The Fine Print.
infinIT Nutrition Web Application ("infinIT's Web") provides online Confidential Information to infinIT Nutrition LLC's Customers, Agents, Liscencees and, including certain individuals related to infinIT Nutrition LLC's Customers, Agents, and Suppliers who have a legitimate business need-to-know. Please read this infinIT Nutrition Web Agreement ("this Agreement") carefully. Do not proceed further and do not access any information on infinIT Web if you are not authorized by an infinIT Nutrition LLC Customer, Agent, or Supplier to access infinIT's Web on its behalf, or if you do not accept any term or condition of this Agreement. Use of this website constitutes agreement to all of the terms and conditions of this Agreement just as if you had signed a copy of this Agreement. Your continued acceptance of and compliance with this Agreement is a condition of your continued access to infinIT's Web. 1. Parties. As used in this Agreement, "you" refers to you as the specific individual who is an infinIT Nutrition LLC Customer, Agent, or Supplier, and who agrees to abide by the terms and conditions of this Agreement. 2. Use of Information. infinIT Nutrition LLC highly values the strong relationships that we have with our customers. Personal information will not be released to persons or entities outside our organization without your consent. An exception to this is infinIT Nutrition LLC may be required by law to disclose certain information. Linked Web Sites are not under the control of infinIT Nutrition LLC and we are not responsible for the conduct of companies linked to our Web Site. Before disclosing your Personal Information on any other web site we advise you to examine their terms and conditions of use. We do not sell, rent, trade, or otherwise transfer to outside parties personally identifiable information that you voluntarily provide to us unless we receive your express consent in advance. If you place an order during your visit to our site all the information you submit during that visit will only be used so that the transaction can take place. All information and other materials, including third party information and materials, appearing on infinIT's Web ("Material") is confidential unless otherwise marked as intended for distribution to end-user customers, and you must keep all such Material confidential. Unless otherwise clearly indicated, you may download Material appearing on infinIT's Web for your use or to provide to your employees, agents and consultants who have a business need-to-know the information and who have agreed, in writing, to maintain the confidential nature of all such Material. Under all circumstances you must use Material solely in accordance with this Agreement. You must notify infinIT Nutrition, LLC promptly, in writing, if any Material has been used in any way that violates this Agreement. Without in any way limiting the foregoing, you must not post or distribute any Material any place or in any form in which it can be accessed by persons not having a need-to-know, including, without limitation, on the Internet, any network that is accessible to persons not having a need-to-know, or any printed form that is viewable by persons not bound to honor its confidentiality. 3. No Transfer of Right to Access infinIT's Web. You may not share, assign or transfer your access to infinIT's Web under this Agreement 4. Password and User ID. You must maintain the confidentiality of your password and infinIT's Web User Identification ("User ID"). You will not disclose or make available your password or User ID to any other person or entity. You must notify infinIT Nutrition, LLC, immediately and in writing, (a) of any unauthorized or improper use of your password or User ID, or (b) if you are no longer authorized to access infinIT's Web, whether due to termination of your relationship with infinIT Nutrition, LLC, transition to another position that does not have a business need-to-know the Material, or other reasons. 5. Copyright. The entire contents of infinIT's Web are protected by copyright and other laws. Except as expressly provided in this Agreement, you must not copy, redistribute, publish or otherwise exploit any part of infinIT's Web without prior written permission of infinIT Nutrition, LLC or the copyright owner if infinIT Nutrition, LLC does not hold the copyright to the particular contents. 6. Disclaimer of Warranties. (A) INFINIT'S WEB AND ITS CONTENTS ARE PROVIDED "AS IS". INFINIT NUTRITION, LLC MAKES NO PROMISE OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED: (A) THAT THE USE OF INFINIT'S WEB WILL BE UNINTERRUPTED OR ERROR-FREE; (B) REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFINIT'S WEB CONTENTS; (C) REGARDING THE UPLOADING, DOWNLOADING, ENCRYPTION OR DECRYPTION OF ANY SUCH CONTENTS (D) REGARDING THE RESULTS YOU WILL OBTAIN BY USING INFINIT'S WEB OR ITS CONTENTS. (B) INFINIT NUTRITION, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL INFINIT NUTRITION, LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RESULTING FROM ANY MATTER ARISING OUT OF OR RELATING TO INFINIT'S WEB. INFINIT NUTRITION, LLC'S TOTAL LIABILITY UNDER ANY LEGAL THEORY WILL IN NO EVENT EXCEED $250.00. 