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The materials in this site are provided "as is" and without warranties of any kind either express or implied. ProNutritionLabs.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. ProNutritionLabs.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. ProNutritionLabs.com does not warrant or make any representations regarding the use or the results of the use of the materials or products in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not ProNutritionLabs.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall ProNutritionLabs.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if ProNutritionLabs.com or a ProNutritionLabs.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ProNutritionLabs.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
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Any and all information contained on ProNutritionLabs.com or any ProNutritionLabs.com related sites, articles or materials are not intended to take the place of medical advice from a health care professional. Any action taken based on the contents found in ProNutritionLabs.com or any ProNutritionLabs.com related sites, articles, materials, products or information is to be used at the sole discretion and sole liability of the the person or persons visiting ProNutritionLabs.com.
Readers of any information found on ProNutritionLabs.com should always consult appropriate health professionals on any matter relating to their health and well being before taking any action of any kind concerning health related issues. Any information or opinions provided here or in any ProNutritionLabs.com related articles, materials or information are believed to be accurate and sound, however ProNutritionLabs.com assumes no liablitiy for the use or misuse of information found on ProNutritionLabs.com.
Niether any personnel or associates of ProNutritionLabs.com will in any way be held responsible on behalf of any reader who fails to consult the appropriate health authorities with respect to their individual health care before acting on or using any information or products found on ProNutritionLabs.com, and niether the author or publisher of any information found on ProNutritionLabs.com will be held responsible for errors or omissions, or use or misuse of the information or products found on ProNutritionLabs.com.
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You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from ProNutritionLabs.com, and all information to which you have access through password-protected areas of ProNutritionLabs.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Jurisdiction and Other Points to Consider
To the extent you have in any manner violated or threatened to violate ProNutritionLabs.com and/or its affiliates' intellectual property rights, ProNutritionLabs.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of WI, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Madison. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Madison, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.