Legal Stuff

PRIVACY POLICY

OutbreakNutrition.com™ keeps your confidential information confidential. View our online privacy policy described below.

REGISTRATION

We encourage you to register when using our website, however it is not required. Our registration form requires users to give us contact information such as name, email address and password. You must be 15 years of age or older to register. Registration helps us to provide you with a quick and simple checkout experience, whilst also allowing you to view content that you otherwise would be unable to access like our forum, which we encourage you to participate in. The customer contact information you supply on the registration form will be used to contact you concerning the status of an order or to answer your questions. In addition, unless you choose otherwise, it will be used to send you email updates about, newsletters, promotions and industry news. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password.

ORDER INFORMATION

OutbreakNutrition.com™ does not sell products for purchase by children. We sell products for purchase by adults only and customers may use an order form to purchase products. When you place an order, we collect contact information, such as your shipping and email addresses. Contact information from the order form is used to send orders and information to our customers and to contact them when necessary.

USE OF INFORMATION

Information collected by OutbreakNutrition.com™ is used for the following purposes:

We collect information to process customer orders, to contact our customers concerning order status, or to answer any of their questions.

We collect information to contact users about OutbreakNutrition.com™ promotions & send newsletters.

Your information will not be shared with any third parties.

OutbreakNutrition.com™ will have access to and will use the personally identifiable information you provide in connection with your purchases on this website, and it may use your data for payment processing and authorization, fraud protection and credit risk reduction, website evaluation and data analysis, and also for marketing and promotional material distribution.

We may release your personal information to comply with the law, to enforce our website policies, or to protect our or others’ rights, property, or safety.

We do not sell any information about our users.

As with any business, it is possible that as our business develops, we might sell or buy online stores or other assets. In such transactions, information about customers often is among the transferred assets. Accordingly, in the unlikely event that our company or substantially all of our assets are acquired by a third party, such information may be one of the transferred assets.

CHANGES TO OUR PRIVACY POLICY

We may amend this Privacy Policy at any time. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending you an email at the last email address that you provided us, and/or by prominently posting notice of the changes on the website covered by this Privacy Policy. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our transmittal of an email notice to you or thirty (30) calendar days following our posting of the notice of changes on the website covered by the Privacy Policy.

Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our transmittal of the email containing such notice will nevertheless constitute effective notice of the changes described in the notice.

In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.

OPTION TO OPT-OUT

At all times, you have the option of “unsubscribing” of receiving future email updates by simply selecting “unsubscribe” at the bottom of our email newsletters.

SECURITY OF INFORMATION

OutbreakNutrition.com™ has security measures in place to protect against the loss, misuse or alteration of the information you provide. We do not store any of your credit card or payment information. Any such information is used instantaneously and only insofar as it is required to complete payment for your orders at the time of purchase.

CONTACTING THE WEBSITE

Should you have any further questions regarding this Privacy Statement, the practices of this website, or your dealings with this website, please contact usat [email protected]

EXTERNAL LINKS

This website contains links to other sites. We are not responsible for the privacy practices or content of such other websites. The terms and conditions herein do not apply to any such linked websites. OutbreakNutrition.com™ does not endorse any linked websites, or the information, materials, products or services that are contained in or accessible through such linked websites. OutbreakNutrition.com™ disclaims all warranties, express or implied, with respect to the information, materials, products and services that are contained in or accessible through linked websites, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

You acknowledge and agree that OutbreakNutrition.com™ is not responsible for the content, accuracy, legality, decency, copyright compliance, privacy practices, security or any other aspects of any such linked websites, and that the access or use of any such linked websites is solely at your own risk, and you hereby waive any and all claims against OutbreakNutrition.com™ with respect to such linked websites.

If you can’t find answers to your questions here, please contact us via [email protected]

TERMS & CONDITIONS

OutbreakNutrition.com and imustsurvive.com is owned and operated by Outbreak Nutrition LLC. Materials on the Website are primarily owned by Outbreak Nutrition LLC. The Website also includes materials owned by third parties, to which credit has been attributed. OutbreakNutrition.com ™ has created the Website for your personal enjoyment, entertainment and education. However, you are only authorized to access the Website or to use the materials contained in the Website (irrespective of whether your access or use is intentional) if you agree to abide by all applicable laws, and to these Conditions of Use and Privacy Policy, which constitute an agreement between you and OutbreakNutrition.com ™ (“ the Agreement ”). Please read these Conditions of Use for Website carefully and save them. If you do not agree with them, you should leave the Website immediately. Any questions or comments regarding, or problems with, the Website should be sent to us.

