Terms of Use

Lastupdated: April 16, 2011

The www.nutribomb.com website is composedand operated by Slight Edge, LLC and/or its affiliates and sponsors.Collectively these will be noted as Nutribomb™ (“Nutribomb”).

TheNutribomb website is offered to you on the condition that you accept theseTerms of Use, without modification of the terms, conditions, and notices herein.Your use of the website constitutes your acceptance of all these terms,conditions, and notices, as well as all our other disclaimer policies.

Wedo not give medical advice. Please check with your personal physician beforestarting any new health related product to make sure it is the right productfor you.

PrivacyPolicy and Protection of Personal Information

Toview the Privacy Policy and our other policies regarding the protection of anduse of your personal information, please visit the Nutribomb website's PrivacyPolicy link.

Table of Contents

1. Definitions

2. Purchased Products, Services andRefunds

3. Use of the Services

4. Communication Utilities

5. Third-Party Providers,Newsletters and Links

6. Proprietary Rightsand Intellectual Property Rights

7. Website Disclaimersand Liability Limitations

8. DMCA Notifications ofClaims of Infringements

9. Confidentiality

10. Terms and Termination

11. General Provisions

1. DEFINITIONS

"Affiliate"means any entity which directly or indirectly controls, is controlled by, or isunder common control with the subject entity. "Control," for purposesof this definition, means direct or indirect ownership or control of more than50% of the voting interests of the subject entity.

"MaliciousCode" means viruses, worms, time bombs, Trojan horses and otherharmful or malicious code, files, scripts, agents or programs.

"PurchasedServices" means products that you or your affiliates purchase under Nutribomb.com.

“Subscriptions” means userswho have registered with NUTRIBOMB for our Newsletter.

"We,""Us" or "Our"means NUTRIBOMB.

"You"or "Your" means the company or other legalentity for which you are accepting this Agreement and affiliates of thatcompany or entity.

"YourData" means all electronic data or information submitted by you.

2. PURCHASED PRODUCTS, SERVICES AND REFUNDS

Weshall make the Purchased Products and Services available to you pursuant tothis Agreement. You agree that your purchases hereunder are neither contingenton the delivery of any future functionality or features nor dependent on anyoral or written public comments made by us regarding future functionality or features.100% unconditional 30 daymoney back guarantee, minus any shipping fees.

3. USE OF THE PRODUCTS AND SERVICES

Weshall use commercially reasonable efforts to make thewebsite available during normal business hours, except for: (a) planneddowntime, of which we shall give at least 8 hours notice via the website, andwhich we shall schedule to the extent practicable during the weekend hours from6:00 pm Friday to 9:00 am Monday, or (b) any unavailability caused bycircumstances beyond our reasonable control, including without limitation, actsof God, acts of government, acts of nature such as: flood, fire, earthquakes,civil unrest, acts of terror, strikes or other labor problems (other than thoseinvolving our employees), or Internet service provider failures or delays, and(ii) provide the Purchased Services only in accordance with applicable laws andgovernment regulations.

Youshall not (a) make the Services available to anyone other than Users, (b) sell,resell, rent or lease the Services, (c) use the Services to store or transmitinfringing, libelous, or otherwise unlawful or tortious material, or to storeor transmit material in violation of third-party privacy rights, (d) use theServices to store or transmit Malicious Code, (e) interfere with or disrupt theintegrity or performance of the Services or third-party data contained therein,or (f) attempt to gain unauthorized access to the Services or their relatedsystems or networks.

UserAccount, Password, Security and UseRestrictions

TheNUTRIBOMB Website is an account-based subscription service. The individual user(You, Your Company or Your Organization) areresponsible for maintaining the privacy of your account and password.You are entirely responsible for any and all activities that occur under youraccount. You agree to immediately notify us of any breach of security orunauthorized use of your account. NUTRIBOMB is not liable for any loss that mayoccur due to the unauthorized, or authorized use of your account or password,with or without your knowledge. You, can however, be held responsible for anyloss that NUTRIBOMB may incur due to the authorized or unauthorized use of youraccount or password with or without your knowledge. You also agree to not useanyone else's account at any time, unless you have received direct writtenconsent from the account holder to do so.

