ESM Technologies, LLC, (“ESM”) d/b/a Stratum Nutrition® operates this website (“Site”) to provide online access to information about Stratum Nutrition and the products, services and opportunities we provide. Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the terms and conditions and acknowledge that this agreement (“Agreement”) is the sole and exclusive Agreement between you and ESM concerning the use, access and content of this Site. ESM reserves the right to change the terms of this Agreement at any time. ESM may discontinue use of the Site at any time. Jurisdictional Matters. THIS SITE IS OWNED, CONTROLLED AND OPERATED BY ESM FROM ITS OFFICES WITHIN THE UNITED STATES. ESM MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. THIS SITE SHALL NOT BE DEEMED AN OFFER FOR SALE OF ANY PRODUCT OR SERVICE IF EITHER THE OFFER OR THE PRODUCT OR SERVICE WOULD VIOLATE ANY LOCAL LAW OR REGULATION. This Agreement, and any claim relating thereto, and the use or nonuse of this Site and the materials contained therein, are governed by the laws of the State of Missouri, without giving effect to the conflict of law principles of that state. Any action at law or equity arising out of or relating to this Agreement, to the Site, or to your use or nonuse of the Site, shall be filed only in the federal courts for the Western District of Missouri or state courts located in Jasper County, Missouri. PRODUCTS DESCRIBED IN THIS SITE MAY NOT BE AVAILABLE FOR SALE OR USE IN EVERY COUNTRY. CHECK WITH YOUR LOCAL ESM SALES REPRESENTATIVE ABOUT THE LOCAL AVAILABILITY OF EACH PRODUCT.
Information contained within this Site will be used for lawful purposes only. Users will exercise their own judgment at their own risk in applying the information contained within the Site. Copyright, Trademark and Other Intellectual Property Matters. The Site and the information, writings, images and/or other works on the Site are protected by U.S. and/or foreign copyright laws, and belong to ESM or its partners, affiliates, contributors or third parties, and may not be used, except as provided in this Agreement, without the written permission of ESM. You may copy and use material displayed on the Site solely for non-commercial, personal purposes and/or to learn about ESM products and services. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes without ESM’s written permission. No right, title or interest in any content on the Site is transferred to you, whether as a result of downloading such content or otherwise. ESM reserves complete title and full intellectual property rights in all content. The NEM® and ESC® trademarks and logos are registered trademarks of ESM Technologies, LLC. All other trademarks, logos and service marks are the registered and unregistered trademarks of ESM or Blis Technologies Limited. Nothing contained on the site should be construed as granting any license or right to use any trademark displayed on the Site without permission of the trademark owner. Any communication or material you transmit to or through the Site including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by ESM or its affiliates for any purpose. Furthermore, ESM is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose, including, but not limited to, developing, manufacturing and marketing products using such information.
In cases where you have been given access to portions of our Site through a password and have allowed any other individual to access this Site through your password or have negligently made your password publicly available, you recognize that you are fully responsible for: (1) the online conduct of such users; (2) controlling the users’ access to and use of this Site; and (3) the consequences of any misuse. Links to Third Party Sites. Any links from the Site to third-party web sites are provided solely as a convenience to you, and not as an endorsement by ESM of the content of such third-party web sites. ESM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party sites. Indemnification. You agree to defend, indemnify and hold harmless ESM, its subsidiaries, parent companies, respective directors, officers, employees and agents, from any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorney’s fees) arising out of use of the Site.
Disclaimer of Warranties
Although the information set forth on the Site (hereinafter “Information”) is presented in good faith and believed to be correct as of the date hereof, ESM makes no representations or warranties as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving Information will make their own determination as to its suitability for their purposes prior to use. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent and ESM makes no representation or warranty, express or implied, that the use thereof will not infringe any patent. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE, ARE MADE HEREUNDER WITH RESPECT TO THE SITE, THE INFORMATION, OR ANY PRODUCT TO WHICH INFORMATION REFERS. Limitation of Liability. IN NO EVENT WILL ESM BE RESPONSIBLE FOR DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM THE USE OR NONUSE OF THIS SITE, OR RELIANCE UPON INFORMATION, OR ARISING FROM THE ALLEGED NEGLIGENCE OF ESM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
If any provision of this Agreement is declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable and the other provisions shall remain in full force and effect. The failure of ESM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Transparency in Coverage
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