TERMS and CONDITIONS AGREEMENT (Updated April 2023)
Welcome to our Web site (the “Web site”). Terry Talks Nutrition (“we,” “us,” or “our”) provides the following Terms and Conditions Agreement (the “Agreement”) to govern your use of the Internet Web site and any Communication Services, (“Communication Services” applies to any form of media or technology now known or hereafter developed) that is owned and operated by Terry Talks Nutrition (“Web site”, “Communication Services” or “Services.”). Please carefully review this entire Agreement before using our Web site and Communication Services. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Services constitutes you have read this agreement and confirms your binding consent to all such terms, conditions, and notices. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SERVICES AND SHOULD DISCONTINUE USE OF ALL SERVICES IMMEDIATELY.
Our Web site and Communication Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use this Web site or our Communication Services.
Accuracy of Information
We attempt to be as accurate as possible when describing the information and products on the Web site and on all Communication Services; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content on the Services is accurate, complete, reliable, current, or error-free.
THE WEB SITE AND COMMUNICATION SERVICES ARE PROVIDED “AS IS”. TERRY TALKS NUTRITION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE WEB SITE OR OTHER CONTENT OR WEB SITES AND OTHER COMMUNICATION SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE TERRY TALKS NUTRITION WEB SITE AND COMMUNICATION SERVICES. TERRY TALKS NUTRITION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TERRY TALKS NUTRITION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPREITARY RIGHTS, WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS OF THE SERVICES, OR ANY PART THEREOF, WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND WARRANTIES RELATING TO THE PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TERRY TALKS NUTRITION OR ANY THIRD PARTY. TERRY TALKS NUTRITION MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEB SITE OR ON ANY OF OUR COMMUNICATION SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATIONS. ANY INFORMATION ON THIS WEB SITE OR ON ANY OF OUR COMMUNICATION SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
THERE IS NO WARRANTY THAT THE WEB SITE OR OUR COMMUNICATION SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE AND OUR COMMUNICATION SERVICES, THAT YOUR USE OF THE WEB SITE AND OUR COMMUNICATION SERVICES IS AT YOUR SOLE RISK.
All content available on the Web site and Communication Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Terry Talks Nutrition, our affiliates, our partners, or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Web site and Communication Services (collectively, the “Trademarks”) are the registered and unregistered marks of Terry Talks Nutrition, our affiliates, our licensors, or our partners, in the United States and other countries, and are protected by United States and international trademark laws.
All other Trademarks not owned by us, our affiliates, our partners, or our licensors that appear on the Web site and Communication Services, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Under applicable copyright and trademark laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any content owned by Terry Talks Nutrition or their respective owners.
No Professional Advice
Modification of This Agreement
Terry Talks Nutrition reserves the right to amend this Agreement at any time without prior notice. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Services after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use our Services.
We are not responsible for the content of any off-Web site pages or any other Web sites, or media linked to or from the Web site or Communication Services. Links appearing on the Web site or Communication Services are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites or media is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-Web site pages or any other Web sites or media linked to or from the Web site or Communication Services, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off Web site pages and other Web sites or media that you visit.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and Terry Talks Nutrition expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of our Services.
Limitation of Liability
In no event will Terry Talks Nutrition or its affiliates or any party involved in creating, producing, or delivering these services, be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use these services or any linked services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In addition, Terry Talks Nutrition or its affiliates are not responsible or liable in any manner for failed, delayed, or misdirected delivery of any information sent through email or all media.
Terry Talks Nutrition reserves the right to alter the content of these services in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Terry Talks Nutrition has been advised of the possibility of such damage.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Terry Talks Nutrition’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Web site and Communication Services, or your breach of the Terms and Conditions Agreement. You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Additionally you agree to defend, indemnify, and hold us harmless for any loss, damages, costs, or third party claims resulting from you providing us with contact information that is not your own.
Terry Talks Nutrition does not warrant that the Services content will be available at any time or from any particular location, will be secure or error-free, or that the Web site content or its Web site and Communication Services are free of viruses or other potentially harmful components. Terry Talks Nutrition may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Services content from time to time without notice to you.
Terry Talks Nutrition is not responsible for any problems or technical issues outside of Terry Talks Nutrition’s reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances is Terry Talks Nutrition responsible for any loss or damage, include personal injury or death, resulting from anyone’s use of Terry Talks Nutrition’s Web site and Communication Services. Terry Talks Nutrition cannot guarantee and does not promise any specific results from use of the Services. Your use of the Services is at your own risk.
The failure of Terry Talks Nutrition to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
By using this Web site or our Communication Services, you represent and warrant the below:
- All information you submit on any of our Services will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update information as necessary
- You have the legal capacity and agree to comply with this agreement
- You are not a minor in the jurisdiction in which you reside
- You will not access the Web site or our Communication Services through automated or non-human means, whether through a bot, script, or otherwise
- You will not use this Web site or our Communication Services for any illegal or unauthorized purposes
- Your use of the Web site and our Communication Services will not violate any applicable law or regulation
You may not access or use this Web site or any of our Communication Services for any purpose other than that for which we make the Services available. The Web site and our Communication Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Use of Communication Services
Communication Services operated by Terry Talks Nutrition may contain chat areas and/or other message or communication facilities, such as links to social media webpages administered by Terry Talks Nutrition, designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using our Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
Terry Talks Nutrition has no obligation to monitor the Communication Services. However, Terry Talks Nutrition reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Terry Talks Nutrition reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. Terry Talks Nutrition reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Terry Talks Nutrition’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Terry Talks Nutrition does not control or endorse the content, messages or information found in any Communication Service and, therefore, Terry Talks Nutrition specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
User Generated Contributions
Terry Talks Nutrition Web site and Communication Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Web sites and/or Communication Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Web sites and the Communication Services and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web site and our Communication Services, and other users of the Web site to use your Contributions in any manner contemplated by this Terms and Conditions Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web site, Communication Services, and this Terms and Conditions Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Web site or the Communication Services in violation of the foregoing violates this Terms and Conditions Agreement and may result in, among other things, termination, or suspension of your rights to use the Web site and the Communication Services.
By posting, uploading, inputting, providing, or submitting your Contributions to any part of the Web site or Communication Services, you automatically grant, and you represent and warrant that you own or have the right to grant, to Terry Talks Nutrition, all affiliates, and necessary sublicensees an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, edit, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This agreement will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web site or on any Communication Services. You are solely responsible for your Contributions to the Web site and Communication Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Web site and Communication Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. No compensation will be paid with respect to the use of your Contributions, as provided herein. Terry Talks Nutrition is under no obligation to post or use any Contribution you may provide and may remove any Contribution at any time in Terry Talks Nutrition’s sole discretion.
Online Promotions: Terms & Conditions
Terry Talks Nutrition, in its sole discretion, reserves the right to suspend or cancel any and all promotional offers or ongoing sale pricing on products offered on our Web site and Communication Services at any time without notice to any consumer.
You and Terry Talks Nutrition agree no joint venture, employment, partnership, or agency relationship exists between you and Terry Talks Nutrition as a result of this agreement or your use of this Web site and Communication Services. The terms set forth in this agreement pertain to your use of Terry Talks Nutrition’s Web site and Communication Services. If you do not agree to these Terms and Conditions, you are not authorized to access or use any of our Services.