CONDITIONS OF USE

This document sets forth the specific terms and conditions regarding your use of our Internet sites ("Site" or "Sites"). Your use of this site is your agreement to be bound by our Conditions of Use, Terms, and Privacy Policy (collectively, "Notices and Policies") as well as other terms and conditions that may appear throughout our Sites.
References to "iNutrition" in this document mean iNutrition Inc., its affiliates, subsidiaries, divisions, operational designees, and community sites.
iNutrition reserves for itself the right to make changes to this Site and its Notices and Policies at any time. As a result, each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. iNutrition is not responsible for typographical or photographic errors on this Site.
**If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site.**

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. iNutrition AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, "THIRD PARTIES"), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER iNutrition NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER iNutrition NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. iNutrition AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY iNutrition OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.

LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL iNutrition OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF iNutrition HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL iNutrition BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).

The Sites are intended for users of all ages. iNutrition does not have the capability to prohibit minors from visiting our Sites. It must, therefore, rely on parents and legal guardians (who must be at least 18 years of age at time of use) to decide what materials are appropriate for children under 18. iNutrition will not knowingly collect personal information from children without the permission of their parents or legal guardians and will delete such information if it learns it is from children who have not received such permission, but absent intervention by a responsible adult, it has no way of knowing whether the information was provided by an appropriate party or not. Please see our Privacy Policy for more information.

LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
From time-to-time, iNutrition may offer articles, information, and advice through the Sites to those seeking nutritional information for educational purposes only. NO information offered through the Sites is intended to diagnose, treat, or cure anyone, and is not a substitute for medical care provided by a doctor. For any medical or health related advice concerning the care and treatment for yourself or someone within your care, please visit you local doctor or hospital hospital.

ERRORS ON SITE
Information set forth on the Sites is subject to change without notice. Errors will be corrected as soon as feasible after discovery or confirmation of an error and iNutrition reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an transaction has been submitted, whether or not the transaction has been confirmed and/or, if applicable, your credit/debit card has been charged. If your credit/debit card has already been charged for a transaction and your transaction is cancelled, iNutrition will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.

INDEMNITY
You agree to indemnify and hold iNutrition and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.

DISPUTES The Sites are operated by iNutrition, with offices in the United States of America, among other places. If there is any dispute regarding these Sites, by using the Sites, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to subject yourself to personal jurisdiction and venue in the state and federal courts of the State of California, Los Angeles County.

TERMINATION OF SITE USE iNutrition, in its sole discretion, may terminate your membership registration, or similar uses of the Sites at anytime. iNutrition reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. iNutrition may provide notice of termination by regular mail or email.

PURCHASE MADE ON THIS SITE; CONTENT AND SUBMISSIONS
iNutrition offers products for sale on its websites. By using the Sites, you agree that any information (except for transaction information) you send to iNutrition to contribute to this Site, or that you submit, post or display on our Site, is not confidential, including data, text, photos, videos, stories, articles, names (first and/or last, fiction or non-fiction), and other information, suggestions, ideas, comments or links you send to iNutrition or any other third party using this Site ("Material"). By submitting any solicited or unsolicited Material using this Site, you grant iNutrition an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute the Material for any purpose whatsoever to the extent permitted by law.
By submitting Material to the iNutrition Community and similar service Sites, you agree that you are the sole owner and copyright holder of photos, videos, stories, and information you submit; that these items do not infringe any intellectual property rights of any individual or entity, including the photographer who took the photos and/or videos you have submitted; and that these items do not contain any material that otherwise violates any criminal prohibition. You grant to iNutrition, its employees, agents, personnel, assignees, licensees, successors in interest, and legal representatives, an irrevocable and perpetual and royalty free right to use your photos, videos, stories, and information and name (first name and/or last name or any fictional name you provided with your submission) or likeness, in all forms and in all media and in all manners, without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes.
The Material you submit may be altered for the purposes of proper publication by iNutrition. You waive any claims you may have based on any usage of your photos, videos, stories, and information and release iNutrition from any and all liability related to distribution, publication, and dissemination of these items, including publication on the Internet. You waive all moral or integrity rights with respect to the photos and/or videos you have submitted to iNutrition.
You acknowledge that iNutrition is relying upon and would not use the Material you submit in the absence of these terms. iNutrition is not liable or responsible for any content provided by users at iNutrition's websites and will not sell the rights in your photos, videos, stories, or information to any third party.
We may, at our sole discretion, remove Material that we determine are unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or our Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
iNutrition is not liable or responsible for any content provided by its users or other third parties for use on this Site. Contributions to this Site by third parties do not necessarily represent the view or opinions of iNutrition. iNutrition may not preview user content before it appears on this Site. Users can be held liable for any illegal or prohibited user content they provide to this Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on this Site, please promptly notify us at info@inutrition.com so that we may investigate and take appropriate action.

