Last update of this User Agreement: May 25th, 2017
BEFORE USING ANY OF THE SERVICE CONTENT, BROWSING ANY CONTENT MADE AVAILABLE ON THIS WEBSITE, OR OTHERWISE INTERACTING IN ANY WAY WITH THIS WEBSITE PLEASE ENSURE YOU HAVE READ AND UNDERSTOOD THIS USER AGREEMENT.
This User Agreement (“Agreement”) is between you (“you”, “your”) and SupplementAnalyst.com (“We”, “Website”, “Our”, “Supplement Analyst”, or “Us”) and governs your use of the Supplement Analyst website. Supplement Analyst is a trusted, online resource for supplement reviews, news, and information. This Agreement governs your use of Supplement Analyst including any web pages, content, newsletters, registrations, videos, images or other services and content (“Service Content”) that may be provided from time to time by Us or parties affiliated or contracted by Us to provide content or Service Content for display on Supplement Analyst.
By continuing to use the Service Content, you are indicating your understanding and consent to be legally bound by this Agreement. If you do not agree to any clause contained herein, We are not willing to provide you with access to the Service Content and you should immediately refrain from accessing any and all User Content.
Copyright – Fair Use, DMCA & Fair Dealing: All marks, brands and names belong to the respective companies and manufacturers and are used solely to identify the companies and/or products in our articles. Under copyright law, copyrighted material may be used without first acquiring permission from the copyright holder if the copyrighted material is used in parody, criticism, news reporting, research, reviews, education, and scholarships. This Website is a research based review website that exists to educate consumers on products they may be considering purchasing. If you have reason to believe that copyright infringement exists on the Website, you must tell Us in writing at [email protected] We will evaluate the strength of your case, and using our sole discretion may remove material that may infringe on the copyright of others.
1. Changes to the Agreement.We may modify this Agreement from time to time using our sole discretion without providing you notice. You should review this Agreement periodically to ensure familiarity with its then-current terms. We will signal any update to you by clearly listing a date of last update at the top of this Agreement. By continuing to use or access Service Content, you are signaling that you have read, understood, and agree to be bound by this Agreement.
2. Ownership and Limitations of Use. You acknowledge and agree that the text, advertising, look and feel, information, data, graphics, images, audio, video, design, organization, scripting and individual personas (fictional or nonfictional) displayed in any Service Content constitute the sole and exclusive property of Us, our advertisers, or other third parties that We are directly working with under contract and that Service Content is protected by copyright and other intellectual property laws and any unlawful reproduction, use, dissemination, or infringement is strictly prohibited unless you have our advanced express written consent.
NO SERVICE CONTENT IS ELIGIBLE FOR SALE OR UNLAWFUL REPRODUCTION. SUCH REPRODUCTION MAY BE SUBJECT TO LEGAL ENFORCEMENT WITHOUT PRIOR WARNING OR NOTIFICATION FROM US.
The following article is exempt from Clause 2
If We feature a sharing functionality or functionalities on a particular piece of Service Content, you may use the featured sharing functionality so long as the original Service Content is not altered, reconfigured, or otherwise modified in any way shape or form.
4. User Content and Service Content Interaction. We offer users the ability to tag, vote, rate, promote, comment and otherwise interact with Service Content. Any links, text, images or other items not submitted by Us is referred to as “User Content”. We are not responsible for any user impersonating you in User Content. If you have concerns or believe that someone is using your likeness to interact with any Service Content, please contact Us directly and We will work with you to try to resolve the issue.
4.1 Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals or organizations and is designed to help you gather the information you need to help you make your own purchasing decisions. You are responsible for your own purchasing decisions in addition to verifying any information you intend to rely on. We do not endorse or warrant the accuracy of information provided by users. We do not warrant, guarantee or verify user identity. User Content may be misleading, deceptive, or in error, however We will try our best to remove any User Content that is grossly misleading or that receives a large number of complaints.