NoUnlawful or Prohibited Use

Partof your agreement with NUTRIBOMB is that you will NOT use the NUTRIBOMB websitefor any purpose that could be deemed unlawful or is prohibited by the terms,conditions, notices, and policies of NUTRIBOMB. Users agree that allinformation given is true and agrees not to falsify any information provided toNUTRIBOMB. You may NOT use the NUTRIBOMB website in a manner which could/maydamage, disable, overburden, or impair any aspect of the NUTRIBOMB website, thenetwork or networks connected to the NUTRIBOMB website, or interfere with anyother party's ability to use or enjoyment of the NUTRIBOMB website. Anyunauthorized attempts to gain access to the NUTRIBOMB website, or otherindividual accounts, any computer systems or networks connected to any NUTRIBOMBwebsite, through any means, including; hacking, password mining, or any othermeans, is strictly prohibited. Further, you may not in any way attempt toobtain any materials or information not intentionally made publically available,throughout the NUTRIBOMB website. NUTRIBOMB is in compliance with therequirements of the CAN-SPAM Act of 2003 (Controlling the Assault ofNon-Solicited Pornography and Marketing Act), and strictly enforces it’santi-spamming policy. Spamming is not tolerated and may be grounds for youraccount and your use of the NUTRIBOMB website to be terminated.

4.Communication Utilities (BLOGGING)

TheNUTRIBOMB website contains online communication with the purpose of enablingyou with limited communication with others viathe Blog feature (These services will be deemed collectively as"Communication Utilities"). You consent to use the Communication Utilitiesonly for their designated purpose, including posting, uploading, downloading, sending,and receiving messages and material that are related and proper to your use ofthe NUTRIBOMB website.

Youagree to not use the Communication Utilities for and not limited to any of thefollowing: Defamation, abuse, harassment, stalking, threatening, or in anyother way violating the legal rights of others. Further you agree to not usethe Communication Utilities to dispense surveys, contests, chain letters,pyramid schemes, junk email, spam, or any other unsolicited messages that arenot directly related to the intended purpose of the NUTRIBOMB website. Do notattempt any of the following: Publish, post, upload, distribute, disseminateany inappropriate, profane, defamatory, infringing, obscene, indecent orunlawful topic, name, material or information. Upload files that containsoftware or other material protected by intellectual property laws (unless youown or control rights or have received the necessary consent to). Upload filesthat contain viruses, Trojan horses, worms, time bombs, cancel bots, corruptedfiles, and/ or any other similar software or programs that may damage theoperation of another's computer or property, or damage the NUTRIBOMB website inany way. Falsify or delete any author attributions, legal or other propernotices or proprietary designations or labels of the origin or source ofsoftware or other material contained in a file that is uploaded. Restrict orinhibit any other user from using and enjoying the Communication Utilities.Violate any code of conduct or other guidelines which may be applicable for anyparticular Communication Utilities. Harvest or otherwise collect informationabout others, including e-mail addresses. Violate any applicable laws orregulations. Create a false identity. Use, download, copy or provide to aperson or entity any directory of users of a NUTRIBOMB Website other user orusage information or any portion thereof. NUTRIBOMB has no obligation tomonitor the Communication Utilities. However, NUTRIBOMB does reserve the rightto review the materials posted to the Communication Utility and to remove anymaterials at our sole discretion. NUTRIBOMB reserves the right to terminateyour ability to access the Communication Utilities at any time, without notice,for any reason whatsoever. NUTRIBOMB also reserves the right to, at all times,disclose any information as NUTRIBOMB deems necessary to satisfy any laws,regulations, legal process or governmental request. To edit, refuse, refuse topost, or remove any information or materials in whole or part, without notice.Caution must always be used when giving out any personally identifiablyinformation about yourself, spouse, or dependants, especially when utilizingthe Communication Utilities. NUTRIBOMB does not endorse or control the content,messages, or any other information sent or received through the CommunicationUtilities, and as such disclaims any liability in relation to the CommunicationUtilities, and any actions resulting from your participation in anyCommunication Utility. Users may not be authorizedspokespersons of NUTRIBOMB, and the views expressed by these individuals may ormay not by endorsed by the NUTRIBOMB Website. Materials uploaded to theCommunication Utilities maybe be subject to limitation on usage, reproduction,or dissemination, you are responsible for adhering to such limitations if youdownload the materials.