ADDITIONAL TERMS GOVERNING YOUR USE OF OUR COMMUNITY AND SIMILAR INTERACTIVE SERVICES SITES
Eligibility and Registration
By registering with iNutrition and similar service Sites, you agree that you are at least 18 years of age at time of registration; that you are responsible for all activities occurring under your username and for keeping your password secure; and that your use of our Site does not violate our Notices and Policies. Persons under 18 years of age are prohibited from registering without prior permission from their parent or legal guardian. Their registration information shall be removed upon iNutrition’s notification that such permission was not obtained. As part of the registration process, you must click to agree to our Notices and Policies, and will then be asked to select a username and password. You acknowledge that we may refuse to grant you a username that impersonates someone else, is or may be protected by proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
You further agree that our Community and similar service Sites are available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post, and display on our Sites. You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party's trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy. See our Privacy Policy for more details.

Opting In:
If an opt-in checkbox appears on a form linking to The Site, you will not be contacted by us unless that checkbox is checked, or unless required for verification of the functioning of the system. Otherwise, by your access and use of The Site, you expressly agree and consent to be the recipient of periodic communications related to The Site or for any other reasonable purpose, at our sole discretion. You are not required to affirmatively opt-in, but if you do so you may have access to certain additional special features of The Site. If you receive more communications pursuant to this section than you would like, or would otherwise wish to impede the transmission of any such messages, you may affirmatively opt-out using the "Unsubscribe" link at the top of our main home page. Anyone who verifies an opt-out request will be precluded from any further use of The Site, unless they affirmatively opt-in from the adjacent "Opt-In" link there.
Upon receipt of an opt-out request we may act on that directly, or else send you a verifying email to confirm that you are the authorized person who controls that email address. Once verified, we will endeavor in good faith to extract and delete your name and email address from any list we maintain or submitted by another user of The Site. We do not warrant that we will be successful in preventing the transmission of any messages to any person after they have opted-out.

Use of Emails:
You are hereby advised and put on express notice that any input in the form of individual email addresses, lists of email addresses, or raw text, may be transmitted immediately to the iNutrition for parsing and database storage, whether the form containing those input elements is finally submitted by you or not. In particular we disclose that this is universally the case with respect to files, which you select by a browsing function or as to any list over a certain size, and you agree that we have full authority and your consent to do this. We will endeavor to maintain an opt-out list in reasonable good faith and to use this list together with any other list at our sole discretion to attempt to remove email addresses from those you may so provide to (1) prevent transmission of messages to parties not interested or permitted by us to receive such transmissions, or (2) to prevent the transmission of multiple messages on the same topic or question to any party who we may believe has already received notification of the same. You warrant and represent that any email addresses you input or submit under this section do not contain, to the best of your good faith knowledge, the email addresses of anyone who would object for any reason to the receipt of messages through The Web Site, either one time or on a regular basis, and expressly grant, delegate and extend to us whatever authority or consent you have from them to send emails to any such email address for any purpose.

Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to let us know. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement.
Send us written notice by fax or regular mail. To expedite our process, please use the following format:

1. Describe the material you believe has been infringed. For example, "The copyrighted work of concern is the item at ___ " (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information;
2. Describe the material that you claim is infringing the work you identified in #1 above. Details are important;
3. Tell us how to contact you (include email address);
4. Tell us how to contact the user(s) who posted the material you believe infringes your work (include email address);
5. State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed";
6. Be sure to sign your written notice to us;
7. Mail your written notice to iNutrition Inc., Attention: Online Customer Relations, iNutrition, 109 North Post Oak Lane, Suite 422, Houston, TX 77024 ; and
8. If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.

To file a counter notification with us, send us written notice by fax or regular mail. To expedite our process, please use the following format:

1. Identify the material that iNutrition has removed or disabled. Include the specific Internet address or URL;
2. Tell us how to contact you. Include your name, address, telephone number, email address. State that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Arizona if your address is outside of the United States), and that you will accept service of process from the person who provided notification to iNutrition of the infringement or an agent of such person;
3. State the following: "I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge and that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
4. Be sure to sign your written notice to us; and
5. Mail your written notice to iNutrition Inc., Attention: Customer Service at the address set forth in these terms and conditions.

CONTACT US
If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us by:
1. E-mail: info@iNutrition.com
2. Main Mailing Address:
iNutrition International
109 North Post Oak Lane, Suite 422
Houston, TX 77024
3. Phone 1-888-854-3600

CHANGES/UPDATES TO NOTICES AND POLICIES
Because our Sites will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Sites for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in transaction to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and iNutrition as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard.