Welcome to this TSI Group Ltd. (TSI) / Metabolic Technologies, Inc. (MTI) Web site (“Site”). TSI/MTI offers the Site to you subject to the following terms and conditions (“Terms”). Your use of the Site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use the Site. If you have any questions about these terms, please contact us.
General use restrictions
TSI/MTI or third parties granting rights to TSI/MTI hold all right, title, and interest in and to the materials on the Site, which are the copyrighted work of TSI/MTI or such third parties. TSI/MTI grants you a limited, personal, nonexclusive, and nontransferable license to use and display the materials only on your personal computer and only for purposes associated with your interaction with the Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark, or other intellectual property right) in or to the Site or any materials; and you agree not to “frame” or “mirror” the site, any material contained on or accessible from the Site on any other server or Internet-based device without the advanced written authorization of TSI/MTI.
In our efforts to promote good citizenship within the Internet community, if TSI/MTI becomes aware of inappropriate use of the Site or any of its services, TSI/MTI may respond in any way that, in its sole discretion, TSI/MTI deems appropriate. You acknowledge that TSI/MTI will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, TSI/MTI will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
TSI/MTI has several Web sites offering products, services, content, and various other functionalities (collectively the “Services”). The Services offered on one Web site may differ from those on other Web sites due to availability, legal or ethical constraints, and other considerations. TSI/MTI does not make any warranty or representation that a user of one Web site may obtain the Services from another TSI/MTI site and TSI/MTI may redirect a user to the Web site for a specific product.
Information TSI/MTI publishes on the World Wide Web may contain references or cross references to TSI/MTI products, programs, and services that are not announced or available in your state, province, or country. Such references do not imply that TSI/MTI intends to announce such products, programs, or services in your state, province, country, or any other geographical area. Contact TSI/MTI for information regarding the products, programs, and services, which may be available to you.
Third party interaction and Links to third party sites
In your use of the Site, you may enter into correspondence with, purchase goods, and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. You agree that TSI/MTI has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
The Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by TSI/MTI. Such links do not constitute an endorsement by TSI/MTI of any such sites. You acknowledge that TSI/MTI is providing these links to you only as a convenience, and you agree that TSI/MTI is not responsible for the content or links displayed on such sites to which you may be linked.
Disclaimer of warranties
Your use of the Site is at your own risk. The Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by TSI/MTI. TSI/MTI does not warrant the accuracy or timeliness of the materials. TSI/MTI has no liability for any errors or omissions in the materials, whether provided by TSI/MTI or third parties.
The Site is provided to you on an “as is” and “where is” basis, without any warranty. TSI/MTI, for itself and any third party providing materials, services, or content to the Site, make no representations or warranties in connection with the Site including but not limited to the quality, suitability, truth, accuracy, or completeness of any material, information, product, or service contained on the Site. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. TSI/MTI will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential, or punitive damages, arising from or connected with the Site, including but not limited to, your use of the Site or your inability to use the Site, even if TSI/MTI has previously been advised of the possibility of such damages.
Inaccuracies or errors
The descriptions, pictures, and other representations of products on the Site may contain inaccuracies and errors. TSI/MTI does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the availability of products on the Site may change without notice to you at any time and in TSI/MTI’s sole discretion.
Local laws and export control
TSI/MTI controls and operates the Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies, or other entities located in the United States. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.
The materials on the Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
TSI/MTI, myHMB, myHMB Perform, myHMB + PEAK ATP, myHMB + D and PEAK ATP, the hexagons, design elements and word mark symbols, and all other products or services denoted with ™ or ® are trademarks, service marks, or registered trademarks or service marks of TSI/MTI. TSI/MTI trademarks and service marks may not be used in connection with any product or service that is not an TSI/MTI product or service.
TSI/MTI may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
Any action related to these Terms will be governed by the law of the State of Iowa, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Iowa, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Submissions and unauthorized use of any materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions. As such, you shall indemnify and hold TSI/MTI and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.
Last Modified: September 7, 2012