SMSand Email Notification

SMS(text messaging) and email notification are additional charges that may beincurred by the user from your individual mobile service provider, NUTRIBOMB isNOT responsible for these charges. NUTRIBOMBwill not be held liable for any SMS errors, delays, missed, deleted or latereceived messages.

MaterialsProvided or Posted

TheNUTRIBOMB Website does not claim ownership or responsibility for any of thematerials provided or posted ("Documents") on the NUTRIBOMB website,including but not limited to any Documents; posted, imputed, uploaded, orsubmitted. However, your submission of said Documents to the NUTRIBOMB website,is your consent, without limitation, of the rights to: copy, distribute,transmit, publicly display, publicly perform, reproduce, edit, translate, andreformat your Documents; and to publish your name, and anyone else's nameassociated/connected with said Documents. The user will receive no compensation(payment) for the posting of said Documents. NUTRIBOMB has no obligation topost or use any of the Documents you provide, and has the right to remove anyDocuments at our discretion. Any of the Documents posted or provided to NUTRIBOMB,by you, is your consent that you control or own the rights to said Documents,and thus take sole responsibility for the content of the Documents, thereforeeliminating NUTRIBOMB for any responsibility or liability from said Documents.

NUTRIBOMBWebsite Content and EndUser Agreement

Allcontent that is made available by NUTRIBOMB to be viewed or downloaded,excluding content posted by the end user, is owned by and is the strictcopyrighted work of NUTRIBOMB, and is protected by all copyright laws andinternational treaty provisions. Your use of the website, as an end user isgoverned by the regulations outlined in this Terms of Use and all otherpolicies, notices, licensing and legal documents, that you, as the end user,are agreeing to, by your utilization of the NUTRIBOMB website. If you do notconsent or disagree with any of the rules outlined in any of the end useragreements, you must cease all use of the NUTRIBOMB website immediately. Any reproductionor redistribution of the content and/or software and/or any other aspect of theNUTRIBOMB products are expressly prohibited by law, and may result in severecivil and criminal penalties. Violators will be prosecuted to the maximumextent possible.

5. THIRD-PARTY PROVIDERS, OURNEWSLETTER AND LINKS

Certainportions of the website and certain offerings (i.e. newsletters, articles,blog, commentaries, etc.) may contain a discussion of, and/or provide accessto, positions of Nutribomb.com or its Affiliates and/or their “picks” orrecommendations. Due to various factors, recommendations may only be valid fora specific moment in time. Thus, each user hereby agrees to independentlyevaluate and determine whether to act upon any such information.

Any other acquisition by you ofthird-party products or services, including but not limited to Third-PartyApplications and implementation, customization and other consulting services,and any exchange of data between you and any third-party provider, is solelybetween you and the applicablethird-party provider. We do not warrant or support third-party products orservices, whether or not they are designated by us as “certified.” No purchaseof third-party products or services is required to use our Services.

Ifyou install or enable Third-Party applications for use with our services, youacknowledge that we may allow providers of those Third-Party applications toaccess Your Data as required for the interoperation of such Third-Party applicationswith the Services. We shall not be responsible for any disclosure, modificationor deletion of Your Data resulting from any such access by Third-Party applicationproviders. The Services shall allow you to restrict such access by restrictingusers from installing or enabling such Third-Party applications for use withthe Services.

6. PROPRIETARYRIGHTS AND INTELLECTUAL PROPERTY

Youruse of our website and services is your consent to allow NUTRIBOMB to use yourbusiness name and business logos for NUTRIBOMB promotional purposes. NUTRIBOMBwill only use this information as it relates to your use of our services withinthe scope of this Terms of Use.

Reservation of Rights. Subject to the limitedrights expressly granted hereunder, we reserve all rights, title and interestin and to the Services, including all related intellectual property rights. Norights are granted to you hereunder other than as expressly set forth herein.

Restrictions. You shall not (i) permit any thirdparty to access the Services except as permitted herein or in an Order Form, (ii)create derivate works based on the Services, (iii) copy, frame or mirror anypart or content of the Services, other than copying or framing on your ownintranets or otherwise for your own internal business purposes, (iv) reverseengineer the Services, or (v) access the Services in order to (a) build acompetitive product or service, or (b) copy any features, functions or graphicsof the Services.

