Terms & Conditions
Effective Date: 01/14/16
These Terms and Conditions of Use (“Terms”) are a legal agreement between you and Ultimate Wellness Systems, Inc. DBA Prograde Nutrition (“we”), a Florida corporation with its offices located at 3959 Van Dyke Rd., #98, Lutz, FL 33558. Use of this site represents your agreement to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEB SITE (“SITE”), AND YOU SHOULD NOT PLACE AN ORDER FROM OR OTHERWISE INTERACT WITH THIS SITE.
By accessing or using this Site, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a registration or order form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.
All content of this Internet site is owned and controlled by Ultimate Wellness Systems, Inc. DBA Prograde Nutrition or its licensors and is protected by worldwide copyright laws. This site is Copyright © 2016 Ultimate Wellness Systems, Inc. DBA Prograde Nutrition and/or its licensors. All rights reserved. The trademarks, service marks, trade names, trade dress and products on this Site are either trademarks or registered trademarks of Ultimate Wellness Systems, Inc. DBA Prograde Nutrition or its licensors, or are otherwise the property of their respective owners. No use of these marks may be made without the prior, written authorization of the owners, except to identify the products or services of the company.
These terms provide you a personal, revocable, limited, non-exclusive, and non-transferable license to use this Site conditioned on your continued compliance with these Terms. You may print and download content from this Site only for your personal use and for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may not otherwise be copied, translated, published, removed, altered, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, private labeled, or otherwise used by you in any way not expressly permitted herein. You expressly acknowledged and agree that Ultimate Wellness Systems, Inc. DBA Prograde Nutrition transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.
This site is provided for personal and informational purposes only. This site is not to be construed as any attempt to either prescribe or practice medicine. Neither is the site to be understood as offering any cure for any type of acute or chronic health problem. You should always consult with a competent, fully licensed medical professional when making any decision regarding your health.
Our products consist of vitamins and nutritional supplements which provide an effective means to improve your health. However, please be advised that the Food and Drug Administration has not evaluated our products or their effectiveness. Our products are not intended to diagnose, treat, cure or prevent any disease.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
The owners of this site will use reasonable efforts to include up-to-date and accurate information on this Internet site, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided or as to the effectiveness of any product sold through this site. The owners of this site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site, or from your reliance upon any information provided on this site, or from your use of any product purchased through this site.
This Internet site may provide links or references to other Web sites but the owners of this site have shall assume no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the use of such sites. Any and all links to other sites are provided as merely a convenience to the users of this Internet site and are not affiliated, connected, or associated in any way to this site.
Sharing Your Content and Information
This Site may contain message boards, comment areas, questionnaires, blogs, and other interactive features where you can share and post information. To the extent this Site contains such features (collectively, “Forums”) and you participate in such Forums, you agree to the following:
1. For any content you provide to our Forums, including, without limitation, statements, descriptions, photos, ideas, graphics, or other depictions, (“User Content”), you automatically grant Ultimate Wellness Systems, Inc. DBA Prograde Nutrition a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, modify, publish, translate, creative derivative works from distribute, transmit, perform, and display any User Content.
2. You represent that you have all necessary rights to provide the User Content to us and post it in a Forum, and you also acknowledge that such postings are non-confidential for all purposes and that we have no control over the extent to which any User Content may be used by any party or person once it is posted or displayed.
Accordingly, notwithstanding the right and license granted to us in these Terms, you understand and agree that we have not become and are not a publisher of such User Content and are merely functioning as an intermediary to enable you to provide and display User Content. Moreover, we assume no responsibility for the deletion of or failure to store any User Content. We recommend that you do not post, display, or transmit any User Content containing confidential, personal, or sensitive information, all of which you post, display, or transmit at your own risk.
3. You may not post, display, or transmit User Content that contains any of the following:
• Content that is unlawful, libelous, defamatory, degrading, sexually explicit, obscene, abusive, violative of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, street addresses, or email addresses.
• Content that encourages criminal conduct or that would give rise to liability or otherwise violate any law or regulation in any jurisdiction.
• Content that does not contain original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and or distribute to other.
• Content that impersonates any other person or entity, whether actual or fictitious.
• Content that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
• Content that is off-topic for a designated Forum.
We always appreciate your feedback or other suggestions about our website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We respect other people’s rights, and expect you to do the same. You agree that we can remove any User Content you post on the website if we believe that it violates these Terms. If we removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
CLASS ACTION WAIVER
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Changes to These Terms
We reserve the right, in our sole discretion, to modify these Terms at any time. If we decide to change these Terms, we will post those changes on our Site and update the “Effective Date” at the top of these Terms. We encourage you to periodically review these Terms. Your continued use of this Site after any changes have been posted constitutes your agreement to the changes.
© 2016 Ultimate Wellness Systems, Inc. DBA Prograde Nutrition All rights reserved.