Terms and Conditions
Rules of Conduct, Submitting Content and Using Xcel Sports Nutrition Sites
Effective Date December 06, 2016
Xcel Sports Nutriton Responsibilities
The Xcel Sports Nutrition moderators will not look at every post, photo, video, or comment made on these Sites nor do we guarantee the integrity of every member on the Site. These Sites are not responsible if information made available on these Sites is not accurate, complete or current. We reserve the right to modify the contents of these Sites at any time (including removing postings, lock postings, warn members, suspend accounts, and/or cancel accounts without prior notice), but we have no obligation to update any information on these Sites.
Our Sites and the Community Areas including such content as text, videos, pictures, audio, graphics, music and sound is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries and we have all rights therein. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law all individual articles, blogs, videos, content and other elements comprising our Sites are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Sites with or without notice.
You must be 18 years of age or older to provide information through these Sites. By using these Sites you represent that you are at least 18 years of age.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You hereby grant to these Sites and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas.
You are solely responsible for reading and complying with any supplemental terms and/or rules, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on the Site.
By submitting your email address in connection with content you have submitted such as rating and review, your Questions or Answer, you agree that Xcel Sports Nutrition and its third party service providers may use your email address to contact you about the status of your review, Questions or Answers and other administrative purposes.
By submitting any content to Xcel Sports Nutrition, you represent and warrant that:
You are the sole author and owner of the intellectual property rights thereto; all “moral rights” that you may have in such content have been voluntarily waived by you; all content that you post is accurate;
These Sites, including all of its contents, such as text, images, and the HTML or other code used (“Materials”) are Xcel Sports Nutrition’ property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from these Sites, in whole or in part, for any public or commercial purpose without our prior, specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services contained here.
In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.
Conduct on the Site
By accessing the Site, you agree to the following rules of conduct. You or third parties acting on your behalf are not allowed to frame these Sites or use frames or utilize framing techniques or technology to enclose any content included on these Sites without Xcel Sports Nutritons’ express written consent.
Additionally, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without Xcel Sports Nutritions’ express written consent. You agree and warrant that you shall not distribute, submit or publish any content: that is known by you to be false, inaccurate or misleading; that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);that is, or may reasonably be considered to be, illegal, obscene, sexually explicit, insulting, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; You agree to not abuse the variety of tools Xcel Sports Nutrition provides for member interaction for the purpose of spamming users. We look for certain user behaviors to determine whether an account is spamming and will terminate the account of the abuser.
You agree to not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You understand the Site is available for your personal, non-commercial use only, and you agree not to use the Site for commercial activities or sales. Additionally, you may not ask members for help in the form of money, gifts, or donations.
You agree to not to upload, post, transmit, share or otherwise make available unsolicited or unauthorized advertising. Pyramid schemes and cash gifting scams are illegal and posting information about these schemes anywhere on Xcel Sports Nutrition sites is prohibited.
You agree to not use the Site in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden or impair the Site.
You agree to not submit any content to the Xcel Sports Nutrition Ratings and Reviews and the Customer Answers for which you were compensated or granted any consideration by any third party or include any information that references other websites, addresses, email addresses, contact information or phone numbers.
You will not attempt to interfere in any way with Xcel Sports Nutrition’s site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files.
You will not engage in conduct constituting or encouraging conduct that would constitute a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
Violations of system or network security may result in civil or criminal liability. Xcel Sports Nutrition will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:
Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Sports Nutrition Supply sites, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, “phishing” or “pharming” or misrepresentation.
Content Materials You Submit
By posting UGC to these Sites, you understand and agree you grant Sports Nutrition Supply and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute such UGC for any purpose, commercial, advertising, or otherwise, throughout the world in any media. Xcel Sports Nutrition does not assert any ownership over your UGC. You understand and agree your UGC is as between us and you, subject to the rights granted to the Site in these Terms, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC. By using these Sites, you represent and warrant that you own or otherwise control all the rights to the content, and that you will be responsible for paying all royalties and other fees that might be due to any person or entity; and that you will indemnify Xcel Sports Nutrition for all claims resulting from content you supply. You are not entitled to any compensation for UGC you post on these Sites unless otherwise agreed upon. Xcel Sports Nutrition does not guarantee that you will have any recourse through Xcel Sports Nutrition to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Xcel Sports Nutrition reserves the right to remove or tor refuse to post any submission for any reason.
Notice of Abuse
Termination Back to top
You may remove your UGC from the Site at any time, and you may terminate your membership at any time by logging into your account and following the instructions in your User profile.
Xcel Sports Nutrition.com reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these rules for Community Guidelines. Additionally, accounts that are inactive for more than one year may be removed without further notice.
Links to Other Sites
Members will find advertising or other content on our Site that link to the site and services of our partners, suppliers, affiliates, advertisers and other third parties. We provide links to other sites we think you may enjoy or access the information contained therein. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk. You understand and agree to release the Sports Nutrition Supply.com from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third-Party Content, whether appearing on the Site or on a Third-Party Site. Additionally, Site widgets or other Site content may be included on web pages and web sites that are not associated with us and of which we have no control. These sites operate independently of Sports Nutrition Supply.com and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.