Ownership of Your Data. As between us and you, youexclusively own all rights, title and interest in and to all of Your Data.

Suggestions.You agree to grant to NUTRIBOMB anon-exclusive, worldwide, royalty-free, perpetual license, with the right tosublicense, to reproduce, distribute, transmit, create derivative works of,publicly display and publicly perform any materials and other information(including, without limitation, ideas contained therein for new or improvedproducts or services) you submit to public areas of NUTRIBOMB (such as blogsand chat rooms) by all means and in any media now known or hereafter developed.You hereby waive all rights, legal, moral or otherwise, in any such materialsand information, and you hereby warrant that any such materials and informationare original with you, or that you have the right to submit such materials andinformation. You agree that you shall have no recourse against NUTRIBOMB forany alleged or actual infringement or misappropriation of any proprietary rightin your communication.

Operation. NUTRIBOMB reserves complete and solediscretion with respect to the operation of the NUTRIBOMB website. NUTRIBOMBmay, among other things: (a) delete communications posted as violating establishedNUTRIBOMB policies; (b) make available to third parties information relating toNUTRIBOMB and Users; and (c) withdraw, suspend or discontinue any functionalityor feature of NUTRIBOMB. NUTRIBOMB assumes no responsibility or liability forany content or activity, lawful or otherwise, occurring at any time on NUTRIBOMB’swebsite.

NUTRIBOMB may, in its complete and sole discretion, reviewuploaded files and postings on its blog, and may authorize restrictions onaccess thereto.

Content. Statements made in websites, newsgroups,message boards, email, forums, conferences and chats reflect only the views oftheir authors. Forum managers, forumhosts, or Merchants appearing on NUTRIBOMB’swebsite or posting on its blog are not authorized NUTRIBOMB spokespersons, andtheir views do not necessarily reflect those of NUTRIBOMB.

Copyright. The entire contents of NUTRIBOMB websiteare copyrighted as a collective work under the laws of United States of Americaand other copyright laws. NUTRIBOMB holds the copyright in the website’s collectivework. The collective work includes works which are the property of theInformation Providers which are also protected by copyright and otherintellectual property laws.

You may display (conditional upon any expressly statedrestrictions or limitations relating to specific material) download portions ofthe material from the different areas of NUTRIBOMB solely for your ownnon-commercial use, unless otherwise permitted. Any redistributionretransmission or publication of any copyrighted material is strictlyprohibited without the express written consent of the copyright owner. This includesany of the paid services or videos. You agree not to change or delete anyproprietary notices from materials downloaded from NUTRIBOMB.

Other Sites.You are encouraged to usediscretion while browsing the Internet on searches initiated at NUTRIBOMB. NUTRIBOMBlinks may lead unintentionally to sites containing information that some peoplemay find inappropriate or offensive. It may also lead to sites which containinaccurate information, false or misleading advertising, or information whichviolates copyright, libel or defamation laws. NUTRIBOMB and information providersmake no representations concerning any effort to review all of the content ofsites linked from its website.

Review ofPostings and Uploads. NUTRIBOMBdoes not and cannot review all communications, videos and materials posted oruploaded to NUTRIBOMB and are not responsible for the content of thesecommunications and materials. However, NUTRIBOMB reserves the right to block orremove communications or materials that it determines, upon being made aware ofany matters it deems inappropriate, and in its sole discretion, to be (a)abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, ormisleading, (c) in violation of a copyright or trademark, other intellectualproperty right of another or (d) offensive or otherwise unacceptable to NUTRIBOMB.

ANY MESSAGES, ADVICE,OPINIONS OR OTHER INFORMATION SHOULD NOT BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICEOR INSTRUCTION NOR THE OPINION OF ANYONE IN ANY WAY AFFILIATED WITH NUTRIBOMB ORITS INFORMATION PROVIDERS, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES, OR OTHER STAFF AND AGENTS.

