PLEASE READ THESE TERMS OF SERVICE CAREFULLY
BEFORE USING THIS SITE.
As used herein, the phrase "this Site"
refers to giantnutrition.net and other sites on the
World Wide Web originating in the United States
which are owned and/or operated by Proviant Technologies,
Inc. By using or accessing this Site, you indicate
your acceptance of these Terms of Service. If
you do not agree to these Terms of Service, you
have no right or license to access this Site and
you should not do so.
Giant Nutrition reserves the right, in its sole discretion,
to change, modify or otherwise update these Terms
of Service at any time, or to impose new conditions,
including, but not limited to, adding fees and
charges for use. Such changes, modifications,
updates or additions shall be effective immediately
upon notice thereof, which may be given by means
including, but not limited to, posting on this
Site, or by electronic or conventional mail, or
by any other means by which you obtain notice
thereof. Your use of this Site after such notice
shall be deemed to constitute your acceptance
of such changes, modifications, updates or additions.
Giant Nutrition may change, suspend or discontinue
any aspect of the Site at any time, including
the availability of any feature or content. Giant Nutrition
may also impose limits on certain features and
services or restrict your access to parts or the
entire Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this Site (including
but not limited to articles, photographs, images,
illustrations, audio clips and video clips) are
protected by copyrights which are owned and controlled
by Giant Nutrition, Proviant Technologies, Inc. or
the party credited as the provider of the material.
The entire contents of Giant Nutrition.com are also
copyrighted as a collective work under the United
States copyright laws, and the selection, coordination,
arrangement and enhancement of such content are
protected by copyright laws. You shall abide by
all copyright notices and other restrictions contained
in any material accessed through the Site. No
material from this Site or any Web site owned,
operated, licensed, or controlled by Proviant
Technologies Inc. may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy
of the materials on any single computer for your
personal, noncommercial home use, and may print
one hard copy of the material on this Site for
your personal, noncommercial use, provided you
keep intact all copyright and other proprietary
notices. You acknowledge that you do not acquire
any ownership rights by downloading or printing
copyrighted material. Modification of the materials
or use of the materials for any purpose other
than personal, noncommercial use is a violation
of the respective owners' copyrights and other
proprietary rights. The use of any such material
on any other Web site or networked computer environment
is prohibited.
All trademarks, service marks, and trade names
are proprietary to Giant Nutrition, Proviant Technologies
Inc. or the other designated owner of a posted
mark. Elements of this Site are protected by trade
dress and other laws and may not be copied or
imitated in whole or in part.
SUBMISSIONS AND PUBLIC FORUMS
This Site may include chat areas, message boards,
e-mail and other interactive functions ("Forums")
which allow feedback and submissions to Giant Nutrition
and real-time interaction between users. Only
registered users who have expressly indicated
their agreement to these Terms & Conditions
may use any of these Forums. Registration consists
of identifying oneself, giving a screen name and
password, and expressly indicating by means of
clicking on an applicable box or boxes the user's
acceptance of these Terms & Conditions. Terms
& Conditions directly applicable to use of
such Forums include the following:
1. You understand that all information, data,
text, software, music, sound, photographs, graphics,
video, messages, communications or other materials
("Content"), whether publicly posted
or privately transmitted, that you submit to any
of the Forums are your sole responsibility. This
means that you, and not Giant Nutrition, are entirely
responsible for all Content that you upload, post,
email or otherwise transmit via the Forums.
2. Giant Nutrition does not endorse or control the
Content delivered to this Site, and Giant Nutrition
has no obligation to monitor such Content. As
such, Giant Nutrition does not guarantee the accuracy,
integrity or quality of any such Content. However,
reserves the right (but not the obligation) in
its sole discretion to edit, refuse to post or
to delete any Content, in whole or in part, that
is in violation of these Terms of Service or that
it deems to be objectionable or unacceptable for
any reason whatsoever.
