PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

  1. GENERAL TERMS AND CONDITIONS


By using this website (the ÒSiteÓ), you are agreeing to comply with and be bound by this Terms of Use Agreement (the ÒAgreementÓ). You acknowledge and agree that your use of the Site has the same effect as manually signing a contract and creates a valid, binding contract between you and The SoftShop (ÒTSSÓ - the developer of OnTarget Nutrition). If you do not agree to all of the terms of this Agreement, you should proceed no further and obtain no services through the Site or submit any information to the Site.


TSS may modify this Agreement at any time. Any modifications to this Agreement will be effective immediately upon posting on this Site. You agree to review the Agreement posted on the Site each time you use the Site so that you are aware of any modifications made to this Agreement. Your continued usage of the Site will you mean you accept those changes. For your convenience and future reference, the date of the version of this Agreement is shown below.

 

TSS reserves the right, in its sole discretion, to terminate your access to the Site at anytime and without notice.

 

  1. THE SITE DOES NOT PROVIDE MEDICAL ADVICE


The contents of the Site (the ÒContentÓ) are for informational purposes only. This Site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Reliance on any information provided on this Site is solely at your own risk.

 

  1. WARRANTIES AND LIMITATIONS OF LIABILITY


The use of the Site, the Content and User Content is at your own risk. TSS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.

TSS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.


TSS IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY OR BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE.


When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of TSS. Accordingly, TSS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.


IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THIS SITE. IN NO EVENT SHALL TSS BE LIABLE FOR any DAMAGES Including indirect, exemplary, SPECIAL, incidental, or consequential damages, losses or expenses arising out of or otherwise relating to this site, however caused, even if TSS has been advised of the possibility or likelihood of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, TSS liability shall be limited to the greatest extent permitted by law.

 

  1. USER SUBMISSIONS


The personal information you submit to this Site is governed by the Privacy Policy of TSS . To the extent there is an inconsistency between this Agreement and the Privacy Policy of TSS , this Agreement shall govern.


TSS collects personal information that you choose to share with us. The information may include your name, address, email address, telephone number, height and weight.

 

  1. PRIVACY POLICY


The Privacy Policy of TSS, as it may change from time to time, is incorporated as a part of this Agreement. Additional privacy policy details can been seen here: OnTargetNutrition.com Privacy Page

 

  1. PASSWORDS


OnTarget Nutrition has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your OnTarget Nutrition passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your OnTarget Nutrition account and password; (3) promptly inform TSS and OnTarget Nutrition of any need to deactivate a password. You grant TSS and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. TSS cannot and does not assume any responsibility or liability for any information you submit, or your or third partiesÕ use or misuse of information transmitted or received using OnTarget Nutrition tools and services.

 

  1. PROPRIETARY RIGHTS


All Content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyrights, trademarks, patent or other proprietary (including but not limited to intellectual property) rights. TSS authorizes you to view or download the Content solely for your personal, noncommercial use if you include the following copyright notice: Ò©TSS 2010, All Rights ReservedÓ and other copyright and proprietary rights notices that are contained in the Content. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited without prior written permission from TSS. You do not acquire ownership rights to any Content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

 

  1. USER CONTENT


Any user-generated exchanges of information, including any content that you exchange, share, send or otherwise make available through this Site (ÒUser ContentÓ) is your responsibility and TSS assumes no liability or responsibility for such User Content. As the user of this Site, you acknowledge that any community-oriented functionality of this Site is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public. TSS does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of this Site.


In addition, TSS does not control the User Content posted via this Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will TSS be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via this Site.


TSS expressly states and you acknowledge and understand that this Site is not accepting any responsibility for monitoring or policing the exchange of User Content. However, as the provider of this Site, TSS reserves the right to monitor, delete, edit, view, store, forward, and use any and all information and content provided.

 

You agree not to use this Site to:

 

    1. submit materials that are protected by copyright, patent or any other proprietary rights unless you are the owners of such material or have license or permission from the owner of any such proprietary rights to provide the material;
    2. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defaming, vulgar, obscene, libelous, invasive of anotherÕs privacy or otherwise objectionable;
    3. harm minors in any way;
    4. impersonate any person or entity;
    5. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    6. upload, post, email, transmit or otherwise make available any material that contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    7. upload, post, email, transmit or otherwise make available any material that contains any unsolicited or unauthorized advertising or promotional materials.


You acknowledge that TSS does not pre-screen User Content, but that TSS shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available via this Site. TSS shall have the right to remove any User Content that violates the terms of use or is otherwise objectionable.

 

  1. TRADEMARKS/SERVICE MARKS


Product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.

 

  1. NONTRANSFERABLE


Your right to use the Site is not transferable. Any password or right given to you to obtain information or purchase products or services is not transferable.

 

  1. LINKS TO OTHER SITES


TSS may provide links to third-party websites. TSS is not responsible for the content of linked third-party sites and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

 

  1. INDEMNITY


You agree to defend, indemnify, and hold TSS, its affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your User Content.

 

  1. JURISDICTION


You expressly agree that exclusive jurisdiction for any dispute with TSS, or in any way relating to your use of this Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving TSS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

 

  1. MISCELLANEOUS


If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

 

  1. CONTACT INFORMATION


If you have any questions or comments about this Site, please contact us at support@OnTargetNutrition.com.


Jan 2009