Terms and 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.
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.
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
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.
Because we constantly improve the website, we may change or discontinue any part of the website, at any time and without notice.
Termination; Cooperation with Law Enforcement
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.
Choice of Law and Venue and Class Action Waiver
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.