Terms and Conditions
These terms are effective as of: March 6, 2017
By using the Site, you accept and agree to these Terms. If you do not agree to all of the provisions in the Terms, do not use the Site.
Access to and use of the Site and the information, materials, products and services available through the Site are subject to all applicable laws and regulations and these Terms.
The term “Content” means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through this Site.
- CHANGES TO THESE TERMS.
MYOS reserves the right, in MYOS’ sole and absolute discretion, to change, modify, add, or remove portions of these Terms, at any time and without specific notice to you. The latest Terms will be posted on the Site and it is your responsibility to check these Terms periodically for any changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, MYOS grants you a non-exclusive, personal, non-transferable, limited privilege to use the Site.
- OWNERSHIP RIGHTS.
You acknowledge and agree that the Site and any logos, names, designs, text, graphics, software, compilation, content, files, materials, arrangement of elements, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by MYOS or its licensors or suppliers. Neither this Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without MYOS’ express prior written permission. You expressly agree that you will do nothing inconsistent with MYOS’ ownership of the Site, and that you gain no rights, title, or interest in or to the Site, except as stated in these Terms or any executed written agreement between you and MYOS. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MYOS or any third party.
MYOS neither warrants nor represents that use of Content displayed on this Site will not infringe rights of third parties not owned by or affiliated with MYOS.
- DISCLAIMER AND LIMITATIONS.
Your use of and browsing of this Site are at your risk. Neither MYOS nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. MYOS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, and/or images from this Site.
You hereby release and hold harmless MYOS, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of this Site and/or in connection with MYOS’ use of the Content. In consideration for your agreement herein, MYOS will provide access to this Site.
You agree to reimburse and indemnify MYOS and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney’s fees and costs) that they may incur from claims based on use of the Content.
You hereby release and hold harmless MYOS, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with using and/or submitting Content.
MYOS may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound.
- ACCURACY OF CONTENTS.
Contents on the Site, including but not limited to pricing information or product description, may include technical, typographical or photographic error. MYOS does not warrant the accuracy, completeness or usefulness of any such Contents on the Site. MYOS endeavors to update its Contents but may make changes to its Contents at any time without notice.
If a product offered by MYOS itself is not as described, your sole remedy is to return it in unused condition. MYOS reserves the right to limit quantities of products purchased by you and to revise, suspend, or terminate a sale, event, or promotion at any time, and without notice (including after an order has been submitted and/or acknowledged). MYOS makes no guarantee that all products described on the Site will be available at all times
This Site is a commercial site and is not intended for use by anyone under eighteen (18) years old. You must be at least eighteen (18) years old to make a purchase at the online store at this Site.
- INTERNATIONAL USERS.
MYOS does not sell its products in any jurisdiction other than the United States as these products may not be approved for sale in other jurisdictions. The Site is controlled, operated and administered by MYOS from its office within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
- COUPONS AND PROMOTIONS.
MYOS may from time to time offer rewards points, coupons and/or promotional codes (together “Coupons”) as well as rewards programs and promotions at its sole discretion and pursuant to these Terms. Coupons are non-transferable and may not be sold, may only be used once, may not be redeemed for cash or credit, and can only be used on the Site. Products obtained using Coupons are not for resale. If your Coupon has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount. If you return products purchased using a Coupon, you will not receive a refund for the amount of the Coupon. Coupons are void where prohibited, taxed or restricted by law. Lost Coupons will not be replaced. Coupons are valid in the United States only, excluding its territories. Additional restrictions and terms and conditions may apply to such Coupons as indicated. MYOS reserves the right, at MYOS’ sole discretion to change, modify or terminate the Coupons, rewards programs or promotions at any time without prior notice.
Products purchased from this Site are sold to you for your personal use and not for resale. MYOS reserves the right, at MYOS’ sole discretion, to limit the quantity of products sold or to refuse sale of products to any customer at any time.
- YOUR ACCOUNT AND/OR PASSWORDS.
Certain services associated with the use of this Site permit or require you to create an account (such as an Affiliate account) to use additional services and benefits that MYOS provides. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian.
MYOS may suspend or terminate, in appropriate circumstances and in MYOS’ sole discretion, accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct, including but not limited to infringement of intellectual property rights.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify MYOS of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Site. You agree not to use the account, username or password of any other account holder at any time. MYOS will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
- USER-SUBMITTED CONTENT.
By submitting Content to be used on this Site, you agree that MYOS may use your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by MYOS and MYOS reserves the right in MYOS’ sole discretion NOT to use any submitted content. You grant these rights to MYOS worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on this Site, advertising, and other commercial uses in connection with this Site. You waive all rights related to MYOS’ use and release, discharge and hold harmless MYOS, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you.
