Date of last revision: September 11, 2013.
Nutrie, LLC ("Nutrie"), operates this website located at http://www.nutrie.com and http://www.automaticbody.com (along with all subdomains, collectively, the "Site") to provide information related to its nutritional supplements ("Products") and on how to become a Nutrie Independent Brand Partner.
You may not use this Site if you are not of legal age to form a binding contract with Nutrie unless, if applicable, have had your Parent/Guardian complete the appropriate Deed of Guarantee and are at least 14 years old (documents available at http://www.nutriesupport.com). If you are under 18 years of old, you must leave this Site immediately (unless you have had your Parent/Guardian complete the appropriate Deed of Guarantee for Minors are at least 14 years old).
Nutrie reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU at http://www.NutrieTermsOfUse.com. Use of the Site after such changes constitutes acceptance of such changes.
- Nutrie's License to User Content.
- You grant Nutrie a license to use any and all materials you provide to the Site or any services found therein. By providing, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site, you are granting Nutrie, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Nutrie, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content used by Nutrie. You agree that Nutrie may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- Nutrie Intellectual Property.
- Our Site and all of its contents (collectively, the "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Nutrie or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work or compilation or both.
- No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Nutrie.
- You may browse through the Site and purchase products. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.
- Use of the Site. You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that Nutrie has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
- Third Party Sites and Services. This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. Nutrie has no control over sites that are not ours, and Nutrie is not responsible for any changes to or content on them. Nutrie assumes no responsibility for the content of or services offered by third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party web sites linked to or from this Site reflect only the views of their authors and not of Nutrie. Nutrie's inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
- Disclaimer of Warranties.
- NUTRIE DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH ITS SERVICES. USE OF THE SITE, ITS SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR ITS SERVICES IS AT YOUR SOLE RISK. THE SITE, ITS SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- NUTRIE DOES NOT WARRANT THAT THE SITE OR ITS SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ITS SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR ITS SERVICES WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. NUTRIE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR ITS SERVICES.
- NUTRIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR ITS SERVICES, IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE NUTRIE MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT NUTRIE. NUTRIE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
- NUTRIE DOES NOT REPRESENT THAT THE SITE, ITS SERVICES, OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
- NUTRIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ANY DATA ACCESSED WHILE USING THE SITE OR ITS SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE AND ANY DATA ACCESSED WHILE USING THE SITE OR ITS SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability.
- NUTRIE IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR ITS SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE YOUR USE OR INABILITY TO USE OR ACCESS THE SITE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED NUTRIE IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
- IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, NUTRIE IS FOUND LIABLE UNDER ANY THEORY, NUTRIE'S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND ITS SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $1,500.00.
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 5 AND 6. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 5 AND 6 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 9 (e) (SEVERABILITY) BELOW WILL APPLY.
- Indemnification. You will defend, indemnify and hold Nutrie harmless from any claim or demand, including attorneys' fees and costs, made by any third party in connection with or arising out of Your use of the Site, Your violation of any terms of this TOU, Your violation of applicable laws, or Your violation of any rights of another person or entity.
- EXCEPT AS MAY HAVE BEEN OTHERWISE EXPRESSLY AGREED BY AND BETWEEN YOU AND NUTRIE (SUCH AS THROUGH A BRAND PARTNER AGREEMENT, PREFERRED CUSTOMER AGREEMENT, OR YOUR CONSENT TO BE BOUND BY THE BRAND PARTNER RULES AND REGULATIONS), AND EXCEPT FOR ANY AND ALL CLAIMS RELATED TO YOUR ALLEGED INFRINGEMENT OF ANY OF NUTRIE'S INTELLECTUAL PROPERTY RIGHTS, YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND NUTRIE, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY AN ARIZONA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").
The following procedures shall apply:
- Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
- In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by the American Arbitration Association (“AAA”), and shall be conducted using the then current AAA commercial rules and regulations (except as varied by this agreement). The arbitration shall take place at the AAA Phoenix Regional Office, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
- Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement.
- Governing Law; Jurisdiction; Attorneys' Fees. This Site (excluding linked sites) is operated by Nutrie from its offices in Arizona, United States of America. Although a purchase from outside the United States is strictly prohibited, the Site can be accessed worldwide. As each of these jurisdictions has laws and regulations that may differ from those of Arizona, by accessing this Site or purchasing, subscribing, or otherwise using the its services, you and Nutrie agree that the laws of Arizona (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. If for any reason, the Arbitration provision required in Section 11 above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of Arizona in the County of Maricopa for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of Nutrie and you, including tort claims, the prevailing party will be entitled to attorneys' fees and costs.
- Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Site, or the use of the Site, must be brought within one year after such claim or cause of action arose.
- English Language Controls. This English-language TOU is Nutrie’s official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another language, this English-language document controls.
- Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
- Waiver. No failure or delay on the part of Nutrie in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this TOU.
If you have questions about this TOU or want to contact us, please send an email to email@example.com or write to us at:
8501 E. Princess Rd.
Scottsdale, AZ 85255