The Bay Nutrition Incorporated web site (the "Site") is provided by Bay Nutrition Incorporated subject to the following terms and conditions governing use of the Site (the "Terms of Use") and any operating rules or policies that may be published from time to time by Bay Nutrition Incorporated. Before you access, browse through or shop on the Site, you must read the following Terms of Use and select 'Yes' to 'I have read and accept the terms of use' on the New Member Welcome page. IF YOU DO NOT AGREE WITH THE TERMS OF USE, DO NOT USE THIS SITE. By using the Site, you are agreeing to be bound by the following Terms of Use. Bay Nutrition Incorporated reserves the right to modify or alter these Terms of Use without notice or penalty and you agree to be bound by any such modifications, alterations or amendments.
Last Revised: November 27, 2005
(a) modify, copy, reproduce, republish, or re-disseminate the Information;
(b) use the Information for any commercial purpose, or for any public display (commercial or non-commercial);
(d) remove any copyright or other proprietary notations from the Information; and
(e) transfer the Information to another person or "mirror" the Information on any other server.
It is strongly recommended that you consult a physician or healthcare practitioner before changing your diet, and/or starting any diet or fitness program.
The information on the site is provided on an "as is, as available" basis. By using the site, you agree and understand that Bay Nutrition Incorporated makes no warranties, expressed or implied, statutory or otherwise with respect to the site, the information, the contents, the products, services or any documents, items or materials provided by Bay Nutrition Incorporated or its directors, employees or shareholders in connection with the Site, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or any other violation of rights. Further, Bay Nutrition Incorporated does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the information on the site or otherwise relating to such information or on any other sites linked to the site and the information is provided to be discussed with a physician or healthcare practitioner. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
In NO event shall Bay Nutrition Incorporated or its partners, affiliates, members, employees, directors or shareholders or any other party involved in creating, producing or distributing the Site be liable for any damage (including, without limitation, direct, indirect, incidental or consequential damages and damages for loss of data or profit or due to business interruption or personal injury) arising out of the use or inability to use the Information on the Site, including but not limited to reliance by you on any information obtained from the Site as a result of any mistake, negligence, error, omission, interruption, delays, in operation or transmission, failure of performance, computer viruses, communications failure, theft or destruction of data, or unauthorized access to the records, programs or services of Bay Nutrition Incorporated, even if Bay Nutrition Incorporated or its authorized representative has been notified orally or in writing of the possibility of any such damage or event.
Although Bay Nutrition Incorporated uses reasonable efforts to include information, which is accurate and current, the Information appearing on the Site could include technical, typographical, or photographic errors. Bay Nutrition Incorporated does not warrant or guarantee the quality, accuracy, completeness or timeliness of the Information provided. Bay Nutrition Incorporated may make changes to the Information contained on the Site at any time without notice but Bay Nutrition Incorporated does not, however, make any commitment to update the Information nor is Bay Nutrition Incorporated obligated to update the Information.
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. For more details please see the Bay Nutrition Incorporated Privacy Policy at http://www.baynutrition.com/privacy.php. Please note that Bay Nutrition Incorporated welcomes your comments and feedback regarding the Site, and the products and services provided through the Site; however, Bay Nutrition Incorporated cannot accept any ideas, materials or suggestions that are considered to be confidential or proprietary in nature. All comments, feedback, ideas, suggestions, and other similar submissions (collectively, the "Feedback") disclosed, submitted or sent to Bay Nutrition Incorporated via the Site or otherwise are not confidential and will become and remain the property of Bay Nutrition Incorporated. Internet e-mail is especially vulnerable to interception and therefore, Bay Nutrition Incorporated will not be responsible for any damages you may suffer as a result of transmitting confidential information to the Site or implicitly or explicitly authorizing Bay Nutrition Incorporated to send confidential information to you through the Internet. Any Feedback may be used, displayed, published, reproduced, modified, transmitted, or copied by Bay Nutrition Incorporated in any medium and for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the person providing the Feedback.
The Site contains links to other Internet web sites. These links are provided to you as convenient references to help you locate other Internet resources relating to nutrition in general that may be of interest to you. Bay Nutrition Incorporated has not conducted a detailed review of all of the sites linked to the Site and is not responsible for the contents of any such linked site as such links are developed and operated independently from Bay Nutrition Incorporated. The inclusion of any link on the Site does not imply endorsement of the site by Bay Nutrition Incorporated. A link to another site should not be construed to imply that the Site is affiliated with or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. Use of any such linked web site is at the user's own risk.
Bay Nutrition Incorporated may revise these Terms of Use for the Site at any time without notice or penalty. By using this Site you are agreeing to be bound by the most current version of these Terms of Use.
You acknowledge that you have accessed the Site voluntarily and that you alone are responsible for ensuring compliance with local laws.
Bay Nutrition Incorporated controls the Site from within the Province of Nova Scotia in Canada. The Site, however, can be accessed by all Canadian provinces and territories as well as from other places around the world. By accessing the Site, you agree that the laws of the Province of Nova Scotia and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use or any other agreement posted on the Site notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You and Bay Nutrition Incorporated hereby consent and submit to the exclusive jurisdiction of the Superior Court of the Province of Nova Scotia in any action or proceeding instituted or related to the Site.
The Bay Nutrition plan is available through a two-year subscription. An annual subscription fee is paid upon joining the Bay Nutrition website. After twelve months, you will automatically be billed for the second year. Your subscription will expire at the end of the second year. You may cancel your subscription at any time. Bay Nutrition Incorporated does not refund cancelled subscriptions. Users who cancel their subscription before a recurring payment is scheduled will not be subject to that payment.
The Bay Nutrition Incorporated Site is intended for customers who are 18 years or older. People who do not meet this age requirement are not permitted to join the Site.
If you have any questions about these Terms of Use, please feel free to contact Bay Nutrition Incorporated at inquiries@baynutrition.com and we will forward your question to the appropriate internal Bay Nutrition Incorporated department. We try our best to respond to your questions in a timely manner, but are not always able to do so.
By using our website you are indicating your acceptance of this Terms Of Use. If you do not agree to this Terms Of Use, you should not use the Bay Nutrition website.