OutbreakNutrition.com ™ reserves the right to modify or amend the Agreement without notice at any time. It is, therefore, important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of the Website by any person, please contact us.

ACCESS AND USE

All materials contained in the Website are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Website is strictly prohibited unless you have obtained the prior written consent of OutbreakNutrition.com™ or unless it is expressly permitted by the Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Website. The use of materials from the Website on any other website or networked computer environment is similarly prohibited.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Website including, without limitation, fonts, icons, link buttons and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold or given away.

WEBSITE ORDERS

PAYMENT METHODS

OutbreakNutrition.com™ accepts the following methods of payment for orders placed on the Website:

PayPal

Credit/Debit Card (via paypal)

POSTAGE AND HANDLING

OutbreakNutrition.com™ will not send any order until payment for that product has been received in full. OutbreakNutrition.com™ will endeavor to send all orders within one-two business day of payment being received in full.

OutbreakNutrition.com™ assumes no responsibility for products that are lost or broken during transit, although OutbreakNutrition.com™ will do our best to assist to customer to resolve the issue of any damage products.

All freight costs are inclusive of postage and handling.

INTERNATIONAL ORDERS

OutbreakNutrition.com™ assumes no responsibility for any Customs restrictions, tariffs, or other regulations that may apply in countries outside of Australia & the United States of America. If the customer has any Customs related questions, OutbreakNutrition.com™ encourages the customer to speak with their country’s Customs office, although OutbreakNutrition.com™ will ship any products the customer orders to the address that the customer provides.

The laws are different in every country, they change often, and OutbreakNutrition.com™ cannot keep up with them all. The responsibility rests with the customer to check with their country’s Customs office to see if their country allows the importation of products ordered.

OutbreakNutrition.com™ will follow the exact directions in the customer’s order. If for whatever reason the order is seized by Customs, OutbreakNutrition.com™ will not issue the customer a refund unless all products are returned to OutbreakNutrition.com™ in their original condition (with the expense of return shipping borne by the customer).

Any duties or taxes that may apply to any international order are the responsibility of the customer.

OutbreakNutrition.com™ assumes no responsibility for products that are seized by international Customs authorities.

REFUND AND CANCELLATION POLICY

OutbreakNutrition.com™ will accept returns if a product is faulty or is significantly different to what is described in the item description, or if the customer has selected the wrong size (for products that have a size variation option).

If an item is to be returned it must be returned in its original, sealed package and must be unused.

Consideration for returned items will be given as a full refund of the purchase price or as a credit, at the discretion of OutbreakNutrition.com™. Postage and handling costs will not be refunded, except in the case where OutbreakNutrition.com™ has been grossly negligent.

UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to OutbreakNutrition.com™ via the Website, these submissions become the property of OutbreakNutrition.com™ and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as OutbreakNutrition.com™ sees fit. You agree to grant OutbreakNutrition.com™ a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against OutbreakNutrition.com™, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. You also waive any claim, cause of action or other recourse that you might have against OutbreakNutrition.com™ for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.

REVIEW OF MATERIAL SUBMITTED TO THE WEBSITE

OutbreakNutrition.com™ is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the Website. OutbreakNutrition.com™ does not and cannot monitor all information or materials posted on, submitted to or transmitted through the Website. However, OutbreakNutrition.com™ reserves the right to delete, block and remove any information or materials that OutbreakNutrition.com™, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to OutbreakNutrition.com™. If notified of any such information or materials on the Website OutbreakNutrition.com™ may determine in its sole discretion whether to remove such content from the Website.

TERMINATION OF USAGE

You agree to maintain the security of your account on the Website, including the security of your password and other confidential information relating to the use of the Website and your account on the Website. You agree to be responsible for all charges resulting from the use of your account on the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying OutbreakNutrition.com™.

You agree to use the Website only for lawful purposes, and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through the Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Website or material thereon.

You agree that OutbreakNutrition.com™ may terminate or suspend your access to all or part of the Website, without notice, for any conduct that OutbreakNutrition.com™, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user, OutbreakNutrition.com™ or its affiliates.

LINKED WEBSITES AND ADVERTISING

If you are interested in creating hypertext links to the Website, you must contactOutbreakNutrition.com™ before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the website or OutbreakNutrition.com™, including its respective employees, agents, directors, officers and shareholders.

As OutbreakNutrition.com™ has provided links and/or pointers to other websites, no inference or assumption should be made and no representation should be implied that OutbreakNutrition.com™ is connected with, operates or controls these websites. OutbreakNutrition.com™ is not responsible for the content or practices of third party websites that may be linked to the Website.

