We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1. Disclaimer of Warranties
THE WEBSITE IS PROVIDED BY FELISCITY NUTRITION, INC. A TEXAS CORPORATION (THE “COMPANY”, “WE” OR “US”) ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN ANY SUCH JURISDICTIONS.
IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS DEPICTED OR LISTED ON THE WEBSITE, AND THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO SUCH PRODUCTS TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW.
2. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO THE USE OF OUR WEBSITE OR RGW PRODUCTS DEPICTED OR LISTED ON OUR WEBSITE, AND IN PARTICULAR, WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO SUCH PRODUCTS, THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN ANY SUCH JURISDICTIONS. [_]
USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S USE OF THE WEBSITE, THE VIOLATION OF THIS AGREEMENT, OR INFRINGEMENT BY USER OF ANY INTELLECTUAL PROPERTY OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY.
4. Modifications and Interruption to the Website
The Company reserves the right to modify or discontinue the Website with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Website. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
6. Disclaimer Regarding Accuracy of Product Information
The Company makes no warranties or representations herein whatsoever with regard to any product described on the Website.
7. Monitoring, Tracking, and Recording
Your use of the Website may be monitored, tracked, and recorded. By using the Website, you expressly consent to such monitoring, tracking and recording. You agree that we may use data generated from such monitoring, tracking and recording for statistical analysis of access and use trends, for the purpose of making improvements to the Website, and similar purposes, and may disclose such data in aggregate form as long as it does not identify you individually. Our vendors and professional service providers may also have access to such data solely for the purpose of providing services to the Company and in line with their ordinary course of business.
8. International Users
If you use the Website from a location outside of the United States, your connection will be through and to servers located in the United States and any information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of such information to the United States and its storage and use as specified above when you provide such information.
9. Governing Jurisdiction of the Courts
The Website is operated and provided in the State of Texas, United States of America. As such, we are subject to the laws of the State of Texas, and such laws will govern this Agreement, without giving effect to any choice of law rules. Accordingly, if you choose to access our Website, you agree to do so subject to the internal laws of the State of Texas. We make no representation that our Website or other services are appropriate, legal or available for use in other locations.
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2019 ersportsdrink.com, with all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company. User may not resell use of, or access to, or link the Website to any third party, without prior written consent of the Company.
Enhanced Recovery™ and ersportsdrink.com™ are proprietary marks of the Company. The Company’s trademarks or logos may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
All other trademarks displayed on the Website and not owned by the Company are the trademarks of their respective Vendors, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Company.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ersportsdrink.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
550 Post Oak Blvd. Suite 450, Houston, TX 77027
By Telephone: 713-681-6798
By Email: [email protected]
The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
14. Other Terms