TERMS & CONDITIONS

Agreement Between User and CBNutrition

This website consists of various pages operated by CBNutrition. Use of this website is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of this website is subject to CBNutrition’s Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices.

Electronic Communications

Visiting this website or sending emails to CBNutrition constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and CBNutrition may be recorded.

User Feedback and Other Data

With respect to any content you submit or make available to CBNutrition or on the you grant to CBNutrition a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.

In the event that you submit or post any suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to CBNutrition.

You promise that your User Content and Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.

Your Account

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CBNutrition is not responsible for third party access to your account that results from theft or misappropriation of your account. CBNutrition and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Links to Third Party Website/Third Party Services

CBNutrition may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CBNutrition and CBNutrition is not responsible for the contents of the Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CB may provide the links to you only as a convenience, and the inclusion of any link does not imply endorsement by CBNutrition of the site or any association with its operators.

Certain services made available via CBNutrition are delivered by third party sites and organizers. By using any product, service or functionality originating from the CBNutrition domain, you hereby acknowledge and consent that CBNutrition may share such information and data with any third party with whom CBNutrition has a contractual relationship to provide the requested product, service of functionality on behalf of CBNutrition users and customers.

No Unlawful or Prohibited Use/ Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use this website strictly in accordance with these terms of use. As a condition of your use of this website, you warrant to CBNutrition that you will not use this website for any purpose that is unlawful or prohibited by these Terms. You may not use this website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of CBNutrition or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. CBNutrition content is not for resale. Your use of this website does not entitle you to make unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CBNutrition and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CBNutrition or our license except as expressly authorized by these terms.

Changes to the Terms of Use

We have the right to change the Terms of Use at any time. If we change the Terms of Use, we’ll let you know either by posting the modified Terms of Use on our website or by communicating with you directly.

We agree to post a notice of the changes in the footer of our website, and the changes will be effective 30 days after posting the notice. Your continued use of the website will be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the website.

Because we constantly improve the website, we may change or discontinue any part of the website, at any time and without notice.

Limited License

So long as you comply with these Terms of Use, you may access the website and view the Materials for non-commercial purposes. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions

Your right to use the website is conditioned on compliance with these Terms of Use and applicable laws. You may not (and you may not permit anyone else to): 1) Use any manual process or robot, spider, scraper, or other automated means to collect information from the website or from other website users; 2) Use the Materials or other data or information from the website for commercial purposes; 3) Mirror any Materials contained on the website or any CBNutrition server or use framing techniques to enclose the website or any part of the website; 4) Circumvent any of the technical limitations of the website; 5) Interfere with or prevent access to the website by other users, or impose an unreasonable service request or usage load on our infrastructure; 6) Change or remove any copyright, trademark, or other proprietary notices on the Materials or website; 7) Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission; 8) Use any metatags or any other hidden text incorporating CBNutrition’s name or trademarks in any online site or posting; 9) Solicit, trace or otherwise collect any information from users or visitors of the website; 10) Use the website for commercial activities such as contests or advertising; or, 11) Create a database by downloading and storing the Materials.

Termination; Cooperation with Law Enforcement

If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the website, and investigate and suspected violations of these Terms of Use. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimer

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.

YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SITE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED UPON INFORMATION ON THE SITE, WHETHER SUCH INFORMATION IS ACCURATE OR INACCURATE.

Limitation of Liability and Damages

THE REMEDIES DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS” ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY PROVIDED BY CBNUTRITION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBNUTRITION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.

IN NO EVENT WILL CBNUTRITION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS EXCEED EIGHT HUNDRED and SEVENTY DOLLARS ($870.00).

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between CBNutrition and you. 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.

Indemnity

You agree to defend and indemnify CBNutrition, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website.

Choice of Law and Venue and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with CBNutrition, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by Nevada law and the District Court for the Fourth Judicial District Court in and for the County of Elko, State of Nevada, shall have jurisdiction and venue over all disputes arising under this Agreement. You agree that CBNutrition and you are each waiving the right to trial by a jury. You hereby waive the ability to participate in a class action.

Survival.  The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by CBNutrition without restriction.

Limitations on Claims. Any cause of action or claim you may have with respect to CBNutrition or the website (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.

No Waiver.  Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

Entire Agreement. These Terms of Use and the Privacy Policy (https://www.cbnutrition.net/privacy) constitute the entire agreement between you and us and govern your use of the website. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Contact Information

You may contact us through the webform on the Website, at www.cbnutrition.net or courtney@cbnutrition.net  with any questions about the website or our products.