Terms

Impact Nutritionals, Inc. Terms and Conditions

Updated May 15, 2009

Welcome to the S7 Website (the “Site” & “Website”). By visiting or shopping at this Website, you accept the following terms and conditions.

Please read them carefully. If you do not agree to abide by these terms, please do not enter www.drinkS7.com.

Terms and conditions is a binding legal agreement between Impact Nutritionals, Inc. (“We”, “Us”, “DrinkS7”, and possessively “Our”) and an individual who visits or uses any page on the Drink S7 Website (“You” and passively “Your”) belonging to Impact Nutritionals, Inc. By accessing or using the Site, You are acknowledging that You have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

Visit our Privacy Policy

1-COPYRIGHT
All “content” (data, software, articles, photographs, graphs, videos, typefaces, graphics, music, sounds), and other material (collectively, “content”) included on this Site such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this Site’s owner or its content suppliers and protected by United states and International copyright laws. The compilation of all content on this Site is the exclusive property of this Site’s owner and protected by U.S. and international copyright laws. All software used on this Site is the property of this Site’s owner or its software suppliers and protected by United States and International copyright laws.

2-YOUR USE OF OUR WEBSITE
You may use Our Website on an “as is” and “when available” basis. We are not responsible for any type of errors or delays in respect to the Website. As a condition to Your continued use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content (defined below) or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Impact Nutritionals, Inc., Our affiliates, partners or licensors. You are responsible for maintaining the confidentiality of Y our user identification number and password and for restricting access to Your computer.

3- YOUR SUBMISSIONS
By sending in a submission or a testimonial, which will be known as (“Your Submission”), We may use this information You supplied to Us without violating any rights You might have in Your Submission.
It is Our policy to decline unsolicited suggestions and ideas. Not with standing Our policy with regard to unsolicited suggestions and ideas, any inquires, feedback, suggestions, ideas or other information You provide Us (collectively, “submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of Our Privacy Policy {Insert hyperlink to Privacy Policy}, by transmitting or posting any Submission, you hereby grant Us full ownership of the Submission as if We had created, developed and posted the Submission for Our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way We see fit., including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works or using the Submission within or in connection with Our products or services You also acknowledge that Your Submission will not be returned and We may use Your submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If You make Submission, You represent and warrant that You own or otherwise control the rights to Your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letter, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Us for all claims arising from or in connection with any claims to any rights in any rights in any Submission or any damages arising from any Submission. If We use Your address in connection with the use of Your submission. We will only specify Your city and state not Your physical address.

4- LIMITED LICENSES
We grant You a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content.; (e) collect account information for the benefit of Yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that my impose an unreasonable burden or load on Our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant You a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only . A Website that links to the Site (i) may link to, but not replicate, and and/or all of Our Content; (ii) may not imply that We are endorsing such Website or its services or products; (iii) may not misrepresent its relationship with Us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray Us or Our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in Our sole discretion, request that You remove any link to the Site, and upon receipt of such request, You shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by Us to resume linking.
Any unauthorized use by You of the Site or any and/or all of Our Content automatically terminates the limited licenses set forth in this Section 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

5- VOID WHERE PROHIBITED
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If You choose to access the Website from outside the United States, You choose to do son on Your own initiative and You are solely responsible for complying with applicable and local laws. We reserve the right to limit, in Our sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited.