8. Indemnification. You will defend and indemnify infinIT Nutrition, LLC and its subsidiary and affiliated companies, employees, officers, directors, and agents from any and all losses, damages, liabilities, costs and reasonable expenses (including but not limited to attorneys' fees), in connection with or arising out of infinIT's Web and your violation of applicable law, this Agreement, and any use of infinIT's Web that it not specifically authorized under this Agreement. Neither infinIT Nutrition LLC, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information. infinIT Nutrition LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if infinIT Nutrition LLC has been advised of the possibility of such damages. I UNDERSTAND THAT INFINIT NUTRITION LLC IS NOT A REGISTERED OR LICENSED DIETITIAN, NOR A MEDICAL PRACTITIONER. THE INFINIT WEB DOES NOT REPLACE THE EXPERT ADVICE OR MEDICAL TREATMENT OF MY OWN PRIVATE DOCTOR. IT IS HIGHLY RECOMMENDED THAT YOU SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL PRIOR TO ANY PHYSICAL FITNESS OR NUTRITIONAL PROGRAM. 9. Modifications of Terms. infinIT Nutrition, LLC shall have the right to make changes to this Agreement from time to time. infinIT Nutrition, LLC will notify you of such changes by posting the change to infinIT's Web, and such changes will be effective immediately upon posting. If you continue to access infinIT's Web after infinIT Nutrition, LLC has posted such changes, you will be deemed to have accepted all such changes. 10. Use of Formulation Sliders. All formulation sliders are for the use of infinIT Nutrition's Customer, Agent, or Supplier exclusively and are not for the use of resale, redistribution or for profit and are confidential unless otherwise marked as intended for distribution to end-user customers, and you must keep all such Material confidential. 11. Termination. This Agreement will continue until infinIT Nutrition, LLC or you terminate it. Either of infinIT Nutrition, LLC or you may terminate this Agreement at any time, with or without cause, and without incurring any liability by giving written notice to the other as provided in this Agreement. In the event of termination by either party, you must discontinue, immediately, all access to infinIT's Web and destroy or return to infinIT Nutrition, LLC all Material then in your possession. You shall not keep any copy of Confidential Information. If this Agreement is terminated by either Party for any reason, you will continue to be bound by the provisions of this Agreement covering protection of the Material's confidentiality, copyrights, warranties, liability, indemnification, termination, compliance with laws, governing law, successors, and remedies for unauthorized disclosure of Material. 12. Compliance with Laws. You warrant that all actions taken by you with respect to infinIT's Web and its contents will comply with all applicable laws, including but not limited to any applicable laws regarding export compliance. 13. Governing Law. This Agreement and the resolution of any dispute arising under or concerning it shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions. 14. Successors. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties, their successors, and permitted assigns. 15. Remedies. You acknowledge that unauthorized disclosure or use of the Material will cause irreparable harm and significant injury to infinIT Nutrition, LLC. You agree that infinIT Nutrition, LLC will have the right to seek and obtain immediate injunctive relief for any breaches of this Agreement, in addition to any other rights and remedies it may have. Any violation of any of the terms or conditions of this Agreement by you, including the breach of any confidentiality obligation, shall be grounds for infinIT Nutrition, LLC to utilize whatever remedies it may have against you, including, without limitation, termination of your Client Agreement or Agent Agreement and termination of your access to infinIT's Web. 16. Notices. Any notice you may be required to give infinIT Nutrition, LLC under this Agreement should be sent via electronic mail to infinIT Nutrition, LLC at: firstname.lastname@example.org. Any notice infinIT Nutrition, LLC may be required to give you under this Agreement may, at infinIT Nutrition, LLC's option, be sent to you via electronic mail to an e-mail address on record with infinIT Nutrition, LLC or by posting that notice on infinIT's Web. 17. General. Any provision in any document received by infinIT Nutrition, LLC from you that is inconsistent with or attempts to add to or modify any provision of this Agreement shall be void and of no force or effect. Neither the Parties' course of conduct or trade practice will modify any term of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect. The paragraph headings contained herein are for reference only and shall not be considered as substantive parts of this Agreement. Use of the singular or plural form shall include the other, and "or" shall be read as conjunctive, unless otherwise clear from the context. In the event of any conflict between the terms of this Agreement, your Agent Agreement, your Client Agreement or infinIT Nutrition, LLC's Business Policies and Practices, the following order of precedence shall prevail: your Agent Agreement, your Client Agreement, infinIT Nutrition, LLC's Business Policies and Practices, this Agreement. infinIT's Web is for the use of infinIT Nutrition, LLC and its employees, contractors and registered users. Except for material clearly marked as being for distribution to end-user customers, you may not distribute, replicate, or otherwise disseminate any of the information on this site to any person who is not under a duty to infinIT Nutrition, LLC to keep the information confidential.