TERMS OF USE

By accessing the AAY! Fitness and Nutrition, Inc. website, you are consenting to the following terms of use and all corresponding legal “stuff” that goes along with it. By accessing or using this site, you agree to follow and be found by these terms. If you don’t agree with our terms of use, unfortunately, we will have to ask you to not access this site. That said, you can always change your mind, and we’ll welcome you back.

NUTRITIONAL INFORMATION

Nutritional information provided on the AAY website is based on extensive research of current, peer-reviewed scientific literature. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from international food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.

STATEMENTS HAVE NOT BEEN EVALUATED, SPEAK WITH YOUR DOCTOR

All content created by AAY is for informational and educational purposes only. Any statements listed on our Site or Service have not been evaluated by any other national or international agencies. None of the content or products offered on the AAY Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions. The products and content found on the Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.

You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site. You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.

Please seek medical advice in regards to your health conditions and physical fitness. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

FITNESS LEVEL

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the AAY website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

TESTIMONIALS

Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

INFORMATION EXCHANGE

During your use of AAYNutrition.com, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Policy. For more on this, please see our Privacy Policy.

COPYRIGHT AND TRADEMARK RIGHTS

The Material on AAYNutrition.com is the property of AAY! Fitness & Nutrition, Inc. (AAY!). In other words: All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of AAYNutrition.com (or to another party that has licensed their material to AAYNutrition.com) and is protected by United States and international copyright laws.

Please Respect the Material on AAYNutrition.com: You may not reproduce, redistribute or otherwise use any materials without the express written consent of  AAY! Fitness and Nutrition, Inc. AAY! trademarks and trade dress may not be used in connection with any product or service that is not AAY!, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits AAY! (We know, but we still have to say it.)

The Material Included On This Website Can Be Used For Personal, Informational And Shopping Purposes Only: This means that you agree you will not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless AAY! for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to AAY! and that in the event of an unauthorized use, AAY! shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that AAY! believes that you have violated its intellectual property rights, AAY! or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

LIMITATIONS ON USE

AAY! grants you a non-exclusive, non-transferable, limited license to view this website, and to download and/or print portions of materials retrieved from this website as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of AAYNutrition.com may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of AAY! Fitness and Nutrition, Inc.

In addition, you may not use AAYNutrition.com to:

  • gain unauthorized access to our website, network or computer systems;

  • interfere with any other person’s use or enjoyment of the website;

  • breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to AAYNutrition.com;

  • copy any portion of the website or the content except as part of an Internet service provider’s incidental caching of pages or for your own personal review later; or

  • “hack,” interfere with or disrupt the website or any servers directly or indirectly connected with the service or promote any such activity

DISCLAIMER AND LIMIT ON LIABILITY

AAY! Will Do Its Best to Bring You Uninterrupted, Functional Use of AAYNutrition.com: That said, we do not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.

Please understand that AAY! disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.

THIRD PARTY WEBSITES

As a convenience to AAY!, AAYNutrition.com may include links to third party websites or material which are beyond its control. AAY! is not responsible for content on other websites outside of AAYNutrition.com. Your use of any link is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and AAY! disclaims all liability in connection with your use of a linked website.

CHANGES IN OUR TERMS OF USE

We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. AAY! reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them right here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

DISPUTES AND APPLICABLE LAW

Use of this website shall be governed by and construed in accordance with the laws of the State of California, United States of America, as they apply to agreements made and solely performed in California. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California, and jurisdiction therefore shall be solely in California.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to AAYNutrition.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

CHILDREN

Parents should always supervise their children while online. AAY! website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.

INTERNATIONAL USE

AAY! makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

MISCELLANEOUS

This website and/or certain activities provided via this website may be covered by U.S. Patent 6,091,956.
These terms constitute the entire agreement between you and AAY! governing your use of the website, superseding any prior agreements between you and AAY!. Headings in these Terms are for ease of reference only and shall not affect the interpretation or construction of this agreement.