Clark’s Nutritional Centers Inc.® Terms of Use

This document was last updated on April 15, 2016

These Terms of Use (the “Terms of Use”) apply to the Clark’s Nutritional Center, Inc.® ("Clark’s") website located at www.ClarksNutrition.com and www.ClarksNaturalFoods.com This Website is the property of Clark’s and its licensors. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

At any time, Clark’s reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use. It is your responsibility to check these Terms of Use frequently for changes. By continued use of the Website following the posting of changes you accept and agree to the changes. As long as you comply with these Terms of Use, Clark’s grants you a personal, non-exclusive, revocable, non-transferable, limited privilege to enter and use the Website.

These terms and conditions outline the rules and regulations for the use of Clark’s Nutritional Centers Inc.'s Website.

Clark’s Nutritional Centers Inc. ® is located at:

4225 Market Street

Riverside, California 92501

United States

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Content

All text, graphics, visual interfaces, user interfaces, photographs, drawings, trademarks, logos, sounds, music, artwork and computer code (hereinafter, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Clark’s, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use and without the expressed written consent of Clark’s, you are prohibited from copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting or distributing in any way (including “mirroring”) the Content of this Website to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.

No Unlawful or Prohibited Use

You are prohibited from using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not gain or attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any Clark’s server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Clark’s, including any Clark’s account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Clark’s’ systems or networks, or any systems or networks connected to the Website or to Clark’s and that further, you will immediately stop any action that unreasonably or disproportionately imposes a large load on the infrastructure of the Website upon notice of such action from Clark’s or otherwise.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Clark’s on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content it for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Clark’s or others.

Notice Specific to Documents Available on This Website.

Permission to use documents such as white papers, press releases, datasheets and FAQs contained on or otherwise made available from this Website is granted, provided that (1) the copyright notice below appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational use only and will not be copied or posted on any network computer or broadcast in any media without the prior, express written permission of Clark’s and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Clarksnutrition.com Website or any other Clark’s owned, operated, licensed or controlled site. Elements of Clark’s Websites are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Clark’s Website may be copied or retransmitted without the prior, express written permission of Clark’s.

CLARK’S AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLARK’S AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Healthnotes Inc.

The information presented by Healthnotes is for informational purposes only. It is based on scientific studies (human, animal, or in vitro), clinical experience, or traditional usage as cited in each article. The results reported may not necessarily occur in all individuals. Self-treatment is not recommended for life-threatening conditions that require medical treatment under a doctor's care. For many of the conditions discussed, treatment with prescription or over the counter medication is also available. Consult your doctor, practitioner, and/or pharmacist for any health problem and before using any supplements or before making any changes in prescribed medications.

Cookies

We employ the use of cookies. By using Clark’s Nutritional Centers Inc.'s website you consent to the use of cookies in accordance with Clark’s Nutritional Centers Inc.’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Clark’s Nutritional Centers Inc. ® and/or it’s licensors own the intellectual property rights for all material on Clark’s Nutritional Centers Inc. All intellectual property rights are reserved. You may view and/or print pages from http://www.clarksnutrition.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

User Comments

1) Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Clark’s Nutritional Centers Inc. does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Clark’s Nutritional Centers Inc., its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Clark’s Nutritional Centers Inc. ® shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

2) Clark’s Nutritional Centers Inc. ® reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

3) You warrant and represent that:

a) You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

b) The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

c) The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

d) The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

e) You will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

f) You will not impersonate any person or entity, including, but not limited to, a Clark’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

g) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

h) You will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

i) You will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

j) You will not upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

k) You will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

l) You will not 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;

m) You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

n) You will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

o) You will not "stalk" or otherwise harass another; or

p) You will not collect or store personal data about other users.

4) You hereby grant to Clark’s Nutritional Centers Inc. ® a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

5) Clark’s has no obligation to monitor the User Comments. However, Clark’s reserves the right to review materials posted to the User Comments and to remove any materials in its sole discretion. Clark’s reserves the right to terminate your access to any or all of the User Comments at any time, without notice, for any reason whatsoever.

6) Clark’s reserves the right at all times to disclose any information as Clark’s deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Clark’s' sole discretion.

7) Always use caution when giving out any personally identifiable information about yourself or your children in any User Comments. Clark’s does not control or endorse the content, messages, or information found in any User Comments and, therefore, Clark’s specifically disclaims any liability with regard to the User Comments and any actions resulting from your participation in any User Comments. Managers and hosts are not authorized Clark’s spokespersons, and their views do not necessarily reflect those of Clark’s.

8) Materials uploaded to the User Comments may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Member Account, Password, and Security.

There may be services or features offered through this site that require you to open an account. You must provide the information requested by us in a complete and accurate manner as prompted by the applicable registration form. You also will be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Clark’s immediately of any unauthorized use of your account or any other breach of security. Clark’s will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Clark’s or another party due to someone else using your user name or password. You may not use anyone else's ID or password at any time, without the express permission and consent of the account holder.

Hyper linking to our Content

1. The following organizations may link to our Web site without prior written approval:

o Government agencies;

o Search engines;

o News organizations;

o Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

o System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

o These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

o We may consider and approve in our sole discretion other link requests from the following types of organizations:

o commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

o dot.com community sites;

o associations or other groups representing charities, including charity giving sites,

o online directory distributors;

o internet portals;

o accounting, law and consulting firms whose primary clients are businesses; and

o educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Clark’s Nutritional Centers Inc. ®; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to website@clarksnutrition.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Liability Limitations of the Website

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

IN NO EVENT SHALL CLARK’S AND/OR ITS EMPLOYEES, AGENTS OR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DOCUMENTS OR INFORMATION AVAILABLE FROM THIS WEBSITE; OR PROVISIONS OF OR FAILURE TO PROVIDE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CLARK’S AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Clark’s and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.