3. Giant Nutrition further reserves the right at
all times to preserve any Content or to disclose
any Content as necessary to satisfy any law, regulation
or governmental request or any good faith belief
that such preservation or disclosure is necessary
to (a) comply with legal process; (b) enforce
these Terms of Service; (c) respond to claims
that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal
safety of Giant Nutrition, its users and the public.
4. You understand that by using the Site, including
its Forums, you may be exposed to Content that
is offensive, indecent or objectionable. Under
no circumstances will Giant Nutrition, Proviant Technologies
Inc. or any of their officers, directors, employees
or agents be liable in any way for any Content,
including, but not limited to, for any errors
or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise
transmitted via the Site, including its Forums.
5. It is a condition of your access and use
of this Site that you do not:
- Restrict or inhibit any other user from using
and enjoying this Site;
- Harm minors in any way;
- Impersonate any person or entity, including,
but not limited to, an employee or representative
of Giant Nutrition, Proviant Technologies Inc.,
other divisions of Proviant Technologies Inc.,
or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted by means of this Site;
- Upload, post, email or otherwise distribute,
publish or transmit on this Site any Content
that you do not have a right to transmit under
any law or under contractual or fiduciary relationships
(such as inside information, proprietary and
confidential information learned or disclosed
as part of employment relationships or under
nondisclosure agreements);
- Upload, post, email or otherwise distribute,
publish or transmit on this Site any unlawful,
harmful, threatening, abusive, harassing, invasive
of another's privacy, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation
any transmission constituting or encouraging
conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate
any local, state, national or foreign law;
- Upload, post, email or otherwise distribute,
publish or transmit on this Site any information,
software or other material which violates or
infringes upon the rights of others, including
material which is an invasion of privacy or
publicity rights or which is protected by patent,
copyright, trademark, trade secret or other
proprietary right, or derivative works with
respect thereto, without first obtaining permission
from the owner or right holder;
- Upload, post, email or otherwise distribute,
publish or transmit on this Site any information,
software or other material which contains a
virus or any other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or hardware
or telecommunications equipment, or any other
harmful component; or
- Upload, post, email or otherwise distribute,
publish or transmit on this Site or in any way
exploit any information, software or other material
for commercial purposes or which contains any
form of solicitation (including, but not limited
to, "junk mail," "spam,"
"chain letters," and "pyramid
schemes"), advertising, promotion or marketing
for goods or services;
- Disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other
users of the Site are able to type, or otherwise
act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- Interfere with or disrupt the Site or servers
or networks serving the Site, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Site;
- Intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations
having the force of law;
- "Stalk" or otherwise harass another;
or
- Collect or store personal data about other
users.
6. By posting or submitting any materials (including
but not limited to any remarks, ideas, graphics,
photos, comments, product concepts, advertising
concepts or ideas, and suggestions for improving
or changing existing content) to this Site, you
automatically grant (or warrant that the owner
of such rights has expressly granted) to Giant Nutrition
a royalty-free, nonexclusive, perpetual and irrevocable
right and license to use, reproduce, modify, publish
and distribute such materials or incorporate such
materials into any form or technology now known
or later developed, and you waive any moral rights
you may have in having the material altered or
changed in a manner not agreeable to you.
7. You warrant that any materials you upload,
post, email or otherwise distribute, publish or
transmit on this Site contains nothing that will
give rise to civil liability or otherwise violate
any local, state, national or foreign law, including
nothing that is harmful, threatening, abusive,
harassing, invasive of another's privacy or publicity
rights, defamatory, obscene, vulgar, pornographic,
profane or indecent, or that constitutes an infringement
of anyone's patent, copyright, trademark, trade
secret or other proprietary right, or derivative
rights with respect thereto.
LINKED SITES
Giant Nutrition may contain links and pointers to
Internet sites maintained by others ("Third
Party Sites"). The appearance of a link does
not imply Giant Nutrition's endorsement. Giant Nutrition
has not reviewed all of the Third Party Sites
linked to the Site and is not responsible for
the contents of or any products or services offered
in such Third Party Sites. You access them at
your sole risk, and you should direct any concerns
regarding any Third Party Site to its site administrator
or Webmaster.