DISCLAIMER OF LIABILITY AND WARRANTIES

While OutbreakNutrition.com™ does its best to ensure the optimal performance of the Website, you agree that you use the Website and rely on material contained in the Website at your own risk. The Website, and all materials in the Website, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that OutbreakNutrition.com™ does not warrant that the Website is fit for any particular purpose; that the functions contained in the materials in the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses and other harmful components or that the Website is accurate, error free or reliable. You acknowledge that OutbreakNutrition.com™, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that OutbreakNutrition.com™ is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person.

You acknowledge that OutbreakNutrition.com™ is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Website.

LIMITATION OF LIABILITY

OutbreakNutrition.com™ and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the Website, or (vii) for any other matter relating to the Website or any linked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between OutbreakNutrition.com™ and the user. The products, information and services offered on and through the Website would not be provided without such limitations. Because the laws of some countries may not allow for the exclusion of certain damages, in such countries liability is limited to the fullest extent permitted by law.

Notwithstanding the foregoing, the sole and entire maximum liability of OutbreakNutrition.com™ and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from PatinumLabs.com™ on the Website.

You agree to indemnify, defend and hold harmless OutbreakNutrition.com™ and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your violation of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Website.

All products and services offered on or through the Website are provided subject to any applicable taxes and any accompanying terms and conditions.

INDEMNITY

You agree to defend, indemnify and hold harmless OutbreakNutrition.com™, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Website; your failure to use the Website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

SEVERANCE

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, international laws, without giving effect to any principles of conflicts of law.

RESOLUTION OF DISPUTES

In the event a dispute arises between you and OutbreakNutrition.com™, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OutbreakNutrition.com™ agree that any claim or controversy at law or equity that arises out of this Agreement or our services (‘Claim’) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, it is strongly encouraged that you first contact OutbreakNutrition.com™ directly to seek a resolution and OutbreakNutrition.com™ will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Court. Any Claim may be adjudicated by a court of competent jurisdiction located in Boca Raton, Florida, United States of America. You and OutbreakNutrition.com™ agree to submit to the personal jurisdiction of the courts located within Boca Raton, Florida, United States of America.

Alternative Dispute Resolution. Alternatively, OutbreakNutrition.com™ will consider use of other alternative forms of dispute resolution.

All Claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a Claim. Should either party file an action contrary to this section, the other party may recover attorneys’ fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

You agree that this Agreement and all incorporated agreements may be automatically assigned by OutbreakNutrition.com™ in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

CONSUMPTION DISCLAIMER

You should not use the information on the Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product.

All information supplied has no warranty whatsoever. No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only.

All information and statements on the Website regarding dietary supplements have not been evaluated by the Food and Drug Administration or the Therapeutic Goods Administration and are not intended to diagnose, treat, cure, or prevent any disease. For the purposes of identifying therapeutic goods and therapeutic claims, the definition of the term ‘therapeutic’ as stated in the Therapeutic Goods Act 1989(Cth) s 3(1) is;

-preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons or animals; or

-influencing, inhibiting or modifying a physiological process in persons or animals; or

-testing the susceptibility of persons or animals to a disease or ailment; or

-influencing, controlling or preventing conception in persons; or

-testing for pregnancy in persons; or

-the replacement or modification of parts of the anatomy in persons or animals.

According to this definition, OutbreakNutrition.com™ does not sell any therapeutic goods nor make any therapeutic claims.

OutbreakNutrition.com™ tries and tests each of our products, each product has been shown to deliver some sort of positive effect for representatives of OutbreakNutrition.com™. However, OutbreakNutrition.com™ does not guarantee that each of our products will deliver positive results for every consumer.

The consumer should always check with a health physician before undertaking any type of supplementation or exercise program. You should read carefully all product packaging prior to use.

IMPLIED WAIVER

The failure of OutbreakNutrition.com™ or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the website or this Agreement must be filed within 6 months after such claim or cause of action arose, or will be forever barred. All disclaimers and limitation of liabilities included in this Agreement are for the benefit of OutbreakNutrition.com™ and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

COPYRIGHTS © / TRADEMARKS (™)

© 2015 OutbreakNutrition.com™.All trademarks are owned by OutbreakNutrition.com™. All trademarks are attributed to their respective owner in our Trademark Legend. All rights are reserved. All materials (including but not limited to images and text based content) contained in the Website are protected by copyright and trademark under Australian and International law and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reasonable portions of this website may be printed out solely insofar as is necessary to order products and/or services from OutbreakNutrition.com™.

Any other reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein is expressly prohibited and will result in legal proceedings being taken to protect the intellectual property rights of OutbreakNutrition.com™ and/or its suppliers & product manufacturers

OutbreakNutrition.com™ will aggressively protect its intellectual property rights.