Accelerade Edge Terms of Use/Community Guidelines
UPDATED AS OF: June 11, 2007
COMPANY: Mott's LLP (the"Company" or "we").
COMPANY LOCATION: Ryebrook, NY
JURISDICTION: New York
Address: Attn: Consumer Relations P.O. Box 869077 Plano, TX 75086-9077
Telephone: 1-800-696-5891
E-mail: Send us an email
Conditional Use of This Site.
Your access to and use of this website and its contents (the "Site") is subject to the terms and conditions of this Terms of Use ("Terms of Use" or "Terms"), and all applicable laws. By accessing and using this Site, you (the "User" or "you") accept and agree to these without any limitation or qualification.
Privacy Policy.
We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.
Member Conduct and Appropriate Content.
You understand that the Site is available for your personal, non-commercial use only. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. You are solely responsible for all acts or omissions that occur under your account including the materials submitted under your account.
Eligibility and Registration
You must be 13 years or older to register to use Accelerade Edge. By registering for Accelerade Edge, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Use (Residents of USA and Canada only).
General Restrictions
- LAWS. Violate, or encourage the violation of, any applicable local, state, national or international laws or regulations or use Accelerade Edge for any illegal or unauthorized purpose.
- REGISTRATION. Provide untrue, inaccurate and incomplete registration information.
- USERNAME. Use a username that impersonates someone else, or violates any of the other policies of this Site.
- IMPERSONATION. Use a false e-mail address, forge headers, manipulate identifiers, impersonate any person or entity, or otherwise mislead as to your identity or the origin of your content. This includes, but is not limited to, impersonating a Company employee, an ambassador, moderator, host, or falsely stating or misrepresenting your affiliation with a person or entity.
- THIRD PARTY RIGHTS. Violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. Submit Materials of any third party or use their likenesses, names, and/or properties without their express permission.
- SPAM/SOLICITATION. Consist of or contain political campaigning, commercial solicitation, advertising, promotional materials, chain letters, mass mailings, or any form of "spam."
- USE OF SITE CONTENT. Copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
- OBJECTIONABLE MATERIAL. Provide material that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent, hateful, profane, abusive, racially, ethnically or otherwise objectionable material or information.
- STALKING. Stalk, threaten or otherwise advocate violating the rights of others.
- COMMERCIAL USE. Use Accelerade Edge for any commercial, professional or corporate uses.
- SPONSORSHIP. Express or imply that such Materials are sponsored or endorsed by Accelerade Edge.
- UNWELCOME CONTACT. Use other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users.
- VIRUSES. Transmit, email, upload or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- DENIAL OF SERVICE. Use Accelerade Edge in any manner that could damage, disable, overburden or impair the website.
- SECURITY BREACH. Attempt to gain unauthorized access to the web site, other accounts, computer systems or networks connected to Accelerade Edge, through password mining or any other means.
- REVERSE ENGINEER. Modify, adapt, translate, or reverse engineer any portion of Accelerade Edge, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Accelerade Edge.
- INFORMATION COLLECTION. Use automated scripts to collect information from the site or the Web site or for any other purpose.
- REFORMATTING. Reformat or frame any portion of the web pages that are part of the Accelerade Edge.
- INTELLECTUAL PROPERTY NOTICES. Remove any copyright, trademark or other proprietary rights notices contained in or on Accelerade Edge.
- INTERFERENCE. Interfere with another User's access and enjoyment of Accelerade Edge.
- TROLLING. Harvest or collect email addresses or other contact information of Users, including usernames, from the Accelerade Edge website by electronic or other means.
- DISRUPTION. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- FOREIGN TERRORIST. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- FOSTERING CRIMINAL ACTIVITIES. Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Ownership of the Material You Send.
Subject to the application of the Privacy Policy to personally-identifiable information, any material you post or send to this Site will be deemed non-confidential and non-proprietary. . This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it on a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable basis for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, modification, adaptation, disclosure, transmission, publication, broadcast and posting throughout the world in any media or format.
Waiver.
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
- USE OF THE SITE IS AT YOUR OWN RISK;
- THE SITE IS PROVIDED TO YOU "AS IS"; AND
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
- STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
- CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
- VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
- LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
- ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
Indemnification:
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
- ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
- ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
- YOUR BREACH OF ANY PROVISION OF THESE TERMS;
- ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You acknowledge, consent and agree that Accelerade Edge and the Company may access, preserve and disclose your account information and materials if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms of Use;
- respond to claims that any material violates the rights of third parties;
- respond to your requests for customer service;
- protect the rights, property or personal safety of the Company, its affiliates, its users and the public.
Disclaimer.
You understand that the technical processing and transmission of Accelerade Edge, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that Accelerade Edge and software embodied within the site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the site. You may not attempt to override or circumvent any of the usage rules embedded into the site.
ACCELERADE EDGE AND THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THIS SITE AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THIS SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE, ALL CONTENT AND SERVICE IN CONNECTION WITH THEM ARE PROVIDED "AS-IS" AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF FITNES FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE RELATED TO IT.
WE RESERVE THE RIGHT TO MODIFY OR TERMINATE ACCELERADE EDGE AND/OR ANY ACCOUNT ON THE SITE FOR ANY REASON, WITHOUT NOTICE AT ANY TIME, AND THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
Other Sites.
This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
Intellectual Property.
We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
Notice and Procedure for Making Claims of Copyright Infringement
Users, and not Accelerade Edge or its affiliates, are responsible to ensure that any Content they submit does not infringe any other party's intellectual property rights. If, however, you believe that your work has been copied in a way that constitutes copyright infringement, please provide Accelerade Edge the written information specified below. Please note that this procedure is exclusively for notifying Accelerade Edge and its affiliates that your copyrighted material has been infringed. Accelerade Edge does not warrant or guarantee that any action can or will be taken against such claimed infringement, but at all times reserves the right for any reason to delete content provided to it.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Other.
Jurisdiction.
JurisdictionWe control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Jurisdiction. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of this Jurisdiction, you are solely responsible for compliance with any applicable local laws.
Severability.
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
Definitions/Interpretation.
As used herein:
"Damages" means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
"including" means "including, but not limited to".
"materials sent to the Site" "(and "materials you send to the Site" and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code, software, music, sound, photographs, graphics, video, messages or other materials ) by you or another user.
"Related Parties" means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
"Site Contents" means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site.
"Site Developer" means any party involved in creating, producing, delivering or maintaining the Site.
"use of this Site" (and "using" and other like terms) means "any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site."
"Warranties" means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus.
Changes.
Please note, we may change information on this Site and/or these Terms, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.
Contact Us.
If you have any questions or comments regarding this Site, please contact us at the above "Contact" address, telephone number or e-mail.
©2005 Mott's LLP All rights reserved.
All rights reserved.
Accelerade, Accel Gel, Sweat Smarter and 4:1 are trademarks of Mott's LLP.
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