4.2 Submitting User Content Complaints and User Content Removal. Informational accuracy is important to Us. If you feel specific pieces of User Content is misleading, offensive, or inappropriate please contact Us directly. We do not routinely edit, screen, review, or filter User Content although we reserve the exclusive right using our sole discretion to remove any User Content We deem unfit for display as part of any Service Content without notice.
4.3 User Content Rights and Representations by You. If you upload, post or submit any User Content, you represent and warrant to us that you have obtained the necessary legal rights and licenses to upload, post or submit such User Content and it will not violate any law or the rights of any person.
4.4 Ownership of User Content. When you choose to upload, post or otherwise submit any User Content, you grant us, or another party directly under contract with Us a non-exclusive, transferable, worldwide, fully paid, royalty free, perpetual, irrevocable right to license, use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate or notify you.
5. User Content Code of Conduct. All Users must comply with the following rules of conduct:
- You will not stalk or harass other users, our authors, employee’s or affiliates when using the Service Content or submitting User Content.
- You will not interfere with others’ use of the Service Content or act in a way that negatively affects other users’ enjoyment of the Service Content.
- You will not attempt to collect any screen names or User Content for any commercial use and you will not collect or store personal information about any other User or author of Service Content.
- You will not use the Service Content for illegal purposes and you will not upload, post or submit any User Content that is obscene, hateful or offensive and that does not violate any racial, ethnic, sexual or any other grounds; is harmful, vulgar, distasteful, defamatory, libelous, or invades another person’s rights.
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with us, our parent, our advertisers, or affiliated third parties and that you will not adopt a false identity if the purpose of doing so is to deceive, defraud or otherwise breach this User Content Code of Conduct.
- You will not upload, post or submit any content that contains any viruses, malware, bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Service Content We provide or that may cause harm to any user’s device.
- You will not send or post any unsolicited advertising, promotional information, commercial email or other solicitation including spam, guest posting, chain letters or other schemes on any Service Content.
- Respect other Users. If you disagree with another user’s opinion, do not attack them or otherwise breach the User Content Code of Conduct. We do however encourage opinionated, factual debate and discussion.
- You will not violate any applicable local, state, national or international law.
- You will not upload, post, submit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
6. Availability of Service Content. Without notification, We may discontinue, update, change, or otherwise modify any Service Content using our sole discretion.
7. Product Reviews. We pride ourselves in offering, to the best of our ability, scientific, informative, accurate, and trust worthy reviews and articles. The opinions reflected in articles or product reviews may be subjective to the authors and do not necessarily reflect the opinions or beliefs of Supplement Analyst, the opinions or beliefs of our parent or any party affiliated with Us. Product Reviews are provided for informational purposes only. Before purchasing a product, you are responsible for verifying any information displayed on the Website about the product. Before you take any new product, or begin any new routine, you must verify with your healthcare professional if the product or routine is right for you.
WE ARE NOT A HEALTH CARE PROFESSIONAL AND ARE IN NO POSITION TO OFFER YOU ANY INDIVIDUALIZED MEDICAL OR NUTRITIONAL ADVICE. OUR STATEMENTS ARE GENERALIZED AS WE DO NOT HAVE ACCESS TO ANY USERS MEDICAL RECORDS, MEDICAL CONDITIONS, ALLERGIES, SENSITIVITIES OR DISEASES.
ANY INFORMATION PROVIDED TO YOU ON THIS WEBSITE OR AS PART OF THE SERVICE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY TO HELP YOU MAKE THE BEST PURCHASING DECISION POSSIBLE. THE FDA OR HEALTH CANADA HAVE NOT REVIEWED ANY STATEMENTS OR INFORMATION ON THIS WEBSITE, AND ARE NOT AFFILIATED WITH US IN ANY WAY, SHAPE, OR FORM.
