Introduction.Welcome to the website of Gaspari Nutrition, Inc. ("Gaspari"), www.gasparinutrition.com (the "Website").
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of this Website and/or your checking of any box stating that you accept or agree to these terms signify your unconditional acceptance of the following Terms & Conditions. If you do not agree to these Terms & Conditions, you may not use this Website.
You acknowledge that these Terms & Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Website and receipt of data, materials and information available at or through the Website, the possibility of our use or display of your Solicited Submissions (as defined below in Section 7, titled "Submissions") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
Product Offerings. All features, content, specifications, products and prices for products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Gaspari" makes all reasonable efforts to accurately display the attributes of products, including the applicable colors. However, the actual colors depicted on your monitor or screen may vary based on your computer system and settings, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and/or sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs, and similar products sold or otherwise available on this Website are for private, home use (where no admission fee is charged), not for public performance (whether or not an admission fee is charged), and they may not be duplicated.
Shipping of Orders. When you place an order, it will be shipped to the address you designate within the United States as long as that shipping address complies with any and all shipping restrictions set forth anywhere on this Website. Gaspari does not ship outside the United States. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may have a different price than what is listed on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information before accepting and/or shipping any order.
Ownership and Use of Content. The design of this Website and all text, images, graphics, information, materials, functions, and other content (including Submissions as defined in Section 7 below, titled "Submissions,") available and/or downloadable from this Website (collectively, the "Content") are protected by copyright, trademark and other laws. The software and other technology components of this Website are © 2001-2010 Gaspari Nutrition, Inc. The contents of this Web Site are © 2001-2010, Gaspari Nutrition, Inc. All rights reserved. Gaspari reserves the right to change the Website or delete Content or features at any time, in any way, for any reason or no reason.
Except as permitted under these Terms & Conditions or with the prior express written consent of Gaspari, no Content from the Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website, except that where a Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) do not use the Content in a manner that suggests an association with any of Gaspari’s products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Website is prohibited.
You may not modify the information or materials available and/or downloadable from this Website in any way, and you may not reproduce, publicly display, perform, or distribute, or otherwise use any such information or materials for any public or commercial purpose whatsoever. Any unauthorized use of the information or materials available on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and other applicable laws and regulations.
In the event that we offer downloads of software on the Website and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Gaspari or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are owned exclusively by Gaspari, including but not limited to SUPERPUMP250®, ANAVITE™, SIZEON®, SIZEON® MAX PERFORMANCE, SIZEON® PRE-CONTEST, INTRAPRO™, MYOFUSION™, MYOFUSION™ PROTEIN, CYTOLEAN® V2, REAL MASS®, NOVEDEX® XT, HALODROL® MT, HALODROL® LIQUIGELS™, PLASMAJET®, and MITOTROPIN®. Other trademarks, trade names and/or service marks not owned by Gaspari that are or may be used or displayed on this Website are the trademarks, trade names and service marks of their respective owners. Nothing on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the express written permission of Gaspari or such other owner.
Submissions. In these Terms & Conditions, Gaspari uses the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Website.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" shall mean those Submissions: (a) that we expressly request or enable you to provide to us via any feature or activity on the Website for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and/or (b) that you Distribute on or through the Website for which you do not seek Consideration (such as in our Forums (as defined below in Section 10, titled "User Forums and Communications")). "Unsolicited Submissions" are any and all Submissions that do not fall within subsections (a) or (b) of this section.
Gaspari’s company policy does not allow us to accept or consider Unsolicited Submissions. Accordingly, please do not Distribute Unsolicited Submissions on or through the Website. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. Therefore, we ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any Consideration as stated and defined in this section).
Except as expressly stated in these Terms & Conditions, the provisions of these Terms & Conditions apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
Licenses and Representations. You hereby grant Gaspari and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Website and third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 11 labeled "Rules of Conduct") and other requirements of these Terms & Conditions and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms & Conditions (including the Submissions License). These Terms & Conditions (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that any Submissions you Distribute on or through the Website contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent we solicit Submissions through features or activities on or through the Website (including games, sweepstakes, contests, promotions and User Forums (defined below in Section 10, labeled "User Forums and Communications")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms & Conditions.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Accounts. Some services on the Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
User Forums and Communications. "Forum" means an area or feature offered as part of the Website that offers the opportunity for users to Distribute Submissions for viewing by one or more Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and/or e-mail function (including electronic greeting cards and send-to-a-friend e-mails).
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media. You make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through the Website under your username or otherwise by you in any Forum, and for the consequences of submitting and posting same. Gaspari has no duty to monitor any Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum, and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
Rules of Conduct. The following Rules of Conduct apply to the Website. By using the Website, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website; (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (j) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms & Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing Rules of Conduct, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the Submission from this Website. We will cooperate fully with any law enforcement agencies, court orders, and/or subpoenas requesting or directing us to disclose the identity of anyone posting such materials.
