Copyright and Trademarks
All Site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of FitLife Brands or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with pmdsports.com or using this Site as a shopping vehicle. Any other use of materials on this Site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of FitLife Brands, is strictly prohibited.
FitLife Brands, NDS, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of FitLife Brands or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this Site are the property of their respective owners.
Review of Materials Posted on or Submitted to Site
FitLife Brands is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the Site. FitLife Brands does not and cannot monitor all information or materials posted on, submitted to or transmitted through the Site by third parties. However, FitLife Brands reserves the right to delete, block and remove any information or materials that FitLife Brands, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to FitLife Brands. If notified of any such information or materials on the Site, FitLife Brands may determine in its sole discretion whether to remove such content from the Site.
Any suggestions, ideas, comments or other similar submissions by users shall be deemed the sole property of FitLife Brands, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant FitLife Brands a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against FitLife Brands for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.
No Warranty; Disclaimer
FitLife Brands is providing this Site and its contents on an “as is” basis. FitLife Brands and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this Site or its contents, including without limitation the products, information or services offered or sold on or through this Site or any other Site to which this Site links (each a “Linked Site”) and the uninterrupted and error-free use of this Site. FitLife Brands and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. FitLife Brands and its affiliates do not warrant that the Site or files available on the Site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by FitLife Brands or its affiliates will create any warranty not expressly set forth herein. Your use of this Site and any linked site is at your sole risk.
The products, information, services and other content provided on and through this Site, including without limitation any products, information, services or any information contained on or in any product label or packaging and other content provided on any Linked Site are for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement. Before buying or using any products, information or services provided on or through this Site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional.
Unless otherwise indicated on this Site, FitLife Brands does not endorse or recommend any product or service offered, advertised or sold on or through this Site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. FitLife Brands is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. FitLife Brands expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this Site. Price and availability information on this Site is subject to change without notice.
Limitation of Liability
FitLife Brands and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between FitLife Brands and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of FitLife Brands and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from FitLife Brands on this site.
All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
Your Usage of Site; Termination of Usage
You agree to maintain the security of your account on the Site, including the security of your password and other confidential information relating to the use of the Site and your account on the Site. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying pmdsports.com.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Site or material thereon.
You further agree that you will not access by any means except through the interface provided by Ndsnutrition.com for access to the Site. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not FitLife Brands and its affiliates, are responsible for compliance with applicable local laws.
Applicable Law; Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of Nebraska without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Nebraska and further agrees that any cause of action arising from or relating to the use of this Site or this agreement shall be brought exclusively in a court in Nebraska.
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
Entire Agreement; Amendments
The failure of FitLife Brands or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty; Disclaimer” and “Limitation of Liability” provisions of this agreement are for the benefit of FitLife Brands and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.