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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
THIS WEB SITE. YOUR USE OF THIS WEB SITE IN ANYWAY CONFIRMS YOUR UNCONDITIONAL
ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications. All features,
content, specifications, products and prices of products and services described
or depicted on this Web site, www.fuel-4-life.com (this "Web Site"),
are subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience purposes
only. Fuel 4 Life, Inc., which operates this Web Site, will make all reasonable
efforts to accurately display the attributes of products, including the
applicable colors; however, the actual color you see will depend on your
computer system, and we cannot guarantee that your computer will accurately
display such colors. The inclusion of any products or services on this Web Site
at a particular time does not imply or warrant that these products or services
will be available at any time. It is your responsibility to ascertain and obey
all applicable local, state, federal and international laws (including minimum
age requirements) in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order, you represent that the
products ordered will be used only in a lawful manner. All videocassettes, DVDs
and similar products sold are for private, home use (where no admission fee is
charged), non-public performance and may not be duplicated.
2. Shipping Limitations. When an order is placed, it will be
shipping to an address designated by the purchaser as long as that shipping
address is compliant with the shipping restrictions contained on this Web Site.
All purchases from this Web Site are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased from this Web Site pass to
you upon delivery of the items to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that
information on this Web Site is complete, accurate and current. Despite our
efforts, the information on this Web Site may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness,
accuracy or currentness of any information on this Web Site. For example,
products included on this Web Site may be unavailable, may have different
attributes than those listed, or may actually carry a different price than that
stated on this Web Site. In addition, we may make changes in information about
price and availability without notice. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any customer. We
also may require verification of information prior to the acceptance and/or
shipment of any order.
4. Use of this Web Site. The design of this Web Site and all
text, graphics, information, content, and other material displayed on or that
can be downloaded from this Web Site are protected by copyright, trademark and
other laws and may not be used except as permitted in these Terms and
Conditions or with prior written permission of the owner of such material. The
software and other technology components of this Web Site are © 2007, Infomart
2000 Inc. or its affiliates and suppliers. The contents of this Web Site are ©
2008, Fuel 4 Life Inc., Infomart 2000, Inc. or their respective affiliates and
suppliers. All rights reserved. You may not modify the information or materials
displayed on or that can be downloaded from this Web Site in any way or
reproduce or publicly display, perform, or distribute or otherwise use any such
information or materials for any public or commercial purpose. Any unauthorized
use of any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
5. Trademarks. Certain trademarks, trade names, service
marks and logos used or displayed on this Web Site are registered and
unregistered trademarks, trade names and service marks of Fuel 4 Life and its
affiliates. Other trademarks, trade names and service marks used or displayed
on this Web Site are the registered and unregistered trademarks, trade names
and service marks of their respective owners, including Infomart 2000 and its
affiliates. Nothing contained on this Web Site grants or should be construed as
granting, by implication or otherwise, any license or right to use any trademarks,
trade names, service marks or logos displayed on this Web Site without the
written permission of Fuel 4 Life, Infomart 2000 or such other owner.
6. Linking to this Web Site. Creating or maintaining any
link from another Web site to any page on this Web Site without our prior
written permission is prohibited. Running or displaying this Web Site or any
information or material displayed on this Web Site in frames or through similar
means on another Web site without our prior written permission is prohibited. Any
permitted links to this Web Site must comply will all applicable laws, rule and
regulations.
7. Third Party Links. From time to time, this Web Site may
contain links to Web sites that are not owned, operated or controlled by Fuel 4
Life, Infomart 2000 or their respective affiliates. All such links are provided
solely as a convenience to you. If you use these links, you will leave this Web
Site. Neither we nor any of our respective affiliates are responsible for any
content, materials or other information located on or accessible from any other
Web site. Neither we nor any of our respective affiliates endorse, guarantee,
or make any representations or warranties regarding any other Web sites, or any
content, materials or other information located or accessible from any other
Web sites, or the results that you may obtain from using any other Web sites.
If you decide to access any other Web sites linked to or from this Web Site,
you do so entirely at your own risk.
8. Inappropriate Material. You are prohibited from posting
or transmitting any unlawful, threatening, defamatory, libelous, obscene,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. In addition to any remedies that
we may have at law or in equity, if we determine, in our sole discretion, that
you have violated or are likely to violate the foregoing prohibitions, we may
take any action we deem necessary to cure or prevent the violation, including
without limitation, the immediate removal of the related materials from this
Web Site. We will fully cooperate with any law enforcement authorities or court
order or subpoena requesting or directing us to disclose the identity of anyone
posting such materials.