6-RETURN POLICY
If You are not absolutely satisfied with Your purchase, for any reason, let Us know. We will promptly replace the item or give you a refund that is equal to the unused portion as determined by Impact Nutritionals, Inc or DrinkS7.com
Returns: Mail return WITH a copy of Your invoice to:
Address:
Impact Nutritionals, Inc.
Attn: Returns Dept.
3120 W. Carefree Highway
Suite 1-216
Phoenix, AZ 85086
Note:
a) Product that was not purchased from directly from DrinkS7.com will not be issued credit.
b) Product purchased through any other outlet other than DrinkS7.com will need to be returned to the merchant through which the product was purchased. Our merchants have the discretion to return product as they seem fit and We don’t control their return policies.
c) Please include a letter explaining the reason for the return and include contract information where you can be reached if We have any questions.
d) For Your protection, please use UPS or Insured Parcel Post for shipment.
e) A credit for the original purchase price that is equal to the unused portion of the item and applicable taxes will be applied to Your credit card.
f) Original Return Shipping and handling charges are not refundable unless result of an error by Impact Nutritionals, Inc or DrinkS7.com.
g) If you have questions about Your return, please contact customer service @ Info@DrinkS7.com. Please be sure to include the information in Your packing slip in Your correspondence.

7- TRADEMARKS AND REGISTERED TRADEMARKS
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Impact Nutritionals, Inc., DrinkS7.com. Trademarks of Impact Nutritionals, Inc.., DrinkS7.com, their Affiliates, Service Providers, and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner. Trademarks and registered trademarks are the property of their owner and are protected by State and Federal trademark law and/or international treaties. Unauthorized use, reproduction or distribution of these marks without the express written permission of their owner may result in severe civil and/or criminal penalties, and will be prosecuted to the maximum extent of the law Other trademarks, registered trademarks, product name or logos, and company names or logos displayed on the Site are the property of their respective owners. Impact Nutritionals, Inc,. DrinkS7.com, trademarks and trade dress may not be used in connection with any product or service that is not DrinkS7’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DrinkS7.com. All other trademarks, trade names, and logos that are not owned by us that appear on the Site are the property of their respective owners, who may not be affiliated with, connected to, or sponsor, or sponsored by DrinkS7.com.

8-OTHER TERMS AND CONDITIONS
We are not responsible if information We make available on the Site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on this Site will be at Your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for Your reference only. We reserve the right to modify the contents of this Site at any time. You agree that it is Your responsibility to monitor changes to the Site.

9- ACCURACY OF INFORMATION
This agreement constitutes the entire agreement between You and Us and it supersedes all prior communications, promises, agreements, and proposals whether verbal, written, or electronic, between You and Us with respect to this Website and information, software products and services associated with the Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to , the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision and the remainder of the Agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted to you by this Agreement are reserved by Us. If you use this Website in an inappropriate manner or in any way that violates Our Terms of Use, Your use of this Website (DrinkS7.com) may be limited or terminated. Both are up to Our sole discretion.

10- INDEMNIFICATION
You agree to defend, indemnify and hold Us harmless for any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action, or demand resulting from Your sue of the Site or breach of these Terms and Conditions. You also agree to indemnify Us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Our infrastructure.

11- ONLINE VIDEOS
We may offer You the benefit of online videos on the Site. You agree to comply with all terms and conditions surrounding Your use of the online videos including but not limited to all usage restrictions, e.g., limited time for viewing, no copies, and not to circumvent or attempt to circumvent security features. Online videos are Content and are protected by Section 4 hereof.

12- DISPUTES
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Arizona, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Arizona. Any dispute relating in any way to Your visit to the Site shall be submitted to confidential arbitration in Arizona and you submit to the jurisdiction and proceedings thereof, except that , to the extent you have in any manner violated or threatened to violate Our intellectual property rights or the intellectual property rights of Our affiliates, partners or licensors or otherwise have a cause of action in equity, We may seek injunctive or other appropriate relief in any court of competent jurisdiction and Your consent to jurisdiction and venue in any such court of competent jurisdiction and Your consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

13- GENERAL
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between Us concerning Our use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in Our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes Your agreement to all such term and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site and any of its Content.
Nothing contained in these terms and Conditions shall be construed as creating any agency, partnership, or to form of joint enterprise between Us. Our failure to require Your performance of any provision hereof shall not affect Our full right to require such performance at any time thereafter, or shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral ward or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.

14-DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITONS OR THE SITE,INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR; (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERM ITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILTY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

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