8. Product, Manufacturer, and Fulfillment Registrations.
Seal Usage and Restrictions: After you have successfully registered with Supplement Analyst, We will grant you a non-exclusive, non transferrable, one-way license to use the registration seal in your marketing materials, on product packaging or on your website. Under no circumstances is a registration seal to be used in any manner that insinuates any type of partnership relationship between you and Supplement Analyst, past, present or ongoing. When you choose to display your registration seal in digital materials, it must contain a working link to one of (whichever most accurately reflects the seal you are displaying) www.supplementanalyst.com/supplement-registered www.supplementanalyst.com/manufacturer-registered or www.supplementanalyst.com/fulfillment-registered in order to provide consumers with more information about the seal, and how the seal was obtained. For your convenience, the code for this seal can be found at www.supplementanalyst.com/registration-seals
When you register a product or service, you agree and certify that:
1) You have the right and authority to register the product or service
2) You will provide only honest and up to date information about the product or service you are registering
3) You will provide Us with updated, accurate, and current information if any of the information you have previously provided about the product or service changes right away. Any updated information should be mailed in writing to our registration director [email protected] and shall only be considered received by Us if We expressly confirm receipt of your e-mail. Information updates usually completed within 10 business days
4) You will not display your registration seal if the information on Supplement Analyst does not accurately describe your product or service
When you register a product or service, Supplement Analyst in no way guarantees, represents or warrants the fitness of the product, service or company, and under no circumstances may you display the seal, or any information related to Us that would insinuate any representation or warranty by Us. Supplement Analyst expressly disclaims any and all warranties of any service, product or company displaying our seal. To obtain a Supplement Analyst Registration Seal, companies, products or services must honestly complete the registration form with information for display on supplementanalyst.com. Companies that provide us with this information are awarded a registration seal. You can view the registration forms online to see what information We collect. We do not monitor any information submitted by third parties for accuracy – nor do We keep previously provided information up to date. If you register your product, service or company, you are solely responsible for ensuring your information is up to date and accurate. For information update requests, We may require proof of ownership. If you have reason to believe someone has provided information about your product, company or service that is not you, please tell Our registration director in writing at [email protected]. We will review your notice, and using our sole discretion will choose to update, remove, or request additional information. In addition to DMCA copyright laws, when you choose to register a supplement or service with the Website, you grant Supplement Analyst a non-exclusive, transferable, worldwide, fully paid, royalty free, perpetual, irrevocable license to use any product images, brand names, company names, and other IP that is related to the product, brand, or parent company in Service Content.
If you are purchasing a product or service that is displaying a Supplement Analyst registration seal, you are solely responsible for validating the authenticity of that seal and the information displayed on supplementanalyst.com related to the product or service. You should only rely on information you directly receive from the owner of the product or service you are expressing interest in – which you should evaluate using your sole discretion to make a business or purchasing decision.
10. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT THE SERVICE CONTENT AND USER CONTENT MADE AVAILABLE BY US IS PROVIDED ON AN “AS-IS” INFORMATIONAL BASIS AND THAT OUR AUTHORS, OR AFFILIATED AUTHORS, CONTRIBUTORS, WRITERS, AND UPLOADERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES PERTAINING TO THE MERCHANTABILITY, FITNESS, ACCURACY, RESULTS, EFFECTS, BENEFITS, CONTRAINDICATIONS OR DOSAGES FOR ANY PRODUCT, SERVICE, OR INGREDIENT.
12. LIMITATIONS ON LIABILITY. WE, OUR PARENT, CONTRACTED THIRD PARTY PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE TONENT IS AT YOUR OWN RISK.
13. INDEMNITY. You agree to indemnify and hold Us, our owners, and affiliated or partnership entities, including the associated authors, contributors, affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you upload, post, submit or otherwise content you make available through the Service Content, your use of the Service Content, the display of any registration seal, or your violation of this Agreement.
14. General. This Agreement is the final and entire agreement between Us regarding your use of the Service Content and contributing User Content and supersedes all previous understandings whether written or oral regarding your use of the Service Content. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone.
You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. The courts of British Columbia, Canada shall be the sole jurisdiction and venue for any litigation arising out of this Agreement or your use of the Website or Service Content. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Contact: [email protected]