OUR TERMS OF USE
Thank you for visiting our website. In order to provide you with the best
service possible, we want you to fully understand the terms and conditions set
forth below (our "Terms of Use") by which General Nutrition Corporation
(referred to herein as "GNC", "us" or "we") offers services and information on
or through this website. Please review these Terms of Use carefully.
By using this website (collectively referred to in these Terms of Use as our
"Website") you agree to be bound by the terms set forth herein. We may
make changes to our Website, these Terms of Use, or the policies and conditions
that govern the use of our Website at any time. We encourage you to review our
Website and these terms periodically for any updates or changes. Your continued
access or use of our Website shall be deemed your acceptance of these changes
and the reasonableness of these standards for notice of changes. If you
do not agree and/or no longer agree to be bound by the Terms of Use, you may
not use and must immediately cease your use of the Website.
GNC is located in Pittsburgh, Pennsylvania in the United States. This site is
for U.S. residents who are adults. Access to the site may not be legal in other
countries. You transmit data to our Website subject to U.S. and Pennsylvania
law. Do not transmit data to our Website unless you agree to be bound by U.S.
and Pennsylvania law.
HEALTH-RELATED INFORMATION
The information contained in the Website is provided for informational purposes
only and is not meant to substitute for the advice provided by your doctor or
other health care professional. Always consult with your doctor or other healthcare
professional before starting any new diet, fitness routine, supplement regimen or
other health related program.
You should not use the information available on or through the Website
(including, but not limited to, information that may be provided on the Website
by healthcare or nutrition professionals employed by or contracting with GNC)
for diagnosing or treating a health problem or disease, or prescribing any
medication.
Information and statements regarding dietary supplements have not been evaluated
by the Food and Drug Administration and are not intended to diagnose, treat,
cure, or prevent any disease. You should read carefully all product packaging
prior to use.
USE OF WEBSITE
You agree to use the Website for lawful purposes. You agree not to use the
service for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or that
infringes or may infringe the intellectual property or other rights of another
or that violates any federal, state, or local law. You agree that GNC may in
its sole discretion terminate your access to our Website, without notice, if we
believe you have in any way violated our Terms of Use.
ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
MODIFICATIONS
We reserve the right to modify or discontinue, temporarily or permanently, any
or all of the Website and/or any or all features, products, prices of products,
services or information appearing on or available through any or all of the
Website with or without notice to you. You agree that we shall not be liable to
you or any third party for any modification or discontinuance of such features,
products, prices, services, or information on the Website or the Website
itself.
INDEMNITY
You agree to indemnify and hold GNC and our parents, affiliates (and their
franchisees and licensees), and subsidiaries, officers, directors, employees,
successors and assigns, harmless from any claim, loss or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of our Website, your connection to our Website, your violation of
these Terms of Use, or your violation of any rights of another party. This
indemnity survives termination of these Terms of Use.
SUBMISSION OF INFORMATION OR MATERIALS
You agree to provide true, accurate, current and complete information about
yourself if and when you elect to provide personal information to us. You also
agree to maintain and promptly update any such information to keep it accurate.
You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead. Other than personally identifiable information, which is
addressed under our
Privacy Policy, any and
all comments, suggestions, ideas, graphics, or other information that you
transmit or post to the Website becomes and will remain the property of GNC and
may be used by GNC anywhere, anytime and for any reason whatsoever. Except as
may be provided in the
Privacy Policy, any
information or materials submitted to GNC will be treated as non-confidential
and non-proprietary, and we will not have any obligation to use or evaluate any
information we receive from you. GNC will not have to pay you or anyone else
for using any ideas or other materials that you may transmit to or post on the
Website. You should rely solely on your rights under patent, trademark, and
copyright laws. The receipt or consideration of your information by GNC shall
in no way impair the right of GNC to contest the validity of your patent,
trademark or copyright.
LINKS
Our Website provides links to other websites or resources. These links are for
your convenience only and are not under our control. You acknowledge and agree
that GNC is not responsible for the availability of such external sites or
resources, and does not endorse any such site, its use or contents and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You agree that GNC
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with your use of or
reliance on any such content, goods or services available on such external
sites or resources. In the event you decide to access or use any of these other
websites or resources, you agree you do so at your own risk.
OUR PROPRIETARY RIGHTS
The Website is owned and operated by GNC. The contents of the Website are
©2001-2009
General Nutrition Corporation. All Rights Reserved. You acknowledge and agree
that all content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in advertisements or
information presented to you on our Website is protected by our or other third
parties' copyrights, trademarks, service marks, patents, or other proprietary
rights and laws. GNC authorizes you to view and download materials at the
Website only for your personal, non-commercial use, provided you retain all
copyright and proprietary notices contained in the original materials on any
copies of the materials. You may not modify the materials on the Website in any
way or reproduce or publicly display, perform, distribute, transmit, create
derivative works of, or otherwise use them for any public or commercial
purpose. Any use of these materials on any other website (including without
limitation, displaying this Website or any material displayed on or that can be
downloaded from this Website in frames on another website without GNC's express
written permission) is prohibited.
SALE OF PRODUCTS
You may be provided with the opportunity to purchase products through the
Website and/or from third party websites linked to the Website. Products
purchased through the websites of others (including, but not limited to,
drugstore.com) are subject to the terms and conditions of such other parties
and their websites, and GNC shall have no liability or responsibility therefor.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
GNC AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND
SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. GNC AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED,
THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR
THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES GNC OR ITS AFFILIATES MAKE ANY
WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR
THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF.
GNC MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON
THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR
NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION AND ANY BODILY INJURY. GNC AND ITS AFFILIATES MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GNC OR THROUGH OR
FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT GNC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR
INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF GNC OR ITS AFFILIATES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED
ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE
WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR
SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT GNC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
DOMESTIC USE; EXPORT RESTRICTION
We control the Website from our offices within the United States of America. We
make no representation that the Website or its content (including, without
limitation, any products or services available on or through the Website) are
appropriate or available for use in other locations. Users who access the
Website from outside the United States of America do so on their own initiative
and must bear all responsibility for compliance with local laws, if applicable.
Further, the United States export control laws prohibit the export of certain
technical data and software to certain territories. No content from the Website
may be downloaded in violation of United States law.
APPLICABLE LAW; JURISDICTION
Any claim relating to the Website, our Terms of Use, and the relationship
between you and us shall be governed by the laws of the United States and the
Commonwealth of Pennsylvania without regard to its conflict of law provisions.
You and GNC agree to submit to the personal and exclusive jurisdiction of the
courts located within the Commonwealth of Pennsylvania.
GENERAL
These Terms of Use and our
Privacy Policy constitute
the entire agreement between you and GNC with respect to the Website; provided,
however, that certain provisions of these Terms of Use may be superceded by
expressly designated legal notices or terms which may be located on particular
pages on the Website. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or provision
by us. If any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of our Terms of Use remain in full force
and effect. Your agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website or
our Terms of Use must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
These Terms of Use were last updated on December 2, 2003.
