Terms_&_Conditions

AML Terms & Conditions

The AML Terms & Conditions ("Agreement") between Advanced Metabolic Laboratories LLC ("AML", "us" or "we") and you sets forth the terms and conditions which govern your use of the AML web site ("Site") and/or the AML services ("Services") and/or the AML products ("Products").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITE AND/OR SERVICES AND/OR PRODUCTS. BY ACCESSING OR USING THE SITE AND/OR SERVICES AND/OR PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR PRODUCTS, THEN YOU SHOULD IMMEDIATELY CEASE SUCH USE.

AML MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE. YOUR USE OF ANY OF THE SITE AND/OR SERVICES AND/OR PRODUCTS FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES AND/OR PRODUCTS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

Limited License
AML grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site and/or use the Services and/or Products thereon. Unless otherwise specified in writing, the Services and/or Products are for your personal and non-commercial use.

Prohibited Activities
In connection with your use of the Site and/or the Services and/or the Products, you acknowledge and agree that you will NOT:
1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites and/or the Services and/or the Products.
2. Access the Site and/or Services and/or Products by any means other than through the standard industry-accepted or AML provided interfaces.
3. Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity.
4. Impersonate any person or entity, including without limitation, an AML official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity.
5. Post or transmit any material that contains a virus or corrupted data.
6. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
7. Use of any Site and/or Service and/or Product communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text).
8. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any information such as opinions or notices, commercial or otherwise.
9. Violate any applicable local, state, national or international law.
10. Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
11. Delete or revise any material posted by any other person or entity.
12. Manipulate or otherwise display the Site and/or the Services and/or the Products by using framing or similar navigational technology.
13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any AML product or Service if you are not expressly authorized by such party to do so.
14. Use the Site and/or the Services and/or the Products for any purpose that is unlawful or prohibited by these terms and conditions.
15. You may not use the Site and/or the Services and/or the Product in any manner that could damage, disable, overburden or impair the AML servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services and/or the Products.
16. You may not attempt to gain unauthorized access to the Site and/or Services and/or Products, accounts, computer systems or networks connected to AML through hacking, password mining or any other means.
17. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services and/or the Products.

Billing and Transactions
Services and/or Products may be offered for sale on the Site.  In the event you wish to purchase any of these Services and/or Products, you will be asked by AML or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information.  You agree to provide AML or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of any Service and/or Product.  You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and applicable shipping costs.  Your right to use a Service and/or Product is conditional upon our receipt of payment.

Message Boards and Chat Rooms
From time to time, AML may host message boards, chats and other public round-tables ("Forums") on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to Forums in the future. AML or its designated agents may remove or alter any user-created content in the Forums at any time for any reason. Forums are intended to serve as discussion centers for users and subscribers. Information and content posted within Forums may be provided by AML staff, AML outside contributors, or by others not connected with AML, some of whom may employ anonymous user names. AML expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in Forums, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through Forums. The opinions expressed in Forums are solely the opinions of the participants, and do not reflect the opinions of AML or any of its subsidiaries or any of its affiliates.

Monitoring Forums
AML has no obligation whatsoever to monitor any of the content or postings on the Forums. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. Materials posted and/or uploaded to the Forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

Third Party Content
In general, the content contained on any Site and/or Service and/or Product may be supplied by third parties and users. Accordingly, AML is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not AML. Neither AML nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, AML neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site and/or Service and/or by anyone other than an authorized AML representative while acting in his/her official capacity.

Contests and Games
AML may provide contests and games on its Site. The rules, regulations and procedures will be accessible through a hypertext link prominently displayed on the web page where the contest or game is located. By entering or participating in any such contests or games, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

Accounts, Passwords, and Security
If the Site and/or Services and/or Product require you to open an account, you must complete the registration process by providing AML with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to AML that is untrue, inaccurate, not current or incomplete, AML reserves the right to terminate this Agreement and your continued access and use of the Site and/or the Services and/or the Products. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify AML immediately at info@AdvancedMetabolicLabs.com of any unauthorized use of your account or any other breach of security. AML 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 may be held liable for any losses incurred by AML or another party due to someone else using your account or password.

