Terms & Conditions

Last Updated: August 18, 2017

1. GENERAL

Welcome to the website (the “Site”) of Liptis Nutrition GMBH (“Liptis”, “us”, “we” or “our”). Any person accessing or using the Site is referred to as “you”.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO YOU AND YOUR ACCESS AND USE OF THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. WE RESERVE THE RIGHT TO REVISE THESE TERMS AT ANY TIME IN OUR DISCRETION WITHOUT PRIOR NOTICE TO YOU. WHEN WE MAKE REVISIONS, WE WILL POST THEM ON THE SITE AND THEY WILL BE EFFECTIVE IMMEDIATELY UPON POSTING AND WILL SUPERSEDE ALL PRIOR VERSIONS OF THESE TERMS. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY REVISIONS SHALL CONFIRM YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS; THEREFORE, YOU SHOULD PERIODICALLY REVIEW THESE TERMS AND CONDITIONS TO BE AWARE OF ANY CHANGES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.

2. PRIVACY

Please take a few moments to carefully review our Privacy Policy, which describes the collection, use and disclosure of personal information from visitors to the Site. By accessing or using the Site, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

3. INTELLECTUAL PROPERTY RIGHTS; CONTENT

Unless otherwise noted, the Site, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, and any other materials that appear as part of or on the Site (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Site and Content are owned, controlled and/or licensed by Liptis. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Site may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

Liptis and all related names, logos, product and service names, designs and slogans are registered trademarks of Liptis or its licensors. Such marks cannot be used without the prior written permission of Liptis.

Except as may be expressly permitted by Liptis, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Site, or any related software. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Site, but only while accessing the Site.

While we attempt to be as accurate as possible, the Content may contain omissions, errors, or may be out of date. We do not represent or warrant that product descriptions, photographs, pricing or other Content is accurate, complete, current or error-free. Liptis may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.

4. ACCESS TO AND USE OF SITE; ACCEPTABLE USE POLICY; ACCOUNT SECURITY

We do not guarantee that the Site, or any Content on it, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

ACCEPTABLE USE POLICY

By using the Site, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example (and not by limitation), you agree not to:

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Site, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;
hack into the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, or attack the Site via a denial-of-service attack or a distributed denial-of service attack;
modify another Site so as to falsely imply that it is associated or affiliated with the Site;
damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
violate any applicable laws, rules or regulations in your jurisdiction;
use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Site; or
use the Site for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions.

ACCOUNT SECURITY

If you create an account with the Site which requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

5. COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Notices of claims of copyright infringement on the Site should be emailed or mailed to our designated Copyright Agent as follows:

Liptis Nutrition GMBH
Attn: Copyright Agent
D4 Platz 3
6039 Root Langenbold
Switzerland

We encourage you to consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.

In accordance with applicable law, Liptis has adopted a policy of terminating, in appropriate circumstances and at Liptis sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Liptis may also limit or restrict access to the Site and/or terminate the accounts of any users who are deemed by Liptis to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in Liptis sole discretion.

REPEAT INFRINGERS

6. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Liptis, its members, officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the “Liptis Parties”) from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or in connection with: (a) your use of the Site; (b) any Content submitted, posted, or otherwise provided by you to the Site, any of the Liptis Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Site or purchase of any products or services from the Site. Liptis reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Liptis in asserting any and all available defenses.

7. DISCLAIMER; WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS AND/OR SERVICES ON THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, LIPTIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIPTIS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, LIPTIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, PRODUCTS, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.

LIPTIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY LIPTIS OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF LIPTIS) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL LIPTIS OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE “LIPTIS RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-PARTY SITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST THE LIPTIS RELEASED PARTIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF ANY OF THE LIPTIS RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, THE LIPTIS RELEASED PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS NOTED IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

9. THIRD PARTY PRODUCTS/VENDORS

Please note that if Liptis has any third party products on the Site, these products are produced and manufactured by third party suppliers and not by Liptis. As set forth in Sections 7 and 8 above, Liptis is not responsible for any third party products or for the actions or inactions of any third party vendors or suppliers. While Liptis aims to ensure that all third party vendors and suppliers are honest and truthful when making representations regarding their products and/or any causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please contact the relevant third party vendor or supplier if you have further questions regarding their products or causes.

10. PROMOTIONS

Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

11. GENERAL LEGAL PROVISIONS

These Terms and Conditions are effective unless and until terminated by either you or Liptis. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Site. Liptis may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.

These Terms and Conditions and your use of the Site shall be governed and construed in accordance with Swiss law and be submitted to the exclusive jurisdiction of the courts of Switzerland. By using the Site, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions and/or your use of the Site and you waive any claim of forum non conveniens or lack of personal jurisdiction that you may have.

If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of Liptis to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

We may provide notice to you relating to the Site and/or these Terms and Conditions by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of any export laws and regulations. If you access the Site from a location outside Switzerland, you are responsible for compliance with all local laws.

Liptis performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of Liptis right to comply with law enforcement requests or requirements.

These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Site, and any other terms that may appear on the Site from time-to-time) contain the entire understanding between you and us with respect to your use and access of this Site, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. No representation, statement or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Site from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Liptis. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Site, please read through all referenced documents carefully.