Remedies for Violations. In addition to any remedies that Gaspari may have at law or in equity for user violations of these Terms & Conditions—including but not limited to the Rules of Conduct—Gaspari reserves the right, but disclaims any obligation or responsibility, to: (a) refuse to post any Submission that violates these Terms & Conditions; (b) remove any Submission that violates these Terms & Conditions; and/or (c) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when Gaspari believes in good faith that such identification or disclosure will either: (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena; or (ii) help to enforce these Terms & Conditions and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Website. Moreover, Gaspari retains the right to remove Submissions at any time for any reason or no reason whatsoever.
Linking to this Website. Creating or maintaining any link from another Website to any page on this Website without Gaspari’s prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Web Site in frames or through similar means on another Website without Gaspari’s prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules and regulations, and you are responsible for ensuring such compliance.
Third Party Links. From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Gaspari or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Web sites. If you decide to access any other Websites linked to or from this Web Site, you do so entirely at your own risk.
Disclaimers. You use this Website at your own risk. The information, materials, products, and services provided via this Website are provided "as is" without any warranties of any kind, including implied warranties of merchantability, warranties of fitness for a particular purpose, or warranties of non-infringement of intellectual property, except for any express warranties provided by Gaspari as manufacturer of particular products that are or may be available for purchase on the Website. Neither Gaspari nor any of its affiliates warrant the accuracy or completeness of the information, materials, products, or services provided on or through this Website. The information, materials, products, and services provided on or through this Website may be out of date, and neither Gaspari, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials, products, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Any products or services offered by manufacturers other than Gaspari that are available for purchase on or through this Website are subject only to any applicable warranties of their respective manufacturers, distributors, and/or suppliers, if any. To the fullest extent persmissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including any implied warranties with respect to the products and services listed or purchased on or through this Website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear and tear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Website may contain the opinions and views of other users. Given the interactive nature of the Website, Gaspari cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by its users.
Website content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Website without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
Testimonials. Not all testimonials contained in or made available through the Website have been prepared by Gaspari (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
Must Be at Least 18 Years of Age. The Website is not intended for children under the age of 18. If you are under 18, you may not use the Website to purchase items or post Submissions.
Limitations of Liability. Gaspari assumes no responsibility, and will not be liable for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from (a) your access to, use of, or browsing of this Website, or (b) your downloading of any information or materials from this Website. In no event will Gaspari, or any of its officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any Websites linked to this Website, or the materials, information or services contained on any or all such Websites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this Website or any content available on the Website, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that have been purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the return and refund policies posted on this Website.
Revisions to Terms & Conditions. These Terms & Conditions may be revised at any time and from time to time by updating this page. You should visit this page from time to time to review the current Terms & Conditions because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by legal notices or terms located on particular pages of this Website.
Choice of Law and Choice of Forum. These Terms & Conditions supersede any other agreement between you and Gaspari to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms & Conditions will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws provisions. Any action seeking legal or equitable relief arising out of or relating to this Website shall be filed and prosecuted in the federal or state courts of New Jersey. Any state court actions shall be filed and prosecuted in Ocean County, New Jersey. These Terms & Conditions shall be admissible as evidence in any judicial and/or administrative proceedings based on, relating to, or arising from these Terms & Conditions.
Suspension and Termination. Gaspari may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason, including but not limited to your failure to comply with these Terms & Conditions or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever. You also may suspend or terminate your own account at any time, for any reason or no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Indemnity. You agree to indemnify and hold Gaspari and any parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms & Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms & Conditions.
Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with all applicable local laws. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
General. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms & Conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arises, or the claim shall be forever barred.
Copyright Infringement Claims. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
Notification must be submitted to the following Designated Agent: Daniel Pierce.
Full Address of Designated Agent to Which Notification Should be Sent: 575 Prospect Street, Suite 230, Lakewood, New Jersey 08701.
To be effective, the notification must be in writing and include each of the following: (a) a physical or eletronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (aa) your physical or electronic signature; (bb) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (cc) a statement from you under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (dd) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Additional Assistance. If you do not understand any of the foregoing Terms & Conditions or if you have any questions or comments, we invite you to contact us at Gaspari Nutrition, Inc., Website Terms & Conditions, 575 Prospect Street, Suite 230, Lakewood, New Jersey 08701, or e-mail us at email@example.com, or call us toll-free at 1-888-742-7727.
These Terms and Conditions were last updated on May 25, 2010. Copyright © 2010 Gaspari Nutrition, Inc. All rights reserved.