Disclaimer Regarding Links
A link on any Site and/or Services and/or Product will let you leave the AML Site or Service or Product that you are accessing in order to access a linked site ("Linked Sites"). AML provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has AML reviewed or approved the content which appears on the Linked Sites. AML is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that AML shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the AML Site and/or Services and/or Products, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that AML shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings by you.

Proprietary Rights
You acknowledge and agree that the Site and/or Services and/or Products contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of AML or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning AML or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. By you sending or transmitting to AML creative suggestions, ideas, notes, concepts, information, or other materials ("Submission Materials") or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to AML shall be fully paid-up and royalty free. In addition, under no circumstances shall AML have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of the AML business through a merger, sale or transfer of all or substantially all of the assets of AML, nor shall the sale of advertising on the Site give rise to any obligation to pay a fee to Subscriber. None of the Submission Materials disclosed or posted via Forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on the part of AML and we shall not be liable for any use or disclosure of any such Submission Materials.

Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by AML infringe your copyright, you, or your agent may send to AML a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AML actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to AML a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. E-mail for notice: Info@AdvancedMetabolicLabs.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Privacy
The AML policy with respect to the collection and use of your personally identifiable information is set forth in the AML Privacy Policy that is displayed prominently on the AML web site. Also the AML policy on prohibited health information is set forth in the AML Prohibited Health Information Policy that is displayed prominently on the AML web site. By accepting these AML Terms and Conditions, you acknowledge acceptance of both of these policies.

Disclaimer of Warranties
THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS, AND ANY CONTENT, TOOLS, OTHER PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AML AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND/OR PRODUCTS, AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability
NEITHER AML NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES; (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES AND/OR THE PRODUCTS. IN NO EVENT SHALL THE AML TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE, AND/OR SERVICES AND/OR PRODUCTS.

Professional Advice Disclaimer
THE AML SITE AND/OR SERVICES AND/OR PRODUCTS DO NOT PROVIDE MEDICAL ADVICE. NOTHING STATED OR POSTED ON ANY SITE OR AVAILABLE THROUGH ANY SERVICES OR PRODUCTS ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR HEALTH CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND/OR HEALTH CARE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING TREATMENT, INSTRUCTIONS, DIAGNOSIS, OR PROGNOSIS. OUR SITE AND/OR SERVICES AND/OR PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND AML MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

Indemnification
You agree to indemnify, defend, and hold AML and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to AML or post on any Forums infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services and/or the Products. This section of Indemnification shall survive in the event this Agreement is terminated for any reason.

Jurisdictional Issues
AML makes no representation or warranty that the content and materials on the Site and/or the Services and/or the Products are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services and/or the Products from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. AML reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or the Services and/or the Products to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or Products that we provide.

Termination
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that AML, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site and/or Services and/or Products, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this section may be effective without prior notice to you. In the event of termination, however, those sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

General Information
This Agreement constitutes the entire agreement and understanding between you and AML and governs your use of the Sites and the Services, superseding any prior agreements between you and AML. This Agreement and the relationship between you and AML shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. The failure of AML to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then only that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by AML of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Arbitration of Disputes
You and AML irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the DENVER CITY AND COUNTY, in the STATE OF COLORADO, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement except for matters that may be taken to THE SMALL CLAIMS COURT OF DENVER CITY AND COUNTY, COLORADO. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the Site or Service or Product not exceeding $4500.00 will be in the small claims division of District Court of DENVER CITY AND COUNTY, COLORADO. You agree that any dispute or controversy arising out of or relating to the Site or Service or Product equal to or exceeding $4500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in COLORADO, as found in the COLORADO statutes at Title 15. Such arbitration shall occur in DENVER CITY AND COUNTY, COLORADO before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.


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