Terms and Conditions & SERVICE AGREEMENT


Policy Statement of Metabolism.com, and Metabolink, Inc. / Revised May 2009

Policy Statement.

The goal of metabolism.com (owned and operated by Metabolink, Inc.) is to provide public access to a wide variety of well informed opinions on nutritional and wellness issues. We invite experts to come to our website to share their knowledge and offer information to those who desire it (visitors and members). We encourage visitors and members to interact with the experts and to offer their own points of view and experience, as well. Our featured experts are not employees of Metabolink, Inc, but are independent practitioners of their chosen fields who have come to metabolism.com to interact, help and teach. We do our best to make sure the credentials claimed by our featured experts are valid, but cannot guarantee them. We encourage all visitors and members to take care to assure themselves of the validity of the expert’s credentials, particularly if considering purchasing personal services from them.

Metabolism.com and Metabolink, Inc. stand behind the quality of the website and welcome comments, criticisms and complaints as we attempt to make our website even better and more reliable. All comments can be sent to info@metabolism.com and we will do our best to address them in a timely manner.

Terms and Conditions & Service Agreement of Metabolism.com, and Metabolink, Inc

Metabolink, Inc. (”metabolink”, “metabolism.com”, “us”, “our”, “we”, “Company”) maintains the Internet site metabolism.com together with other Internet sites (”Sites, website”) as a service to the Internet community. The content (images and text) (”Content”) is the property of Metabolink, Inc. and protected by United States and international intellectual property laws. As a user of the Sites, you may download Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with this Service Agreement (”Agreement”) or applicable law, nor may you copy, modify or alter the Content.

The Content and other information presented on the Sites are for educational purposes only. The health care professionals, featured experts and affiliated bloggers do not intend their comments as a substitute for medical counseling. If you are considering starting any diet, wellness or fitness program advocated by one of the contributors to metabolism.com, consult your physician or other health care provider to determine if one or more of our diet and/or fitness programs are right for your needs. Do not start a diet, wellness or fitness program if your physician or health care provider advises against it. Metabolism.com reserves the right to cancel your membership should you violate the terms and conditions of this Agreement and any other posted policy on the Sites. Memberships are non-transferable.

We will use reasonable efforts to include accurate and up-to-date Content and information on the website but cannot guarantee the truthfulness of all statements made on the website. From time-to-time we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave the Metabolink, Inc. Sites for another Web site (”Third Party Site”) which Metabolink, Inc. neither owns nor controls. Metabolink, Inc. shall not be liable to you for your use of a Third Party Site.

Copyright

The entire contents and design of Metabolism.com are protected under U.S. and international copyrights. Posted material may be used freely for personal, research, scientific, and/or information purposes only. Please refer to the copyright notice for more information.

Warranty

WARRANTY LIMITATIONS. (i) METABOLISM.COM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THE USE OF METABOLISM.COM IS AT YOUR OWN RISK; (iii) ACCESS TO METABOLISM.COM MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE; AND (iv) NEITHER METABOLINK, INC., NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING METABOLISM.COM OR THE MATERIALS CONTAINED THEREIN, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE METABOLISM.COM.

At certain points in using the Sites, you will be asked to provide information to us. We collect two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect, includes but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences. We do not sell personally identifiable information. However, from time-to-time we may lease such information (excluding credit card information) to third parties who provide goods or services that may be of interest to you based upon your use of the Sites. Should you not want for us to lease your personally identifiable information, send us an email to help@metabolism.com and state in the body of your email that you do not want for us to share such information. We will not disclose your personally identifiable information in a manner inconsistent with this Agreement or any other posted policy on the Sites unless authorized by you to do so, or as required by law, or to protect our interests. We will not request personally identifiable information, your user name and/or password nor credit card information via email. In the event that you receive any communication that purports to be from Metabolink, Inc. that seeks personally identifiable information, send that request to Metabolink, Inc. via email to info@metabolism.com or by mail to the address stated below.

Using the Blog and Bulletin Board

Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license Metabolink, Inc. to use, reproduce, and create derivative works from information, communications or material. The Company reserves the right to use comments, testimonials and other statements made by you on our Sites including, but not limited to those you may post on our bulletin boards, in our chat rooms, and blogs in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on the Sites or to withdraw, change or add products or services contained within our Sites at any time.

You agree to: (a) maintain all equipment necessary for your access to and use of the Sites; (b) maintain the security of your user identification, password and other confidential information relating to your Metabolink, Inc. account; (c) be responsible for all charges resulting from use of your Metabolink, Inc. account, including unauthorized use prior to your notifying Metabolink, Inc. of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) updating your personal information, including email address.

You may cancel your membership as follows:

By email: send an email to info@metabolism.com. In the text of the body of your email state your first and last name, user name, and intent to cancel. We will not open your email if it contains an attachment.

By mail: mail your letter to Metabolink, Inc 211 Anhinga Lane, Jupiter, Florida 33458 Att: Member Services. Include your first and last name, user name, email address, and your intent to cancel.

Or by following an unsubscribe link at the bottom of any email you might have received from us.

You agree that neither Metabolink, Inc.. nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers (”Released Parties”), shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sites. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys fees and associated costs and expenses) arising from your use of the Sites. . Notwithstanding the foregoing , our total liability to you by any Release Party shall not exceed the fees paid by you to us during your membership with us. In addition, should your claim arise from a purchase made on or through our store, our total damages shall not exceed the cost of the product or service purchased (less shipping and handling). No representations or warranties of any kind, whether express or implied, fitness for a particular purpose, or merchantability are made by us regarding the Sites. We will not be liable to you for any damages, including, direct or indirect, special, incidental, consequential or punitive damages even if we have been advised of the possibility of such damages. Void where prohibited by law.

Metabolink, Inc. may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. Metabolink, Inc. will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email and forward it to help@metabolism.com. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:

Metabolink, Inc.
211 Anhinga Lane
Jupiter, Florida 33458

Governing Law; Jurisdiction; Statute of Limitations.

This Agreement shall be governed by the laws of the State of Florida applicable to agreements wholly made and performed in Florida. In the event that you believe you have been irreparably harmed by any cause of action relating to Metabolism.com, you agree to inform Metabolink, Inc. in writing and grant Metabolink, Inc.. thirty (30) days to cure the harm before initiating any action. Any legal action, suit or proceeding arising out of or relating to this Agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Jupiter, Florida, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within one (1) year after the claim or cause of action has arisen or be barred.

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