You are responsible for your communications and your use ofNUTRIBOMB. You may not, under any circumstances, do any of the following: (a)use simultaneous, unattended or continuous connections to NUTRIBOMB with oneaccount; (b) post or transmit any message which is libelous or defamatory; (c)post or transmit any message, data, image or program which is indecent, obsceneor pornographic; (d) post or transmit any message, data, image or program thatwould violate the property rights of others, including unauthorized copyrightedtext, images or programs, trade secrets or other confidential proprietaryinformation, and trademarks or service marks used in an infringing fashion; (e)use NUTRIBOMB to threaten, harass, stalk, abuse, or otherwise violate the legalrights (including rights of privacy and publicity) of others; (f) intercept orattempt to intercept email or other private communications not intended foryou; (g) send email to users or other Internet users for any purpose other thanpersonal communication, including to advertise or offer to unsolicited sellgoods or services to other Users, use as a mass unsolicited distribution mediumto communicate a generally unsolicited message, or use your email account as anaddress to which users or other Internet users need to respond (except asotherwise expressly permitted by NUTRIBOMB; (h) send unsolicited email messagesthrough third-party mail servers in order to relay your email or hide theorigination of your email to others; (i) upload or download files that containsoftware or other material protected by intellectual property laws, rights ofprivacy or publicity, or any other applicable law unless you own or control therights to such files or have received all necessary consents; (j) upload filesthat contain a virus or corrupted data; (k) delete any author attributions,legal notices or proprietary designations or labels in a file that you upload;(l) falsify the source or origin of software or other material contained in afile that you upload; (m) use NUTRIBOMB in a manner that adversely affects theavailability of its resources to other Users; (n) use, download or otherwisecopy, or provide (whether or not for a fee) to a person or entity that is not asubscriber to NUTRIBOMB the User directory or any portion thereof other thanfor personal, noncommercial purposes (except as otherwise expressly permittedby NUTRIBOMB); (o) falsely purport to be an employee or agent of NUTRIBOMB (p)cause repeated disruptive incidents; or (q) act, or fail to act, in your use ofNUTRIBOMB, in a manner that is contrary to applicable law or regulation.

In addition, you may not post or transmit any message whichis harmful, threatening, abusive or hateful. It is not the intent of NUTRIBOMBto discourage users from taking controversial positions or expressingvigorously what may be unpopular views at NUTRIBOMB, nonetheless, NUTRIBOMBreserves the right to take such action as it deems appropriate in cases where NUTRIBOMBis used to disseminate statements which are deeply and widely offensive and/orharmful. Each time you upload a file on NUTRIBOMB, you represent and warrantthat you own or otherwise control the rights or have the necessary consents todo so, and you grant every other user the right to download and use such file.Your failure to observe any of the foregoing limitations or obligations mayresult in civil or criminal liability. To the extent that you are uncertainwhether what you seek to say or do on NUTRIBOMB may fall into one of the aboveprohibited categories, you should assume it would violate this paragraph andyou should not engage in that conduct.

7. WEBSITEDISCLAIMERS AND LIABILITY LIMITATIONS

Youruse of our website or any of the information, links, products or servicesoffered on this Site is subject to these Terms of Use and is “as is.” The NUTRIBOMBWebsite, at its sole discretion, may change the Terms of Use, conditions and operationof this website at anytime without notice to you. By using this Site and/or anyof its Services, you agree to these Terms, including any modifications we make,and further waive any rights or claims you may have against us.

