Welcome to the TGWorks LLC web site and any mobile apps (all referred to as the “Site”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms of Use”) upon which you (the “User,” “you” or “your”) may access and use this Site. By accessing, viewing, or using this Site, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree to these Terms of Use, you may not use the Site. Note that special terms may apply to some services offered, like subscription-bases services, rules for particular contests or other features or activities. These additional terms will be posted in connection with the applicable service. Please note that TGWorks LLC reserves the right to change the Terms of Use under which this Site and its offerings are extended to you. Your use of this Site following such modifications will be conclusively deemed acceptance by you of any changes to these Terms of Use.
IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or legal guardian may be liable for some or all of your use of this Site. You should tell your parent or legal guardian that you are using this Site and of these Terms of Use.
This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms of Use of this Agreement. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of this Site, you warrant to TGWorks LLC that you will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms of Use.
While TGWorks LLC has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, TGWorks LLC and its affiliates are not responsible for the security of any information transmitted via the Internet. You assume the sole and complete risk for using this Site.
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, TGWorks USA, Inc. does not grant any express or implied right to you. The contents of this Site (including past, present, and future versions) and all other names, logos, and icons identifying TGWorks LLC and its services are owned by TGWorks LLC All other product names, company names and other marks are trademarks of their respective owners.
Use of this Site is entirely at your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. NEITHER TGWORKS LLC NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
TGWorks LLC may provide links, in its sole discretion, to other sites on the Internet for your convenience in locating related information and services. These sites have not necessarily been reviewed by TGWorks LLC and are maintained by third parties over which TGWorks LLC exercises no control. TGWORKS LLC MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE. TGWorks LLC does not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third-party sites is at your own risk.
TGWorks LLC, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that TGWorks shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, TGWorks LLC shall not be responsible or liable for the statements or conduct of any third party on this Site.
You agree not to do the following:
(1) Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Nutri Ventures USA, Inc., the Site’s systems, or other entities.
(2) Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
(3) Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by TGWorks LLC’ sole discretion) information or material.
(4) Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
(5) Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
(6) Misuse any e-mail function available on or through the Site. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
(7) Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
(8) Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party’s rights;
(9) Use the Site for any unlawful purposes.
(10) Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
Please see TGWorks LLC’ Privacy Policy for a summary of TGWorks LLC’ practices regarding collection and use of non-public personal information. By using this Site, you consent to TGWorks LLC’ collection and use of personal data as outlined therein. Parents may want their children to have access to this Site. TGWorks LLC believes that parents should supervise their children’s online activities. We advise you to read our Privacy Policy carefully.
TGWorks LLC welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for Nutri Ventures USA, Inc. to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. TGWorks LLC may refuse to post, or may remove at any time, any content received through this Site for any reason.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. TGWorks reserves the right to remove any material on the Site which allegedly infringes another person’s copyright. Notices to TGWorks regarding any alleged copyright infringement on the Site should be directed to: TGWorks LLC – legal@nutriventures. com.
Your use of certain portions of this Site may require you to become a registered user and enter a password. Depending on your age, registration may require parental consent. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password. You must also immediately notify TGWorks LLC if you become aware of any loss or theft of your password or any unauthorized use of your password. TGWorks USA, Inc. reserves the right to delete or change a password at any time and for any reason.
TGWorks LLC reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires.
You agree to defend, indemnify, and hold harmless TGWorks LLC and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any breach by you of this Agreement, or any other matter for which you are responsible hereunder or under law.
Failure to insist on strict performance of any of the Terms of Use of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by TGWorks LLC of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws provisions, as applied to agreements executed by Delaware residents and performed solely within the State of Delaware, and you submit to personal jurisdiction in Delaware. The parties irrevocably agree that the state and federal courts located in the State of Delaware, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with these Terms of Use or in respect of any claim brought against TGWorks LLC by you and shall have non-exclusive jurisdiction in respect of any claim brought against you by TGWorks LLC. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision shall survive termination or expiration of this Agreement. In any action to enforce this Agreement, the prevailing party will be entitled to reasonable costs and attorneys’ fees.
This Site is controlled and operated by TGWorks LLC from its offices within the United States. TGWorks LLC makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
No joint venture, partnership, employment, or agency relationship exists between you and TGWorks LLC as a result of this Agreement or your utilization of this Site.
These Terms of Use and TGWorks LLC’ Privacy Policy, which are hereby incorporated as if set forth fully in these Terms of Use, represent the entire agreement between you and TGWorks LLC with respect to your use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and TGWorks LLC with respect to this Site. Any rights not expressly granted herein are reserved.
ALL RIGHTS RESERVED© TG Works 2012–