Holistic Performance Nutrition™ Terms and Conditions of Membership
By registering as a member you agree to the following terms and conditions.
Definitions. The following terms shall apply to members in good standing, being paid in full and abiding by these terms and conditions. Membership may be terminated at the discretion of Holistic Perfomance Nutrition (CC Industries Limited) without notice.
License Grant. You are hereby granted a personal, non-transferable and non-sublicenseable, nonexclusive, world-wide, royalty free copyright license to use the calories and other calculators contained herein and to freely distribute any ‘free’ programmes, plans or downloads, without alteration. Except for the copyright license above, you are granted no other rights or licenses, by implication, or estoppel, or otherwise, under any patents or other intellectual property rights.
Use of Names and Images. You are hereby granted a personal, non-transferable and non-sublicenseable, nonexclusive, world-wide, royalty free copyright license to use the common HPN™ logo and the terms: Holistic Performance Nutrition Member; Member of Holistic Performance Nutrition; Member of the Holistic Performance Network; Holistic Performance Network Member.
No Warranties. The information, programs and calculators contained herein are provided on an "AS IS" basis and to the maximum extent permitted by applicable law, this material is provided AS IS AND WITH ALL FAULTS, and the authors and developers of this material hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL.
Limitation of Liability. IN NO EVENT WILL ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Redistribution. If you choose to distribute information books, e-books or plans, where allowed by relevant copyright and in accordance with this agreement you must defend and indemnify all authors, developers, licensors, and distributors (the "Indemnified Parties") of the aforementioned products against any losses, damages and costs arising from claims, lawsuits and other legal actions (excluding actions based on intellectual property infringement claims) brought by a third party against the Indemnified Parties to the extent caused by your acts or omissions in connection with your distribution.
No other rights are granted by implication, estoppel or otherwise.
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all your rights under this Agreement terminate, you agree to cease use of the Sample Applications and any derivative works thereof immediately.