Victus, Inc. Online Terms and Conditions

 
This Policy applies to residents of the continental United States.  At this time, Victus is not shipping overseas.
 
Your access to this Web site is subject to the following Terms and Conditions, which may be amended by Victus, Inc., from time to time, without notice to you.  By entering this Web site, and using it, you agree that you have read and understood the Terms and Conditions, as well as to the terms of our Privacy Policy, which is hereby incorporated and made part of these Terms and Conditions; that you agree with all of them and agree to be bound by them.  You are responsible for periodically reviewing these Terms and Conditions for applicable changes.  Your access to, and use of this Web site, after the publishing of any changes to these terms and Conditions constitutes your acceptance to the Terms and Conditions as changed.  If you disagree with these Terms and Conditions (as they may be changed from time to time) or, if you are dissatisfied with any one or more of them, your sole and exclusive remedy is to discontinue using the site.
 

DISCLAIMERS

 
You recognize and agree that:
 
a.  Although Victus strives to provide on this Web site the latest developments relating to our products, and other information about our Company, we do not guarantee the accuracy, effectiveness or reliability of any information contained in this Web site.  Each person assumes full responsibility and all risks arising from using this Internet site.  All information is presented “AS IS” and may include inaccuracies or typographical errors, or both.  Victus reserves the right to make additions, deletions or modifications to the information, at any time, without any prior notification.
 
b.  VICTUS MAKES NO REPRESENATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE.  VICTUS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, BY CONTRACT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  IN NO EVENT SHALL VICTUS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOST PROFITS), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM, OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER VICTUS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
 
c.  This Web site may be linked to other sites which are not maintained by Victus.  Victus, therefore, is not responsible, and provides no warranty whatsoever, for the accuracy, reliability, effectiveness, timeliness and suitability of any information or for content obtained from third parties, including any hyperlinks to or from third-party sites.  Except as otherwise provided on this Web site, Victus will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site.  Such information should therefore, be considered as suspect and is not sponsored, recommended or endorsed by Victus in any way.
 
d.  This Web site may contain forward-looking statements that reflect Victus’ current expectation regarding future events and business development.  The forward-looking statements, at the time they are made, are based on current expectations about future events and thus involve uncertainty and therefore risk.  The accuracy of these underlying assumptions depends on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, domestic or international health care reforms, validity and enforcement of patents associated with the products, the stability of commercial relationships, currency fluctuations, general industry conditions and competition, and economic conditions.  All of these are subject to varying degrees of change.  If underlying assumptions about future events and projections based upon them prove to be inaccurate, then actual developments or results could differ materially from those projected. 
 
e.   Victus has every intent to periodically update this Web site, but assumes no obligation to do so.
 

HEALTH INFORMATION

 
This Web site may contain information on nutrition, medicine and health-related topics.  This information is provided only as general educational information.  The information provided here is not intended to take the place, and cannot substitute for the advice provided by your personal physician or primary health care provider.  You should always seek his or her professional opinion as to any health problem or concern.
 

YOUR USE

 
You recognize, understand and agree to the following:
 
a.  By entering and using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site, or on any of Victus’ servers.  You further agree not to circumvent or interfere with any security features of this Web site, and to observe and abide by all applicable local, state, federal and international laws, treaties, rules and regulations.
 
b.  You grant to Victus the unrestricted right to use all content you upload or otherwise transmit to this Web site, subject to these Terms and Conditions and Victus’ Privacy Pollicy, in any manner Victus chooses, including, but not limited to, reproducing, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based upon it.
 
c.  Except as clearly stated and agreed by Victus, in advance and in writing, no confidential relationship shall be established in the event that any user of this Internet site should make any verbal, written or electronic communication to Victus (such as feedback, questions, comments, suggestions, ideas etc.).  If any of our sites requires or requests that such information be provided, and that such information contains personal identifying information (e.g. name, address, phone number), Victus shall obtain, use and maintain it in a manner consistent with our Privacy Policy.  Otherwise, such communication, and any information submitted therewith, shall be considered non-confidential, and Victus shall be free to reproduce, publish or otherwise use such information for any purpose whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.  The sender of any information to Victus is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.
 

PRODUCT LABELING

 
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin.  Products may not be available in all countries or, may be available under a different brand name, in different strengths, or for different indications.  Many products listed may only be available by prescription, through your healthcare professional.  No director, employee, agent, or representative of Victus, its subsidiaries and affiliates is engaged in rendering medical advice, diagnosis, treatment or any type of medical service which in any way creates a physician-patient relationship through this Web site.
 

INTELLECTUAL PROPERTY

 
The information, documents, graphics and other content published in this Internet site (the “Information”) are the sole property of Victus, or are otherwise licensed to Victus, except for information provided by third party providers under contract to Victus, its subsidiaries or affiliates.  All ownership rights in the intellectual property contained in this Web site, including copyrights, trademarks, trade secrets and patent rights are reserved.  Permission to use the information is granted, provided that (1) a copyright or trademark notice appears in all copies; 2) information is used strictly for informational, non-commercial or personal use only; 3) the information is not modified in any way; and 4) no graphics available from this Internet site are used separate from accompanying text.  Any other use of the information is strictly prohibited.  Victus is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein.  Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Victus or its business partners.
 
No use of any Victus trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of Victus, except to identify the product or services of the company.
 

PRIVACY AND SECURITY

 
Victus understands the importance of privacy to our customers and visitors to this Web site.  Our use of personally identifiable information (e.g. name, address, phone number etc.) is governed by our Privacy Policy.  By entering and using this Web site you agree to be bound by the terms and conditions of that Policy.  Please take the time to review the Policy.
 
You recognize and agree that, when submitting your personally identifiable information to Victus.com, there is no absolute guarantee of security despite the safeguards which Victus has in place now or may later adopt in order to prevent unauthorized access or interception of that information.
 
IN THE UNLIKELY EVENT OF AN INTERCEPTION OR OTHER UNAUTHORIZED ACCESS, DESPITE OUR EFFORTS TO SAFEGUARD THE INFORMATION, VICTUS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR A USER, EVEN IF VICTUS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  VICTUS DOES NOT GUARANTEE, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER OR USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.  EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PERSONAL INFORMATION.
 

LIMITATION OF LIABILITY

 
While efforts have been made to maintain this Web site accurate and up to date, Victus does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through this Web site.  Reliance on these materials, information and opinions are solely at your own risk.  Victus disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained in it.
 
THE VICTUS WEB SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE, ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS.  IN NO EVENT SHALL VICTUS, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “VICTUS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR FOR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE, OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF VICTUS, AND WHETHER OR NOT VICTUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  (This limitation of liability is not permitted in some states).
 

GENERAL TERMS

 
You agree that these Terms and Conditions which incorporate our Privacy Policy by reference, make up the entire agreement between us with respect to the subject matter covered by it.  Victus was created and exists under the laws of the State of Florida.  The laws of the State of Florida will control these Terms and Conditions, without giving any effect to the principles of conflicts of laws contained in it. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect.  You understand and agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of, or related to Victus.com, or these Terms and Conditions more than one (1) year after such claim or cause of action arose.