Liability & Consent
You acknowledge that your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning or modifying any diet or exercise program that you undertake, and you acknowledge that Nutracarina has advised you of the necessity for obtaining such consultations. In addition, the Service should not be used by pregnant women or individuals under age 18 (or if under 18 years of age, that you are joined herein by a parent or legal guardian) and are otherwise legally qualified to enter into and form contracts under applicable law. The Service is a source of information, but it does not provide medical advice. In no event shall Nutracarina be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Service or any diet, exercise or other activity you undertake in connection with your use of the Service.
Without limitation of the foregoing, Nutracarina and Nutracarina Affiliates make no representations or warranties of any kind regarding the Service or the User Content. The Service and User Content are provided in "AS IS" condition, and Nutracarina and Nutracarina Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. No advice or information, whether oral or written, obtained by you from Nutracarina, any of Nutracarina Affiliates or through the Service or User Content will create any warranty not expressly stated herein.
YOU USE THE SERVICE AND USER CONTENT AT YOUR OWN RISK, AND NEITHER NUTRACARINA NOR NUTRACARINA AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM NUTRACARINA OR NUTRACARINA AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF NUTRACARINA OR NUTRACARINA AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF NUTRACARINA AND NUTRACARINA FOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO NUTRACARINA IN THE THREE (3) MONTHS BEFORE THE LIABILITY IS ALLEGED TO HAVE ARISEN, OR, IF NO AMOUNTS WERE PAID DURING SUCH PERIOD, THE AMOUNT OF $1. THIS LIMITATION WILL APPLY WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless Nutracarina and Nutracarina Affiliates against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with your use of the Service or your breach of any provision of this Agreement. Nutracarina reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Nutracarina with respect to such defense and settlement.
Effective Date of Terms: 5/20/2013; updated 6/19/2013.