1. Some of the Services may be subject to additional posted conditions, such as payment. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
2. The content available through the website is the sole property of NUTRIBOMB or its advertisers, suppliers or licensors. All material published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content received through the site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by NUTRIBOMB or our advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, reverse engineer, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the site to anyone without our express prior written consent.
3. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
4. Testimonial posts are factual and said results may not be typical to your individual experience or results, nor may your earnings expectations and results be the same of other users. Individual results will always vary and are not guaranteed by NUTRIBOMB.
5. Our site may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third party content or a link to a third party site is not an endorsement of that content or third party site.
6. By using this site, you agree under penalty of perjury to make the following statements:
7. I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
8. Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
9. I believe I have the unalienable right to read and/or view any type of material I choose.
10. I am aware of the standards of my local community with respect to the materials offered on this site; I am familiar with the materials offered by this site; and I represent, warrant and certify that the links, information, and use of materials on this site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this site, I agree to no longer access this site.
11. I recognize that this site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
12. By viewing and/or using this site, you agree that NUTRIBOMB will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this site. You agree to defend, indemnify and hold harmless NUTRIBOMB, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of the site, including without limitation claims made by third parties related to your use of the site.
13. We and our advertisers, suppliers and licensors provide this website on an "as is" and "as provided" basis, without any warranty or condition of any kind, express or implied, and specifically disclaim any implied warranties of non-infringement, title, merchantability, fitness for a particular purpose and availability of the site or services. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We make no representation that the site and/or services will be uninterrupted or error, force majeure, bug or virus free and shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties, access delays, any interruption and/or data delivery, non-delivery, mis-delivery, corruption, destruction, or events.
14. Without limiting the foregoing, we shall not be liable to you or your business for any indirect, incidental, consequential, exemplary, special, or punitive damages or lost or imputed profits or royalties arising out of your use of this site or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby waive any claim that these exclusions deprive you of an adequate remedy. In no event shall either party's aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you hereunder in the 12 months preceding the incident.
15. Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our site.
16. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site, services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. You will indemnify NUTRIBOMB for any expenses NUTRIBOMB may incur resulting from your violation of this Agreement, including, without limitation, any fines, fees, legal expenses, and labor for investigation and resolution.

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NUTRIBOMBAND ITS SUPPLIERS EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS OR IMPLIEDCONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION, ANYIMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, OR NON-INFRINGEMENT TO THE EXTENT APPLICABLE BY LAW. IN NO EVENT IS NUTRIBOMBOR ITS SUPPLIERS LIABLE FOR ANY BUSINESS INTERRUPTION, LOST PROFIT, REVENUE,DATA OR DATA RECONSTRUCTION, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGESHOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,OPERATION OF LAW OR OTHERWISE, EVEN IF NUTRIBOMB OR ITS SUPPLIERS HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NUTRIBOMB,WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW OROTHERWISE SHALL NOT EXCEED THE FEES PAID TO NUTRIBOMB BY THE CLIENT FOR THE SIXMONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THEPARTIES ACKNOWLEDGE THAT NUTRIBOMB HAS SET ITS PRICES AND ENTERED INTO THISAGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OFWARRANTIES AND DAMAGES SET FORTH HEREIN.

8. DMCA Notifications of Claims of Infringement

Ifyou believe that your work has been copied in a way that constitutes copyrightinfringement, or your intellectual property rights have been otherwiseviolated, please notify our agent for notice of claims of copyright or otherintellectual property infringement ("Agent"), at our “Contact Us” page.

Pleaseprovide our Agent with the following Notice:

1. Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
2. 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;
3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.

Wewill remove the infringing posting(s), subject to the procedures outlined inthe Digital Millennium Copyright Act (DMCA).

9. CONFIDENTIALTY

As used herein, "ConfidentialInformation" means allconfidential information disclosed by a party (" Disclosing Party")to the other party (" Receiving Party"), whether orally or inwriting, that is designated as confidential or that reasonably should beunderstood to be confidential given the nature of the information and thecircumstances of disclosure. Your Confidential Information shall include YourData; Our Confidential Information shall include the Services; and ConfidentialInformation of each party shall include the terms and conditions of thisAgreement, as well as business and marketing plans, technology and technicalinformation, product plans and designs, and business processes disclosed bysuch party. However, Confidential Information (other than Your Data) shall notinclude any information that (i) is or becomes generally known to the publicwithout breach of any obligation owed to the Disclosing Party, (ii) was knownto the Receiving Party prior to its disclosure by the Disclosing Party withoutbreach of any obligation owed to the Disclosing Party, (iii) is received from athird party without breach of any obligation owed to the Disclosing Party, or(iv) was independently developed by the Receiving Party.

Exceptas otherwise permitted in writing by the Disclosing Party, (i) the ReceivingParty shall use the same degree of care that it uses to protect theconfidentiality of its own confidential information of like kind (but in noevent less than reasonable care) not to disclose or use any ConfidentialInformation of the Disclosing Party for any purpose outside the scope of thisAgreement, and (ii) the Receiving Party shall limit access to ConfidentialInformation of the Disclosing Party to those of its employees, contractors andagents who need such access for purposes consistent with this Agreement and whohave signed confidentiality agreements with the Receiving Party containingprotections no less stringent than those herein.