You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) 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 of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent: support@Xcel Sports Nutrition.com
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Updates to Our Community Guidelines
Xcel Sports Nutrition.com reserves the right to change, modify, add or remove any portion of this policy to reflect changes in our business practices and service offerings. The most recent version of the Community Guidelines will be posted on the Site. It is your responsibility to check for changes we make to the Community Guidelines. Your use of the Site after any changes to the Community Guidelines or other policies indicates to us you accept the changes. We will also notify you of any material changes in the way we treat your information by placing a prominent notice on our site or sending a notice to the primary email address specified in your account.
As between you and Xcel Sports Nutrition, (or other company whose marks appear on or via these Sites). Xcel Sports Nutrition (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on these Sites, and is the copyright owner or licensee of the Content and/or information on these Sites, unless otherwise indicated.
Except as otherwise provide herein, use of these Sites does not grant you a license to any Content, features or materials you may access on these Sites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of these Sites is strictly prohibited, except as allowed herein or otherwise approved by us.
You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Xcel Sports Nutrition. If you make use of these Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks registered trademarks, service marks, other copyright-able material or any other intellectual property by including them on these Sites.
The information on these Sites including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Xcel Sports Nutrition or other entities. Such trademarks, service marks and trade names may be registered in the United States and inter-nationality.
The Xcel Sports Nutrition logos and service names are trademarks of Xcel Sports Nutrition (the “Xcel Sports Nutrition Marks”). Without Xcel Sports Nutrition's prior permission, you agree not to display or use Sports Nutrition Supply Marks in any manner. Nothing on these Sites should be construed to grant any license or right to use any Xcel Sports Nutrition Mark without our prior written consent.
You agree to defend, indemnify and hold Xcel Sports Nutrition, its directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to our in connection with you use of these Sites, your violation of the Terms or the posting or transmission of any materials on or through these Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THESE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS”. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PATICULAR PURPOSE. Xcel Sports Nutrition DOES NOT WARRANT THAT THESE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Xcel Sports Nutrition MAKES NO WARRANTY THAT THESE SITES WILL MEET USERS EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THESE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THESE SITES, YOUR SOLD REMEDY IS TO DISCONTINUE USING THEM.
ANY MATERIAL, UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBRAINED THRUGH THE UE OF THESE SIES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE UPLODE OR DOWNLOAD OF ANY SUCH MATERIAL.
Xcel Sports Nutrition DOES NOT ENDORSE, SUPPORT, WARRANT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENT POSTED TO OR THROUGH THESE SITES OR ENDORSE ANY OPINIONS, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THE THIRD PARTIES ON OR THROUGH THESE SITES. Xcel Sports Nutrition IS NOT A PARTY TO, AND DOES NOT MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF Xcel Sports Nutrition.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Xcel Sports Nutrition, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WIHTOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBTITUTE SERVICES, EVEN IF Xcel Sports Nutrition OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR ECLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Xcel Sports Nutrition TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THESE SITES EXCEED, IN THE AGGREGATE, \$100.00.
You agree that the laws of the state of Georgia excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of these Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim of dispute with Xcel Sports Nutrition or relating in any way to your use of these Sites resides in the state and federal courts located in Atlanta or Norcross, Georgia, and you further agree and expressly consent to exercise of personal jurisdiction in the said state and federal courts.
Consent to Processing
By providing any personal information to or through these Sites, all users, including without limitation users in the European Union, fully understand unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to: support@Xcel Sports Nutrition.com
Notices to you may be made via either email or regular mail. Xcel Sports Nutrition may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on these Sites.
The Terms constitute the entire agreement between you and Xcel Sports Nutrition and govern your use of these Sites, superseding any prior agreements between you and Xcel Sports Nutrition. You also may be subject to additional terms and conditions that are applicable to certain parts of these Sites.
You agree that no joint venture, partnership, employment, or agency relationship exists between Xcel Sports Nutrition and you as a result of this Agreement or your user of these Sites.
Any claim of cause of action you may have with respect to Xcel Sports Nutrition or these Sites must be commenced within one (1) year after the claim of cause of action arose.
The failure of Xcel Sports Nutrition to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties never the less agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligation under the Terms without Xcel Sports Nutrition’s express written consent.
The Terms inure to the benefit of Xcel Sports Nutrition successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
General Content Guidelines
Images Uploaded to Questions and Answers on Xcel Sports Nutrition.com:
Must be in BMP, PNG, GIF or JPEG format.
File size must be 5 MB or less.
Images but be at least 60 pixels tall and 60 pixels wide.
If you are not the copyright holder, you may not submit copyrighted images.
Objectionable images will be rejected.
Uploaded images become the property of Xcel Sports Nutrition.
When writing your question, answer or review on Xcel Sports Nutrition.com:
Use the product before writing the review.
When writing a review, focus on the product and you individual experience using it.
When writing a review, provide detail about why you liked or disliked a product.
When writing a review, please avoid info that changes, such as price and promotional details, info about other companies and websites, inappropriate language and attitude.
When writing a review, please do not submit any feedback other than for product reviews. If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly using the Contact Us page of the Site.
Questions, Answers and Reviews must be in English
When writing a question or answer, make sure it is relevant to the product
When writing a answer, make sure it is relevant to the question being asked
When writing a question or answer, if applicable, include the model number
Questions and Suggestions
by email at: support@Xcel Sports Nutrition.com and include your name and telephone number or mail address so that we can contact you; or by letter to us at: Xcel Sports Nutrition. Privacy Team, 6080 McDonough Dr. NW. Suite A Norcross, GA 30093, making sure to include your name and mailing address or telephone number so that we can contact you.
The Xcel Sports Nutrition Team