www.exploresupplements.com Terms of Service
Welcome to Explore Supplements (“Explore Supplements,” “www.exploresupplements.com” or the “Site”). The Site is operated by Market America, Inc. (“MA” “we” “us” or “our”) and is hosted in the United States.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
- Binding Effect / Users. These Terms of Service (“Terms”) set forth the legally binding terms for your Use of the Site. “Use” of or “Using” the Site includes browsing, using or accessing all or any part of the Site. Your Use of the Site signifies that you have read, understand and agree to be bound by these Terms. You are only authorized to Use the Site (regardless of whether your Use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue Use of the Site immediately.
- Other Policies / Terms. All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms.
- Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on this page. Each such modification shall be effective upon posting. Your continued Use of the Site after MA posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
- Eligibility. By Using the Site, you represent and warrant that (a) you are 18 years of age or older; and (b) your Use of the Site does not violate any applicable law, rule or regulation.
- Term. These Terms, including all posted modifications to these Terms, shall remain in full force and effect as long as you are a User of the Site.
- Sharing. You may share certain information contained on the Site through social networking, blogs, e-mail and other online services. Such shared information is subject to the disclaimers and other terms, conditions and restrictions provided in these Terms.
- Proprietary Rights to Site Content.
7.1. Rights to Site Content. All content available on the Site, including without limitation, designs, text, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content“) are the proprietary property of MA or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without MA’s prior written permission.
7.2. Copyright/Patent. All Site design, text, graphics, logos, button icons, images, photos, audio clips, video clips, MA Marks (as defined below) digital downloads and data compilations are owned solely and exclusively by MA or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, “look and feel” and color schemes of all content on the Site are the exclusive property of MA and protected by U.S. and international copyright laws. All software used on the Site is the property of MA or its software suppliers and protected by United States and international copyright or patent laws. The contents of the Site are Copyright © 2011 Market America, Inc. ALL RIGHTS RESERVED.
7.3. Trademarks. “Market America,” “ma,” the Market America logo, “Explore Supplements,” “www.exploresupplements.com,” “Nutraceutical Science Review™,” “Built on Product, Powered by People®,” all MA product and service names and logos, and all other MA graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by MA are service marks, trade names, trademarks and/or trade dress of MA or its US or international affiliates (collectively “MA’s Marks”). MA’s Marks may not be used in connection with any product or service that is not offered by MA; nor may they be used in any manner that is likely, in the opinion of MA, to cause confusion or to disparage or discredit MA. All trademarks not owned by MA that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MA.
- Protecting Copyrights and Other Intellectual Property. MA respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MA’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MA that your copyrighted material has been infringed:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
MA’s Agent for Notice of copyright infringement can be reached as follows:
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409.
By e-mail: email@example.com.
10.1. Users. MA is not responsible or liable, and makes no warranties, express or implied, for the conduct of any User of the Site.
10.2. Third Party Web Sites. The Site may contain links to third party Web sites. MA is not responsible or liable for the content, completeness, accuracy or opinions expressed on such Web sites. Inclusion of any linked Web site on the Site does not imply MA’s approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party Web sites, you do so at your own risk.
10.3. Third Party Advertisements / Applications. MA is not responsible or liable for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
10.4. Availability of the Site. The Site or any portion thereof may be unavailable from time to time for maintenance or other reasons. MA assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. MA is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to User’s or to any other person’s computer, mobile phone or other equipment related to or resulting from Use of the Site. Under no circumstances shall MA be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s Use of the Site, or from the conduct of any User(s) of the Site.
10.5. DISCLAIMER OF WARRANTIES. THE SITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND AS AVAILABLE AND MA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. MA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE, SHARING AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- Limitation on Liability. IN NO EVENT SHALL MA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SITE CONTENT EVEN IF MA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MA WILL HAVE NO LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, RELATING TO YOUR USE OF THE SITE. YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MA, REGARDLESS OF THE CAUSE OF ACTION.
- U.S. Export Controls. Software available in connection with the Site (the “Software“) is subject to United States export controls. You may not download from the Site or otherwise exported or re-exported the Software in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions and any and all actions or proceedings arising out of or relating to these Terms or the Site, shall be instituted and litigated in Greensboro, Guilford County, North Carolina. You and MA hereby agree to submit to the exclusive jurisdiction of the courts located within Greensboro, Guilford County, North Carolina to resolve any dispute arising out of these Terms or the Site. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
- Indemnity. You agree to indemnify and hold harmless MA its parents, subsidiaries, affiliates, and their respective representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) your Use of the Site; c) your breach or violation of these Terms; and/or d) your breach of the representations and warranties set forth in these Terms.
- Other. These Terms are accepted upon your Use of the Site. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and MA regarding the Use of the Site. The failure of MA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions about these Terms.
I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.