Withoutlimiting the above, we shall maintain appropriate administrative, physical, andtechnical safeguards for protection of the security, confidentiality andintegrity of Your Data. We shall not (a) modify Your Data, (b) disclose YourData except as compelled by law or as expressly permitted in writing by you, or(c) access Your Data except to provide the Services or prevent or addressservice or technical problems, or at your request in connection with customersupport matters.

TheReceiving Party may disclose Confidential Information of the Disclosing Partyif it is compelled by law to do so, provided the Receiving Party gives the DisclosingParty prior notice of such compelled disclosure (to the extent legallypermitted) and reasonable assistance, at the Disclosing Party's cost, if theDisclosing Party wishes to contest the disclosure. If the Receiving Party iscompelled by law to disclose the Disclosing Party’s Confidential Information aspart of a civil proceeding to which the Disclosing Party is a party, and theDisclosing Party is not contesting the disclosure, the Disclosing Party willreimburse the Receiving Party for its reasonable cost of compiling andproviding secure access to such Confidential Information.

10. TERMS ANDTERMINATION

Aparty may terminate this Agreement for cause: (i) upon 30 days written noticeto the other party of a material breach if such breach remains uncured at theexpiration of such period, or (ii) if the other party becomes the subject of apetition in bankruptcy or any other proceeding relating to insolvency,receivership, liquidation or assignment for the benefit of creditors.

11. GENERALPROVISIONS

SoftwareMalfunction or Website Interruption

NUTRIBOMBwill make its best efforts to maintain its products and services as operationalat all times. We are not liable for any known or unknown interruptions in ourproducts, the website or its services. You agree to defend, indemnify and holdharmless NUTRIBOMB, its employees, directors, shareholders, members, officers,agents, subsidiaries and affiliates from any and all claims, losses, damages,causes of action, liabilities and expenses (including reasonable attorneys'fees) related to or arising out of any software malfunctions or website serviceinterruption, including without limitation claims made by third parties relatedto your use of the site.

Jurisdiction

Byvisiting this website you agree that in all matters relating to this website,you shall be governed by the laws of California,USA,as applicable. You may not use this website if law prohibits you from doing soin the country in which you reside. Each party agrees to the applicablegoverning law above without regard to choice or conflicts of law rules, and tothe exclusive jurisdiction of the applicable courts above. Each party herebywaives any right to jury trial in connection with any action or litigation inany way arising out of or related to this Agreement.

Arbitration

If a disputed issue is not resolvedwithin ten (10) days, then the resolution of the dispute shall be referred to anArbitrator chosen by the parties. If the parties are unable to resolveany dispute with the assistance of the Arbitrator within fifteen (15) days ofthe appointment thereof, the dispute shall be settled by arbitration. The awardof the arbitration shall be final and binding upon the parties, and enforceablein any court of competent jurisdiction. The venue for any arbitration hereundershall be California.Nothing in this section shall defer or interfere with the entitlement of eitherparty to obtain injunctive relief.

Notice

Whoyou are contracting with under this Agreement, who you should direct notices tounder this Agreement, what law will apply in any lawsuit arising out of or inconnection with this Agreement, and which courts can adjudicate any suchlawsuit, shall be governed byand construed in accordance with the laws of California. You agree that any legal action orproceeding between NUTRIBOMB and you for any purpose concerning this Agreementor the parties' obligations hereunder shall be brought exclusively in a courtof competent jurisdiction for California. Any cause of action or claim you mayhave with respect to NUTRIBOMB must be commenced within one (1) year after theclaim or cause of action arises. NUTRIBOMB's failure to insist upon or enforcestrict performance of any provision of this Agreement shall not be construed asa waiver of any provision or right. Neither the course of conduct between theparties nor trade practice shall act to modify any provision of this Agreement.NUTRIBOMB may assign its rights and duties under this Agreement to any party atany time without notice to you.

Exceptas otherwise specified in this Agreement, all notices, permissions andapprovals hereunder shall be in writing and shall be deemed to have been givenupon: (i) personal delivery, (ii) the second business day after mailing, (iii)the second business day after sending by confirmed facsimile, or (iv) the firstbusiness day after sending by email (provided email shall not be sufficient fornotices of termination or an indemnification claim). Notices to you shall beaddressed to the system administrator designated by you for your relevantServices account, and in the case of billing-related notices, to the relevantbilling contact designated by you.