JURISDICTIONAL ISSUES
The Site is controlled and operated by
Proviant Technologies Inc. from its headquarters
in Champaign County, Illinois, United States of
America. Giant Nutrition makes no representation that
materials in the Site are appropriate or available
for use in other locations. Those who choose to
access this Site from other locations do so on
their own initiative and are responsible for compliance
with local laws, if and to the extent local laws
are applicable.
This agreement shall be governed by, construed
and enforced in accordance with the laws of the
State of Illinois, without giving effect to any
principles of conflicts of law, except as to any
provisions which may be governed by the laws of
the United States, in which case the latter shall
govern. You agree that any action at law or in
equity arising out of or relating to these terms
shall be filed only in the state or federal courts
located in Champaign, Illinois and you hereby
consent and submit to the personal jurisdiction
of such courts for the purposes of litigating
any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable from this
agreement and shall not affect the validity and
enforceability of any remaining provisions. These
Terms of Service, together with any other terms,
conditions or policies set forth elsewhere in
this Site, constitute the entire agreement between
you and Giant Nutrition in connection with your access
and use of this Site.
Giant Nutrition may, in its sole discretion, terminate
or suspend your access to all or part of this
Site for any reason, including, without limitation,
failure to comply with any of these Terms of Service.
Upon termination, you must destroy all materials
obtained from this Site and all copies thereof,
whether made under the terms of this agreement
or otherwise. In the event of termination, you
are no longer authorized to access or use this
Site, and the restrictions imposed on you with
respect to materials downloaded from this Site
and the disclaimers and limitations of liabilities
set forth in this agreement shall survive.
DISCLAIMER
Your access to and use of this Site is at your
sole risk. If you are dissatisfied with any of
the materials contained in this Site, or with
any of these Terms of Service, your sole and exclusive
remedy is to discontinue accessing and using this
Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE
SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, Giant Nutrition AND ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB
SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT
IS LINKED. Giant Nutrition DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE CORRECTNESS,
ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION,
OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE.
Giant Nutrition DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable
law, Giant Nutrition and all employees, officers,
directors, employees, agents, information providers,
affiliates, licensors and licensees (all of the
foregoing, collectively, the "Indemnified
Parties") shall in no event be liable for
any claims, charges, demands, damages, liabilities,
losses, or expenses of whatever nature and howsoever
arising, including without limitation any compensatory,
incidental, direct, indirect, special, punitive,
or consequential damages, loss of use, loss of
data, loss caused by a computer or electronic
virus, loss of income or profit, loss of or damage
to property, claims of third parties, or other
losses of any kind or character, even if Giant Nutrition
or the Indemnified Parties have been advised of
the possibility of such damages or losses, arising
out of or in connection with the use of this Site
or any Web site with which it is linked. You assume
total responsibility for establishing such procedures
for data backup and virus checking as you consider
necessary.
You hereby agree to indemnify, defend and hold
harmless Giant Nutrition and the Indemnified Parties
from and against any and all claims, charges,
demands, damages, liabilities, losses, and expenses
of whatever nature and howsoever arising (including
but not limited to any legal or other professional
fees and the costs of defending or prosecuting
any claim and any loss of profit, goodwill, and
any other direct or consequential loss) incurred
or suffered by Giant Nutrition and the Indemnified
Parties, directly or indirectly, by reason of
any act or omission which you commit in breach
of these Terms of Service (including but not limited
to your obligations, representations and warranties
contained herein) and any other terms and conditions
or policies set forth elsewhere in this Site.
You shall cooperate as fully as reasonably required
in the defense of any claim. Giant Nutrition reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you.
