Terms of Use

Introduction

Iovate Health Sciences International Inc. (“Iovate”) works hard to ensure that you have a great place(s) to research diet and sport supplements and the lifestyles related to each. Iovate is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel comfortable knowing that Iovate recognizes and supports the rights of responsible users.

The website Muscletech.com (the, “Site”) is owned and operated by Iovate, and is intended for your personal, non-commercial use and informational purposes only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a healthcare professional. While the Site offers information about Muscletech® products (the “Product”), consumers should always read the label before taking any Product and should consult a physician before starting any diet or exercise program.

The material contained within the Site (the “Material”) is directed towards residents of the United States of America.  If you proceed to access this Site as a non-resident, you do so at your own risk, as all use is subject to and shall be construed and evaluated according to United States law.

The Material is void outside the United States of America, and where prohibited by law or regulation.

ACCEPTANCE OF TERMS OF USE

By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy . If you do not agree to these Terms of Use and the Privacy Policy, please do not use our services or visit our Site. These Terms of Use constitute the entire agreement between Iovate and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, Products, or services provided by or through the Site, and the subject matter of these Terms of Use.


CHANGES TO THE TERMS OF USE

IIovate reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Use and Privacy Policy as they exist at that time.

INTELLECTUAL PROPERTY

The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, Product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Iovate.

GENERATED IMAGE

The user acknowledges that Iovate collects and stores the “Generated Image”, defined as the digital image file in .jpg or .png formats compiled from the selected or uploaded background digital image and the field values entered into the Site for the What Are You Made Of? web application. By clicking the “Generate” button on the Site, the user permits Iovate to store this data and to use any information provided solely in accordance with its Privacy Policy.


The Generated Image is stored on Iovate’s servers to allow the user to share the Generated Image electronically through third-party platforms such as Facebook®, Twitter®, and other interactive computer-mediated technologies that facilitate the creation or sharing of information, including digital images, as electronic sharing requires a fixed Uniform Resource Locator, colloquially termed a web address and defined as a reference to a web resource that specifies its location on a computer network and a mechanism for retrieving itdefined as a reference to a web resource that specifies its location on a computer network and a mechanism for retrieving it.

The What Are you Made of? web application is in no way sponsored, endorsed, administered by or associated with any third party, and Iovate will not, nor will it permit any third party to, access or otherwise use the Generated Image without the user’s consent. Iovate has no control over how the Generated Image is used by the user or any third party who accesses or uses the Generate Image based on the user’s dissemination of the Generated Image (e.g., where the Generate Image has been posted on social media).

The Generated Image may be stored on Iovate’s servers for the duration of the What Are You Made Of? advertising campaign or for an indefinite period. The user may request in writing, whether by mail or email, to have the Generated Image removed and purged from Iovate’s servers, upon receipt of which, Iovate will purge the Generated Image data from its servers. To make such requests, the user may contact Iovate:

By Email at: privacy@iovate.com

By Mail to: Iovate Health Sciences International Inc.
Legal Department
Attention: Data Privacy & Security Officer
381 North Service Road West
Oakville, ON L6M 0H4 Canada

By Telephone to: 905-678-3119
1-888-334-4448 (North America only)

Iovate provides the user of the Generated Image a limited, non-exclusive, revocable license to use the MuscleTech® trademark in the form of the logo automatically applied when the Generated Image is created by the user who participates in the What Are You Made of? campaign.  The user will be solely responsible for all content it provides for such Generated Image, and such content shall not be offensive to the general public, inconsistent with or detrimental to the positive image of Iovate and its Products, or otherwise in violation of applicable law.

COPYRIGHT

The copyright in all Materials provided on the Site is owned by Iovate or its affiliate(s). Subject to the following exception, none of the Materials contained on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means (unless otherwise permitted in writing by Iovate) including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Iovate. Site visitors may only view, copy, print and download the Materials on the Site for personal, non-commercial use only, provided such Materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Iovate may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any Material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of Iovate or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner (unless otherwise permitted in writing by Iovate). No Trademark may be used in any way, including in any advertising or publicity pertaining to distribution of Materials on the Site, without the prior written consent of Iovate. Iovate prohibits use of its name or any logo and Trademarks as a “hot” link to any non-Iovate Site, unless establishment of such link is approved in advance by Iovate in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of Iovate’s rights in such Material. Iovate will aggressively enforce its intellectual property rights to the fullest extent of the law.

LIMITED RIGHT TO USE

The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

SITE USER CONDUCT

You must be 18 years of age or older to access our Site. As a user of the Site, you agree that in connection with your use of the Site and the content you will not:

  1. Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
  3. Use the Site for any unlawful purpose;
  4. Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, — proprietary  and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  5. Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
  6. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. Upload, post, email, or otherwise transmit 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;
  8. Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;
  9. Intentionally or unintentionally violate any applicable local, state, national, or international law.

TERMINATION

Iovate reserves the right to terminate your access to the Site or any of its services if it determines that you do not complyIovate reserves the right to terminate your access to the Site or any of its services if it determines that you (i) do not comply with these Terms of Use; (ii) provide false, inaccurate, or incomplete information during our registration process; (ii) engage in any conduct that would otherwise harm any of Iovate’s rights or interests in its Site, services, or other property; or (iv) for any other reason in Iovate’s discretion without prior notice to you. Upon termination, you must cease use of the Iovate Site and destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

USER SUBMISSIONS

All information submitted to Iovate or any of its affiliates by way of submission through the Site or by way of email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal.

Iovate or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may provide without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other websites. Furthermore, by posting any information on our Site, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated herein.

DISCLAIMER OF WARRANTY

THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY IOVATE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY IOVATE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IOVATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IOVATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF IOVATE OR ANY IOVATE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LINKS

The Site may provide links to other World Wide Web sites or resources. Iovate has not reviewed these sites and is nThe Site may provide links to other World Wide Web sites or resources. Iovate has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Iovate Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Iovate Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Iovate with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Iovate nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to https://www.Muscletech.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Iovate.

You agree to defend, indemnify, and hold harmless Iovate, its officers, directors, employees, and agents, from and  against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from (i) your use of the Site, (ii) your breach of these Terms of Use, or (iii) your infringement of any intellectual property or privacy right of any person. Iovate shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

CHOICE OF LAW

You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning Iovate shall be governed by the laws of the United States and the State of New York. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the Southern District of New York. If any provision of the Terms of Use and Privacy Policy 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 the Terms of Use and Privacy Policy, which shall remain in full force and effect.

By using the Site, you agree to comply with all applicable laws and regulations of the United States. The Material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Iovate makes no representation that Materials contained in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Site are: © Iovate Health Sciences International Inc. MuscleTech® is a trademark of Iovate Health Sciences International Inc. All rights reserved.

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