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Iovate works hard to ensure that you have a great place(s) to research diet and sport supplements and the lifestyles related to each. Iovate is proud of
its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel
comfortable knowing that Iovate recognizes and supports the rights of responsible users.
The website, nitroxy3.com (hereinafter, “Site”) is owned and operated by Iovate Health Sciences Inc. (hereinafter “Iovate”).
This web site is for your personal, non-commercial use only. The Site is not intended to offer any medical
advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site
offers information about NITROXY3, consumers should always read the label before taking the purchased product and should consult a doctor
before starting any diet or exercise program.
The material contained within the Site is intended for residents of the United States of America only and shall only be construed and evaluated
according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation. Do not
proceed to view this Site if you are not a legal resident of the United States of America.
By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of
our Privacy Statement. If you do not agree to these Terms of Use and Privacy Statement, please do not use our
services or visit our Site. These Terms of Use constitute the entire agreement between Iovate and you, and supersedes all prior or contemporaneous
agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the
Site, and the subject matter of these Terms of Use.
Iovate reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and
should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version
of the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the
Site, you signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Use
and Privacy Statement as they exist at that time.
Iovate reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and
should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of
the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the Site, you
signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Use and
Privacy Statement as they exist at that time.
The Site and all of their contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs,
logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and
other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property
of Iovate.
The copyright in all materials provided on the Site is owned by Iovate or its affiliate(s). Subject to the following exception, none of the material
contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means
including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Iovate. Site
visitors may only view, copy, print and download the materials on the Sites for personal, noncommercial use only, provided such materials are used for
informational purposes only, and all copies, or portions thereof, include this copyright notice. Iovate may revoke any of the foregoing rights at any time.
Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material
contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of Iovate
or its affiliate(s) or used under license. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise any license or right
to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Iovate or any of the Trademarks may not be
used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Iovate.
Iovate prohibits use of its name or logo and Trademarks as a “hot” link to any non-Iovate Site, unless establishment of such link is approved
in advance by Iovate in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor
does it waive any of Iovate's rights in such information and materials. Iovate will aggressively enforce its intellectual property rights to the fullest
extent of the law.
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely
by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site,
including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email;
using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal
use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and
injunctive redress.
You must be 18 years of age or older to access our Sites. As a user of the Site, you agree that in connection with your use of the Sites and the
content you will not:
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Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
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Impersonate any person or entity, including, but not limited to, an International Federation of BodyBuilders (IFBB) official, a National
Physique Committee (NPC) official, an International Olympic Committee (IOC) official, a professional sports official, a current or former
professional or amateur athlete, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;
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Use the Site for any unlawful purpose;
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Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or
under non-disclosure agreements);
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Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual
property right of any party;
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| 7. |
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”,
“spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
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| 8. |
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
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Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any
requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are
incorporated herein;
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Intentionally or unintentionally violate any applicable local, state, national, or international law.
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Iovate reserves the right to terminate your access to the Site or any of its services if it determines that you do not comply with these Terms of Use;
provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Iovate's
rights or interests in its Sites, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you
must cease use of the Iovate Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms
of Use or otherwise.
Iovate or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or
techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose
whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or
improving the Sites or other Web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free,
worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the Site is subject to our
Privacy Statement, the terms of which are incorporated herein.
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY IOVATE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE;
ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY IOVATE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IOVATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY)
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF IOVATE OR ANY IOVATE REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Site may provide links to other World Wide Web sites or resources. Iovate has not reviewed these sites and is not responsible for the accuracy, content,
privacy policies or availability of information found on site that link to or from any Iovate Site. We cannot ensure that you will be satisfied with any
products or services that you purchase from a third-party site that links to or from any Iovate Sites or third-party content on our site. We do not endorse
any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party site or
content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Iovate with respect to such sites and third-party
content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with
any of these third parties. Neither Iovate nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not
limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked
to these Sites. No link to the Sites may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics.
All links to the Site must be to nitroxy3.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Iovate.
You agree to defend, indemnify, and hold harmless Iovate, its officers, directors, employees, and agents, from and against any claims, actions, or demands,
including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use.
Iovate shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit,
or proceeding.
You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Use, the Privacy Statement,
or any matter concerning Iovate shall be governed by the laws of the United States and the State of New York. You agree that any such issue or dispute shall be
brought exclusively in the federal or state courts located in the Southern District of New York. If any provision of the Terms of Use and Privacy Statement is
found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the
Terms of Use and Privacy Statement, which shall remain in full force and effect.
By using the Site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Site is protected by law
including, but not limited to, United States copyright and trademark law and international treaties. Iovate makes no representation that materials contained
in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those
who choose to access the Sited from other locations outside the United States do so at their own initiative and are responsible for compliance with
applicable local laws.
All contents of the Site are: © . All rights reserved.
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