You further understand and agree that online visitors to this Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls.
In addition and by submitting Content:
- you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in this Site, without further consent or approval, and that whether or how the Content is used in this Site is entirely within MYOS’ sole discretion.
- you certify that you are the original author (or have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content; that you are the only person depicted in the Content; and you have complete authority to grant to MYOS the rights stated herein.
- you understand and agree that all Content is subject to review and editing by MYOS prior to any posting or use by MYOS at MYOS’ sole discretion. You further acknowledge that MYOS reserves the right to remove any Content from this Site at any time and for any reason at MYOS’ sole discretion.
- THIRD PARTY CONTENTS.
- CONTENT POSTED ON THIS SITE.
All Content is the sole responsibility of the person from whom such Content originated. MYOS does not control, and is not responsible for user-submitted Content and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. MYOS makes no representation or warranty as to the accuracy, completeness, authenticity or usefulness of the information in such Content posted on, transmitted through, and available through this Site. By entering and using this Site, you bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will MYOS be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge and agree that MYOS does not pre-screen or approve Content prior to posting.
MYOS makes no representations and/or warranties to any Content, by any user. You understand and agree that MYOS may review and delete any Content that in the sole judgment of MYOS violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You are solely responsible for the Content that you publish or display. By posting Content to any public area of MYOS, you automatically grant, and you represent and warrant that you have the right to grant, to MYOS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You are prohibited from, and expressly agree that you will not:
- post any Content that is patently offensive to the online community, such as Content that (x) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (y) harasses or advocates harassment of another person; or (z) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or violates any intellectual property rights.
- circumvent or disable any content protection system or digital rights management technology used with the Site;
- decompile, reverse engineer, disassemble or otherwise reduce any portion of the Site to a human-readable form;
- remove identification, copyright or other proprietary notices in or on any portion of the Site;
- access or use the Site in an unlawful or unauthorized manner or in a manner that suggests an association with MYOS’ Content, products, services or brands, unless you have an executed agreement with MYOS that allows for such activity;
- use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any part of the Site, except as expressly authorized in these Terms;
- introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site or connected network, or interfere with any person or entity’s use or enjoyment of the Site; or
- access, monitor, or copy any element of the Site using a robot, spider, scraper or other automated means or manual process without MYOS’ express written permission.
- COPYRIGHT POLICY.
All materials and information on this Site are protected by copyrights that are owned or licensed by MYOS, or otherwise used with permission by MYOS. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from this Site or any other site owned or operated by MYOS without MYOS’ prior written permission. Any modification or use of the Content for any other purpose constitutes an infringement of MYOS’ copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without MYOS’ prior written permission.
Notwithstanding the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide MYOS’ Copyright Agent with the following information:
- Identification of the copyright claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit MYOS to locate the material (preferably a link to the material).
- Information reasonably sufficient to permit MYOS to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MYOS’ trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. MYOS’ trademarks include (but are not limited to) the following trademarks: QURR, QURR STRONG, QURR TONED, QURR PRO, QURR WELL, QURR FORTETROPIN, MYOS and FORTETROPIN.
- PRIVACY AND DATA PROTECTION.
- NO WARRANTIES.
MYOS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. MYOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. MYOS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM MYOS WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). MYOS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. MYOS DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT MYOS SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked.
- EXCLUSION OF LIABILITY.
To the fullest extent permitted by applicable laws MYOS, on behalf of its employees, agents, suppliers, and contractors, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if MYOS has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
- YOUR OBLIGATIONS.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.
You agree to indemnify, release and hold MYOS harmless as well as MYOS’ officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access or use of this Site, including any information, materials, products or services available through this Site.
- MODIFICATION AND DISCONTINUATION.
MYOS reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site or any part thereof and/or the Content available through this Site or any part thereof with or without notice. You agree that MYOS shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
- ENTIRE UNDERSTANDING.
- SEVERABILITY AND NON-WAIVER.
MYOS’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by MYOS of any right under these Terms on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.
- LAW AND JURISDICTION.
These Terms shall be subject to, governed by and construed under the laws of the State of New Jersey in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of New Jersey and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, MYOS retains the right to bring legal proceedings in any jurisdiction where MYOS believes that infringement of this agreement is taking place or originating.
- CONTACTING MYOS.
If you have any questions regarding these Terms or any other matter, you may contact MYOS directly through myosnutrition.com/contacts.
You may also contact MYOS by mail at:email@example.com
MYOS RENS Technology Inc.
45 Horse Hill Road, Suite 106
Cedar Knolls, New Jersey, 07927
These Terms were last updated by MYOS RENS Technology Inc. on March 6, 2017.