Notices should be addressed to:

www.Nutribomb.com

Attn: Slight Edge, LLC
Address: 3240 Heights Dr.Cameron Park CA 95682

ThisSite is a Venue

Weare not involved in the actual transaction between users even though we mayprovide products and services. As a result, the quality, reliability, safety orlegality of these is the responsibility of the user.

NoAgency

Ourrelationship is that of independent contractors, and no agency, partnership,joint venture, employee-employer or franchiser-franchisee relations is intendedor created by these Terms or your use of the site.

Force Majeure

Neitherparty is liable for an omission or delay in the execution of its obligationshereunder caused by an event beyond its reasonable control. The time for theperformance of the obligation that is so delayed shall be extended by areasonable time, provided that payments shall not be delayed.

Severability

Ifany provision of this Agreement is held by a court of competent jurisdiction tobe contrary to law, the provision shall be modified by the court andinterpreted so as best to accomplish the objectives of the original provisionto the fullest extent permitted by law, and the remaining provisions of thisAgreement shall remain in effect. The provisions of this Agreement pertainingto Confidential Information, privacy, and use restrictions shall survive thetermination of this Agreement. Other sections pertaining to rights andobligations which by their nature should survive termination are herebyconfirmed to so survive.

Attorney Fees

Youshall pay on demand all of our reasonable attorney fees and other costsincurred by us to collect any fees or charges due us under this Agreement. Anydisputes that may arise from these Terms and Conditions of Use shall begoverned by the Laws of the State of California,and subject to the Jurisdiction of their Courts.

Prior Agreement

This Agreement contains the complete andexclusive statement of the agreement between the parties and supersedes allprior and contemporaneous agreements, purchase orders, understandings,proposals, negotiations, representations or warranties of any kind whetherwritten or oral. No oral or written representation that is not expresslycontained in this Agreement is binding on either party.

Assignment

Neitherparty may assign any of its rights or obligations hereunder, whether byoperation of law or otherwise, without the prior written consent of the otherparty (not to be unreasonably withheld). Notwithstanding the foregoing, eitherparty may assign this Agreement in its entirety, without consent of the otherparty, to its affiliate or in connection with a merger, acquisition, corporatereorganization, or sale of all or substantially all of its assets not involvinga direct competitor of the other party. A party’s sole remedy for any purportedassignment by the other party in breach of this paragraph shall be, at thenon-assigning party’s election, termination of this Agreement upon writtennotice to the assigning party. In the event of such a termination, we will NOTrefund to you any prepaid fees covering the remainder of the term of allsubscriptions after the effective date of termination. Subject to theforegoing, this Agreement shall bind and inure to the benefit of the parties,their respective successors and permitted assigns.

Termination/Access Restriction

TheseTerms of Use constitute the entire agreement between this site and you withrespect to your use of this website. We may immediately terminate any user'saccess to or use of the site due to such user's breach of these Terms of Use orother unauthorized use of the site. Any cause of action you may have hereunderor with respect to your use of the site must be commenced within one (1) yearafter the claim or cause of action arises. Our failure to exercise or enforceany right or provision of these Terms shall not constitute a waiver of any suchright or provision. If for any reason a court of competent jurisdiction findsany provision of these Terms, or portion thereof, to be unenforceable, thatprovision shall be enforced to the maximum extent permissible so as to effectthe intent of these Terms, and the remainder of these Terms shall continue infull force and effect.

Modificationof Terms of Use and Fees

Wereserve the right to change the terms, notices, and conditions of services, ofthe NUTRIBOMB website, including but not limited to, the services/sitesoffered, and the charges that you may incur in the future. You will be given 30days notice of any fee increase with the option to decline such fee and ceaseuse of our products and services. It is solely your responsibility to regularlyreview these Terms of Use and the other Policies of the NUTRIBOMB website, toensure you are up to date with all the terms, conditions, and charges,associated with NUTRIBOMB. Your continued use of the NUTRIBOMB website,signifies your consent and agreement to all NUTRIBOMB policies, terms, conditions,and notices.

ContactInformation

Ifyou have questions or concerns regarding these terms, you should email NUTRIBOMBat our “Contact Us” page.