have made.
6.2 Grant of License to Registrant Content. By Posting Registrant Content to the Website or by otherwise submitting Registrant Content to Us, Registrants automatically grant, and represent and warrant that they have the right to grant to BASIK NUTRITION, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. BASIK NUTRITION shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Website. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, We have the explicit right to incorporate any Registrant Content into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
6.3 Grant of License to BASIK NUTRITION Materials. As part of Your use of the Website, BASIK NUTRITION grants to You a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing BASIK NUTRITION Materials on Your personal computer for Your own personal, non-commercial use only. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to You any rights or license permitting You (i) to translate, alter, copy, revise, modify, change, or create derivative works based on BASIK NUTRITION Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make BASIK NUTRITION Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce BASIK NUTRITION Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, BASIK NUTRITION retains any and all rights that now or hereafter exist with respect to BASIK NUTRITION Materials. Basik Nutrition reserves the right to revoke the display, sale or otherwise use of Basik Nutrition or BASIK NUTRITION licensed materials upon request for any reason.
BASIK NUTRITION and/or third parties may provide links to other Websites of possible interest to you. Because We have no control over such Websites, You acknowledge and agree that We are not responsible for the availability of such Websites, We do not sponsor or endorse such Websites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Websites and Your access and use such Websites at Your own risk. You also acknowledge and agree that BASIK NUTRITION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Websites. All such Websites shall be subject to the policies and procedures of the owner of such Websites.
You may include on Your Website a link to a Website, provided that Your Website does not violate any Content Restrictions. Further, Your link, nor any other content on Your Website, shall not mislead or suggest that Your Website is sponsored by or affiliated with the Website. BASIK NUTRITION reserves the right to revoke, at any time, this limited authorization to link to the Website.
- DISCLAIMER OF WARRANTIES.
8.1 REGISTRANTS AND USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. BASIK NUTRITION EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE WEBSITE. NO INFORMATION OBTAINED FROM BASIK NUTRITION, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. BASIK NUTRITION SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE. SPECIFICALLY, BASIK NUTRITION DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE.
8.2 You understand that we cannot and do not guarantee or warrant that filed available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF BASIK NUTRITION. BASIK NUTRITION MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
8.3 PRODUCTS PURCHASED FROM WEB STORE FRONTS NOT OWNED BY BASIK NUTRITION, OR OUTSIDE OF BASIK NUTRITION’S AUTHORIZED RESELLER PROGRAM ARE NOT PROTECTED BY BASIK NUTRITION WARRANTIES AND ARE CLASSIFIED BY BASIK NUTRITION AS MATERIALLY DIFFERENT THAN PRODUCTS PURCHASED FROM BASIK NUTRITION, BASIK NUTRITION’S OWNED WEB STORE FRONTS, AND BASIK NUTRITION AUTHORIZED RESELLERS.
- LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL BASIK NUTRITION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR NOT BASIK NUTRITION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF BASIK NUTRITION TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM, OR (B) $100.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
- Indemnity. You shall indemnify and hold harmless BASIK NUTRITION, its affiliates or their licensors, service providers, employees, agents, officers or directors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against BASIK NUTRITION, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through Our Website, Your use of Our Website, Your connection to Our Website, Your breach of this Agreement, or Your violation of any law or the rights of a third party.
- Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that BASIK NUTRITION shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between You and BASIK NUTRITION by this Agreement.
- Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and You hereby submit to exclusive jurisdiction in the federal and state courts of California although We retain the right to bring any suit, action or proceeding against You for breach of this Agreement in Your county of residence or any other relevant county. You agree to receive service of process through certified mail or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. 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 OUR WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Class Action Waiver and Arbitration. THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST BASIK NUTRITION WITH RESPECT TO ANY THIRD-PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD-PARTY SERVICE JOINS BASIK NUTRITION IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST BASIK NUTRITION. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND BASIK NUTRITION MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.
The party filing a claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute, both of which are independent from Us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which You reside at the time the claim is filed or at some other place as agreed by the parties in writing. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:
American Arbitration Association
1633 Broadway, 10th Floor, New York, NY 10019
1920 Main Street, Suite 300, Irvine, CA 92614
- General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by BASIK NUTRITION, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
- Disclaimer. BASIK NUTRITION is a provider of online information relating to health, nutrition, diet and vitality. BASIK NUTRITION is not a healthcare practitioner or provider. This Website is provided for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by BASIK NUTRITION or any of its BASIK NUTRITION affiliates, agents, employees, consultants or service providers. If You have or suspect that You have a medical problem, contact Your health care provider promptly.
- Electronic Communications. By becoming a Registrant or by sending e-mails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on this Website. You consent to receive communications from Us electronically. Further, You agree that all communications including but not limited to agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
- Resale. No products purchased from this Website shall be resold without written permission from Basik Nutrition LLC.
Last Updated: January, 2019