Optimum Nutrition EMEA Limited (“Optimum Nutrition”) is registered in Scotland under company number SC 89706 with a registered office at Pinsent Masons LLP 13 Queens Street, Aberdeen, Scotland. AB15 4YL.
1.) Access to Website
The information on this Website is intended to be useful and informative for customers of and investors in Optimum Nutrition. Access to this Website and the use of the information which appears on it (“the Contents”) are governed by the following terms and conditions. These terms and conditions are important and they may affect your rights. Optimum Nutrition may revise the terms and conditions at any time by updating this legal notice. Please take time to read them carefully each time you visit this website.
2.) Links to other sites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Optimum Nutrition has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Optimum Nutrition therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
3.) Links to this site
You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Optimum Nutrition logo;
- you do not create a frame or any other browser or border environment around the Website;
- you do not otherwise use any Optimum Nutrition trade marks displayed on the Website without express written permission from Optimum Nutrition;
- you do not misrepresent your relationship with Optimum Nutrition nor present any other false information about Optimum Nutrition;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Optimum Nutrition expressly reserves the right to revoke the right granted in clause 3 for breach of these terms and to take any action it deems appropriate.
You agree to fully indemnify Optimum Nutrition for any loss or damage suffered by it or any of its group companies for breach of this clause.
4.) Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
5.) Intellectual property rights
The Contents are © Optimum Nutrition. Please note that all images and information contained on this website may be copyright works. Either the copyright and all other rights in all of the material on this website are owned by a member of Optimum Nutrition or the material is included with the permission of the rights of the owner. Except for the making of a hard copy print for your own personal use only or the use of others in your organisation (or downloading the material for your own personal use or the use of others in your organisation only provided that you retain all copyright and proprietary notices), the material on this website may not be copied, reproduced, transmitted, distributed or displayed, by any means, without the express prior written consent of Optimum Nutrition. If you breach any terms in this legal notice your permission to use the Website automatically terminates and you must, at our option, immediately return or destroy any downloaded, printed or copied extracts from the Website.
While Optimum Nutrition endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness of the material on the Website. Optimum Nutrition may make changes to the material on the Website at any time without notice or the material on the Website may be out of date and Optimum Nutrition makes no commitment to update such material. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Optimum Nutrition provides you with the Website on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, conditions implied by statute, common law or the law of equity) which, but for this legal notice, might have effect in relation to the Website. Optimum Nutrition does not assume any guarantee against patent infringement, liabilities or risks involved from the use of information on the Website. Any health claims, if any, contained on the Website are for illustration purposes only and are subject to approval by the relevant regulatory authority in each country where purchasers market final consumer products.
Optimum Nutrition any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Optimum Nutrition ‘s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in this legal notice shall exclude or limit Optimum Nutrition ‘s liability for death or personal injury caused by our negligence or any person for which we are responsible.
8.) Acceptable use for user generated content (“acceptable use policy”)
We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards, blogs and forums (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8.1) Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable laws in England and Wales and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8.2) Suspension and termination
We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
8.3) Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this clause 8. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
9.) Jurisdiction and applicable law
This website is established in the United Kingdom and these terms shall be governed and construed in accordance with the Laws of England and Wales. When you use the website you accept that your use thereof shall be governed by the laws of England and Wales and if any dispute arises as to your use of this website, you agree to allow such dispute to be heard in the Courts of England and Wales. If any provisions of these terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not effect the validity and enforceability of the remaining provisions.
All materials contained on the Web Site are © 2007-2010, Optimum Nutrition, Inc. All rights reserved.