Terms And Conditions Of Use And Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING ANY MATERIAL ON THIS SITE OR USING ANY OF THE SERVICES PROVIDED. BY ACCESSING ANY MATERIAL ON THIS SITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, THAT YOU UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR ANY OF THE SERVICES PROVIDED.
Nutrition Care Systems maintains this website for your personal entertainment, information, education and communication. Please feel free to browse the website. Unless otherwise indicated, the contents of this website are the property of Nutrition Care Systems and are protected, without limitation, pursuant to U.S. and foreign trademark, copyright and other intellectual property laws. You may download material displayed on the website for non-commercial, personal use only, provided you also retain all trademark, copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without Nutrition Care Systems’ written permission. For purposes of this agreement, the use of any such material on any other website or computer environment is prohibited without the express written consent of Nutrition Care Systems, Inc.
Your access and use of the website is also subject to the following additional terms and conditions and all applicable laws. You acknowledge that any other agreements between you and Nutrition Care Systems relating to this subject matter are superseded and have no force or effect.
Copyrights and Trademarks
You should assume that everything you see or read on the website is copyrighted and/or subject to trademark protection, unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the website without the written permission of Nutrition Care Systems. Nutrition Care Systems neither warrants nor represents that your browsing of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Nutrition Care Systems, Inc.
Content
While Nutrition Care Systems uses reasonable efforts to include accurate and up-to-date information on the website, Nutrition Care Systems makes no warranties or representations as to its accuracy. Nutrition Care Systems assumes no liability or responsibility for any errors or omissions in the content on the website. Nutrition Care Systems reserves the right to modify or discontinue at any time any part or all of this website with or without notice. It is understood and agreed that Nutrition Care Systems shall not be liable for any modification or discontinuance of the website.
Limitation of Liability
Neither Nutrition Care Systems nor any other party involved in creating, producing or delivering the website is liable for any direct damages, indirect, incidental or consequential damages, lost profits, lost sales, or punitive or enhanced damages arising out of your access to, or use of, the website.
Exclusion of Warranties
Your browsing of the website is at your risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nutrition Care Systems 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 the website or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the website.
State Law Prohibitions
THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
Communications to Nutrition Care Systems
Any communication or material you transmit to the website by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Nutrition Care Systems or its affiliates for any purposes, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Nutrition Care Systems is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing services and marketing products using such information.
Indemnity
You agree to indemnify and hold Nutrition Care Systems and its affiliates, officers, agents and employees harmless from any and all claims or demands including reasonable attorneys’ fees and expenses made by any third party arising out of or relating to any communications you submit, transmit, post, or otherwise provide to the website or arising out of any breach of these Terms and Conditions of Use and Agreement.
Applicable Law
These Terms and Conditions of Use and Agreement shall be interpreted in accordance with the laws of the State of Illinois.
Headings
The headings listed in these Terms and Conditions of Use and Agreement are provided for convenience only and will not affect their construction or interpretation.
General
This Agreement represents the entire agreement relating to the use of this website. Nutrition Care Systems’ failure to enforce any right or provisions of this Agreement does not constitute a waiver of that right or provision. Nutrition Care Systems may at any time revise these Terms and Conditions 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 Condition to which you are bound. Nutrition Care Systems may, in its sole discretion, terminate or suspend your access to all or part of the website for any reason, or for no reason, including, without limitation, breach of these Terms and Conditions of Use and Agreement.
For additional terms and conditions, see the Privacy Statement contained on this website.
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