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Terms of Use
This is an agreement between you and Ajinomoto U.S.A., Inc. The following are terms of a legal agreement between you and Ajinomoto U.S.A., Inc. This agreement governs your use of the Amino VitalR website. By accessing, browsing and/or using this website, you agree to the terms and to comply with all applicable laws and regulations. If you do not agree to these terms of use, you may not use this website. Ajinomoto U.S.A., Inc. reserves the right to change, update, or modify portions of these terms of use at any time without notice.
Access and Use
All materials contained in this website are protected by international trademark and copyright laws. The material on this website is for personal use, which means that you may only view or download material from this website for your own use and you must keep all copyright and other proprietary notices attached to downloaded material. The reproduction, duplication, distribution, publication, modification, copying or transmission of material from this website is strictly prohibited unless you have obtained the prior written consent of Ajinomoto U.S.A., Inc. The use of any Ajinomoto U.S.A., Inc. material on any other website or computer environment is prohibited. Requests for permission to reproduce or distribute materials found on this website can be made by contacting Ajinomoto U.S.A., Inc. in writing at: Ajinomoto U.S.A., Inc., 532 Broadway, 10th Floor, New York, New York 10012.
Software
In the event you download any software from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by Ajinomoto U.S.A., Inc. solely for your personal, noncommercial use. Ajinomoto U.S.A., Inc. reserves all rights to such software not expressly granted to you in this agreement. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
Forums and Bulletin Boards
You are welcomed to post, transmit or submit messages and other material to forums, bulletin boards or other public areas (hereinafter referred to as "forums") within, or in connection with this website. For the materials you post or otherwise provide Ajinomoto U.S.A., Inc. you grant Ajinomoto U.S.A., Inc. permission to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your posting. For each posting, you represent that you have all rights necessary for you to make the grants in this section. Ajinomoto U.S.A., Inc. makes no warranties, express or implied, as to the content of the messages or materials in the forums or the reliability of any messages and other materials in the forums. Ajinomoto U.S.A., Inc. does not endorse and has no control over the content of messages submitted by others to its forums and users or visitors shall remain solely responsible for the content of their messages in the forums. Nonetheless, Ajinomoto U.S.A., Inc. reserves the right to prevent you from submitting materials, restrict or remove such messages for any reason at any time. You agree that Ajinomoto U.S.A., Inc. accepts no liability whatsoever if it determines to prevent your message from being submitted or if it restricts or removes your message. You agree that you will not submit messages to the forums that are (1) unlawful, obscene, vulgar or profane; (2) improperly assume or claim the identity or qualifications of another person; (3) contain a virus or other harmful component; (4) are for purposes of spamming; (5) are libelous, or an invasion of privacy or publicity rights or any other third party rights; and (6) are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services.
Disclaimer of Liability and Warranties
The materials in this website are provided "AS IS", "With All Faults" and "As Available", and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the fullest extent permitted by law, Ajinomoto U.S.A., Inc. makes no warranties of any kind, either express or implied. Ajinomoto U.S.A., Inc. disclaims any and all warranties or conditions, express, statutory and implied, including but not limited to warranties or conditions of merchantability, fitness for a particular purpose, and noninfringement. Ajinomoto U.S.A., Inc. does not warrant that the functions contained in the materials on the website will be uninterrupted or error-free, that defects will be corrected, or that the servers that provide such materials are free of viruses or other harmful components. Ajinomoto U.S.A., Inc. explicitly disclaims any responsibility for the accuracy, content, or availability of information found on this website. All information and recommendations contained and accessed on this Site are provided for educational and scientific purposes. The information contained herein is not intended to replace, contradict, or serve as a substitute of any kind for medical consultation. In no instance should a user attempt to diagnose a medical condition or determine medical treatment of any kind based on the information contained in this Site. If you are experiencing any sort of medical problem you should base all of your decisions only on the advice of your personal physician who has examined you and entered into a physician-patient relationship with you. You acknowledge that in no event will any Ajinomoto U.S.A., Inc. party be liable for any damage, including but not limited to any indirect, special, consequential, incidental, or punitive damages arising out of, based on or resulting from this Terms of Use Agreement or your use of this website, even if Ajinomoto U.S.A., Inc. has been advised of the possibility of such damages. You also acknowledge that Ajinomoto U.S.A., Inc. is not liable for any defamatory, offensive or illegal conduct or material found in connection with this website, including such conduct or material transmitted by any means by any other person.
Termination
Ajinomoto U.S.A., Inc. may terminate this agreement or terminate your use of or access to this website at any time with or without any cause, with or without any notice.
Other
If any provision of this agreement in unlawful, void, or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. ? 512(c)(2),notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent at Ajinomoto U.S.A., Inc., c/o Stephen H. Nakamura, 330 Madison Avenue, Suite 2900, New York, New York 10017, e-mail: s.nakamura@mbpclaw.com To be effective, the notification must be in writing and contain the following information: 1. Physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 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; 3. Identification of the material that is claimed to be infringing or to be 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; 4. 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; 5. 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 6. 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 notice of a claim of copyright infringement to our users by means of a general notice on any Ajinomoto U.S.A., Inc. website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
Governing Law
This agreement
shall be governed by and construed in accordance
with the laws of the State of New York. By
accessing this website you agree that any and all
claims or disputes will be subject to the
jurisdiction, and resolved by, the courts of the
State of New York. If the above terms are not
acceptable in full or if you do not fully
understand any part of the foregoing, the use of
this Site must be terminated immediately and all
content disregarded
.
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