Because you have acknowledged that, at its sole
discretion and for any reason, Giant Nutrition may
edit, refuse to post or to delete any Content
that you post, in whole or in part, and may terminate
or suspend your access to all or part of this
Site, that you have granted (or warranted that
the owner of such rights has expressly granted)
to Giant Nutrition a royalty-free, nonexclusive, perpetual
and irrevocable right and license to use, reproduce,
modify, publish and distribute any Content that
you post, such materials or incorporate such materials
into any form or technology now known or later
developed, and that you have waived any moral
rights you may have in such Content, you hereby
agree that if you unsuccessfully prosecute a claim
against Giant Nutrition and/or any of the Indemnified
Parties that arises from its exercise of its rights
to edit, refuse to post or to delete any Content
that you post, to terminate or suspend your access
to all or part of this Site, to use its royalty-free,
nonexclusive, perpetual and irrevocable right
and license to use, reproduce, modify, publish
and distribute any Content that you post, or seeking
to recover for violation of your moral rights,
you agree to reimburse Giant Nutrition and/or the
Indemnified Parties for all costs of defending
any such claim, including but not limited to any
legal or other professional fees).
REGISTRATION/SUBSCRIPTION
As part of the registration process, you will
select a password and a subscriber ID. You also
have to give us certain registration information,
all of which must be accurate and updated.
a. You may not (i) select or use a subscriber
ID of another person with the intent to impersonate
that person; (ii) use a subscriber ID in which
another person has rights without such person's
authorization; or (iii) use a subscriber ID that
Giant Nutrition, in its sole discretion, deems offensive.
Failure to comply with the foregoing shall constitute
a breach of this Agreement, which may result in
immediate termination of your account.
b. You shall be responsible for maintaining the
confidentiality of your password, which you will
not have to reveal to any representative or agent
of Giant Nutrition.
c. You shall notify Giant Nutrition via the contact
form located here of
any known or suspected unauthorized use(s) of
your account, or any known or suspected breach
of security, including loss, theft, or unauthorized
disclosure of your password.
d. You may share your password and subscriber
ID with others, but you are responsible for all
usage or activity on your Giant Nutrition.com account,
including use of the account by any third party
authorized by you to use your subscriber ID and
password. Any fraudulent, abusive, or otherwise
illegal activity may be grounds for termination
of your account, at Giant Nutrition's sole discretion,
and Giant Nutrition may refer you to appropriate law
enforcement agencies.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download
from this Site, including any files or images
incorporated in or generated by the software,
and data accompanying the software (collectively,
the "Software"), is the copyrighted
work of the indicated author of the Software ("Author").
Use of the Software is governed by the terms of
the end user license agreement, if any, which
accompanies or is included with the Software ("License
Agreement"). An end user will be unable to
install any Software that is accompanied by or
includes a License Agreement, unless he or she
first agrees to the License Agreement terms. The
Author retains full and complete title to the
Software itself and all intellectual property
rights therein. You may not redistribute, sell,
decompile, reverse-engineer or otherwise disassemble
the Software. Giant Nutrition MAKES NO WARRANTY AS
TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Software
from this Site is further subject to United States
export controls. No software from this Site may
be downloaded or otherwise exported or reexported
into (or to a national or resident of) any country
to which the U.S. has embargoed goods. By downloading
or using the Software, you represent and warrant
that you are not located in, under the control
of, or a national or resident of any such country.
MINORS
This site contains material that may not be appropriate
for children. If there is a concern by parents
that children may visit this site, Giant Nutrition
recommends using a parental control software package.
Some sample parental software packages include:
Net Nanny (http://www.netnanny.com),
Cyber Patrol (http://www.cyberpatrol.com),
Cybersitter (http://www.solidoak.com).
Please be advised that Giant Nutrition does not endorse
any one parental software package. While no parental
software package replaces careful supervision
of Internet use by children, these tools can be
a useful addition to your suite of Internet applications.
Please read the Giant Nutrition Privacy
Policy, in particular the Policy for Minors,
for more information regarding the collection
of personal information from children. |