Your access to and use of any website or mobile website where these terms reside (collectively, the "Web Site”) is subject to the following terms and conditions (Terms and Conditions). PEScience may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Web Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Web Site.
If you are required to or choose to register for an account your account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
You agree to defend, indemnify and hold harmless PEScience (“Company”), all of their officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your user content, (iii) your use of materials or features available on the Web Site (except to the extent a claim is based upon infringement of a third-party right by materials created by PEScience) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You should assume that all materials, designs, text and images (collectively, the 'Materials') contained in the Web Site are either the copyrighted property of PEScience unless otherwise noted, or are the copyrighted property of third parties. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of PEScience, and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. PEScience neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights.
This Web Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by PEScience (the 'Trademarks'). The Trademarks displayed on the Web Site are registered and unregistered Trademarks of PEScience. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Web Site, or any license or right to use any other Trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, PEScience will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
Materials may be made available via the Web Site by third parties not within our control (such as user content). We are under no obligation to, although we reserve the right to, review content used in connection with the Web Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Web Site.
If you believe any materials on the Web Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
3665 East Bay Dr #155-201
Largo, FL 33771
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA. It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
All orders placed through the Web Site are subject to PEScience acceptance. This means that PEScience may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is cancelled, you will be issued a refund.
WEB SITE CONTENTS
Occasionally there may be information on the Web Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. You understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the Web Site (collectively, the “Contents”) are owned by the Company.
You will not use the Web Site to:
Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its principles or affiliates), anything that adversely affects the Company’s business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
You represent, warrant and agree that you will comply with the above acceptable use policy.
DISCLAIMER OF WARRANTIES
The web sites, including, without limitation, all content, software, and functions made available on or accessed through or sent from the web sites, are provided “as is,” “as available, ” and “with all faults.” To the fullest extent permissible by law, company and its subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the web sites; (b) the content and software on and provided through the web sites; (c) the functions made accessible on or accessed through the web sites; (d) the messages and information sent from the web sites by users; (e) any products or services offered via the web sites or hypertext links to third parties; and/or (f) security associated with the transmission of sensitive information through the web sites or any linked site. Company does not warrant that the web sites, any of the web sites’ functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the web sites or the servers that makes them available are free of viruses or other harmful components.
Company does not warrant that your activities or use of the web sites is lawful in any particular jurisdiction and, in any event, company specifically disclaims such warranties. You understand that by using any of the features of the web sites, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the web sites or the content. Further, company and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title.
Company, its subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them shall not be liable for the use of the web sites including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
DISCLAIMERS/LIMITATION OF LIABILITY
You understand and agree that company limits its liability in connection with your use of the web sites as set forth below:
Under no circumstances shall company, its subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them (collectively, the “company entities and individuals”) be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the web sites, the content (2) the use of, inability to use, or performance of the web sites; (3) any action taken in connection with an investigation by company or law enforcement authorities regarding your use of the web sites or content; (4) any action taken in connection with copyright owners; (5) any errors or omissions in the web sites’ technical operation, even if foreseeable or even if the company entities and individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the web sites). In no event will the company entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. 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. In no event shall the company entities and individuals total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).
The company entities and individuals are not responsible for any damage to any user’s computer, modem, cell phone, hardware, software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your access to and use of this web site is at your risk. If you are dissatisfied with the web site or any of the content, your sole and exclusive remedy is to discontinue accessing and using the web site or the content.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, video, film or other content owned or controlled by company and/or its subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any company web site, property, product, program, video, film or other content or your upload information or any and all activities or actions related thereto.
You recognize and confirm that the web sites do not provide medical advice, information or recommendation of any kind and company expressly disclaims that it is providing any such advice, information or recommendation. The statements on the web sites have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
By accessing any of the web sites, I understand that I may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of any law of any state or territory, which provides that a general release does not extend to claims which the releasor does not know or suspect to exist in his/her favor at the time of executing a release, and which if known by him/her must have materially affected his/her settlement with the releasee.
This Agreement is effective unless and until terminated by either you or Company. You may terminate this Agreement at any time. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Web Sites, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Company, you must promptly destroy all materials, downloaded or otherwise, obtained from the Web Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
These Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Florida, United States.
JURISDICTION AND VENUE
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms and Conditions and/or the Web Sites. Any controversy or claim arising out of or relating to these Terms and Conditions and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of Pinellas, in the City of Clearwater, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
This Web Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. PEScience has not reviewed all the websites linked to the Web Site and is not responsible for the content of any other websites linked to the Web Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, PEScience does not object to links to this Web Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of PEScience trademarks, logos or slogans in or with your links. Do not present the link to this Web Site in any way that suggests PEScience has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with PEScience to do so. You may link to this Web Site using the plain text name of the Web Site. Link only to the home page of this Web Site. Do not, without PEScience written permission: (a) incorporate any content from this Web Site into your website (e.g., by in-lining or framing); (b) use any PEScience names, trademarks, slogans, or any other words or codes identifying PEScience Web Site in any "metatag". PEScience will not tolerate links from any website that may adversely affect the name, reputation and goodwill of PEScience and its products. PEScience reserves the right to cancel permission to link at any time, for any reason.
FITNESS, NUTRITION, & HEALTH INFORMATION
Information presented on PEScience web sites is intended to impart general fitness, nutrition and health information. PEScience is not engaged in rendering medical advice or services. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web Site.
Any claims asserted by you in connection with the Web Site must be asserted in writing to PEScience within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement between you and PEScience with respect to the Web Site. You acknowledge that any other agreements between you and PEScience with respect to the Web Site are superseded and of no force or effect.
Both you and PEScience acknowledge and agree that no partnership is formed and neither of you nor PEScience has the power or the authority to obligate or bind the other.
No waiver of any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms and Conditions shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.
Effective Date: 12/20/2016