9. User Information Other than personally identifiable
information, which is subject to this Web Site's Privacy Statement, any
material, information, suggestions, ideas, concepts, know-how, techniques,
questions, comments or other communication you transmit or post to this Web
Site in any manner ("User Communications") is and will be considered
non-confidential and non-proprietary. We and our respective affiliates and our
or their designees may use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial purposes.
We may, but are not obligated to, monitor or review any User Communications. We
will have no obligation to use, return, review, or respond to any User
Communications. We will have no liability related to the content of any such
User Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. We retain the right to remove any or all User
Communications that includes any material we deem inappropriate or
unacceptable.
10. DISCLAIMERS YOUR USE OF THIS SITE IS AT YOUR RISK. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Fuel 4 Life, Infomart 2000,
NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF
THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE
MAY BE OUT OF DATE, AND NEITHER Fuel 4 Life, Infomart 2000, NOR ANY OF THEIR
RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS
FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH
THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO
THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO
THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL
TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY Neither Fuel 4 Life nor
Infomart 2000 assumes any responsibility, or will be liable, for any damages
to, or any viruses that may infect, your computer, telecommunication equipment,
or other property caused by or arising from your access to, use of, or browsing
this Web Site, or your downloading of any information or materials from this
Web Site. IN NO EVENT WILL Fuel 4 Life OR Infomart 2000, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB
SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB
SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY,
IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN
ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN
AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND
REFUNDS POLICIES POSTED ON THIS WEB SITE.
12. Revisions to these Terms and Conditions These Terms and
Conditions may be revised at any time and from time to time by updating this
posting. You should visit this page from time to time to review the then
current Terms and Conditions because they are binding on you. Certain
provisions of these Terms and Conditions may be superseded by legal notices or
terms located on particular pages of this Web Site.
13. Choice of Law; Jurisdiction These Terms and Conditions
supersede any other agreement between you and Fuel 4 Life or Infomart 2000 to
the extent necessary to resolve any inconsistency or ambiguity between them.
These Terms and Conditions will be governed by and construed in accordance with
the laws of the State of Nevada, without giving effect to any principles of
conflicts of laws. Any action seeking legal or equitable relief arising out of
or relating to this Web Site will be brought only in the federal or state
courts of the State of Nevada. A printed version of these Terms and Conditions
will be admissible in judicial and administrative proceedings based upon or
relating to these Terms and Conditions to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
14. Termination You or we may suspend or terminate your
account or your use of this Web Site at any time, for any reason or for no
reason. You are personally liable for any orders placed or charges incurred
through your account prior to termination. We reserve the right to change,
suspend, or discontinue all or any aspect of this Web Site at any time without
notice.
15. Health Related Information The information contained in
the Web Site is provided for informational purposes only and is not meant to
substitute for the advice provided by your doctor or other health care
professional. You should not use the information available on or through the
Web Site (including, but not limited to, information that may be provided on
the Web Site by healthcare or nutrition professionals employed by or
contracting with Fuel 4 Life) 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. All information or claims regarding any product on this site is the view of the manufacturer and not Fuel 4 Life, Inc. any issues arising related to the use of any product for sale on this site is the responsibility of the user and the manufacturer. Fuel 4 Life, Inc., shall not bear any responsibility for problems arising due to the use of any product for sale on this site. You
should read carefully all product packaging prior to use and consult with a registered health car professional, to see if the product is safe for you.
16. Indemnity You agree to indemnify and hold Fuel 4 Life
and our 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 Web Site, your connection to our
Web Site, your violation of these Terms and Conditions, or your violation of
any rights of another party. This indemnity survives termination of these Terms
and Conditions.
17. Domestic Use; Export Restriction We control the Web Site
from our offices within the United States of America. We make no representation
that the Web Site or its content (including, without limitation, any products
or services available on or through the Web Site) is appropriate or available
for use in other locations. Users who access the Web Site 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 Web Site may be
downloaded in violation of United States law.
18. General Our failure to exercise or enforce any right or
provision of these Terms and Conditions shall not constitute a waiver of such
right or provision by us. If any provision of these Terms and Conditions 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 and Conditions remain in full force and effect. You 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 Web Site or our Terms and Conditions must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
19. Additional
Assistance If you do not understand any of the foregoing Terms and
Conditions or if you have any questions or comments, we invite you to contact
us through e-mail at customerservice@fuel-4-life.com.
These Terms and Conditions were last updated on December 29, 2008.
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