Terms & Conditions

Terms & Conditions

SMA Nutrition has developed and maintains this site ( "Site") for your personal entertainment, information, education and communication. This Site is intended for use only by residents of the United Kingdom (UK) and Republic of Ireland (ROI). The contents of this Site may not be appropriate outside of the UK and ROI.
The Site may, from time to time, contain information relating to various medical conditions and their treatment. Should you have a medical condition, you are advised to promptly see your physician or other medical professional. Through your access to and use of the Site, you accept, without limitation or qualification, the terms and conditions ("Terms & Conditions") set forth.

Please read these Terms & Conditions carefully before accessing or using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agreed to be bound by the Terms & Conditions set forth below, just as if you had signed them. If you are not willing to be bound by these Terms & Conditions, you may not access the Site.

SMA Nutrition may modify these Terms & Conditions at any time, and such modifications shall be deemed effective immediately upon posting on the Site. Any continued use of the Site shall be deemed conclusive of your acceptance of the modified Terms & Conditions.

1. Use of Site.

You may freely browse the Site and may freely download material therefrom. Any and all downloaded materials may only be used by you for personal, non-commercial use. You may not distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes, without the express written permission of SMA Nutrition. All copyright and other proprietary notices contained in downloaded materials must be preserved and retained. All contents of the Site are copyrighted work of SMA Nutrition and/or any of SMA Nutrition's suppliers or affiliates unless otherwise noted, and may not be used without the express written permission of SMA Nutrition or except as provided herein.

Images of people or places displayed on the Site are either the property of, or used with permission by, SMA Nutrition. The use of these images by you is strictly prohibited. Unauthorized use of the images may violate copyright, trade mark, privacy and/or publicity laws as well as communications regulations and statutes.

In accessing the site you agree not to impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications.

2. Limitations on Access.

Except as otherwise expressly permitted by SMA Nutrition, any access or attempt to access other areas of the SMA Nutrition computer system or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any robot, spider, other automatic or manual process or device to "screen scrape", monitor, "mine", or copy Web pages on the Site or the content contained therein without SMA Nutrition's express written permission. You will not spam any other user of the Site for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on SMA Nutrition's infrastructure. You may not use framing techniques to enclose any SMA Nutrition trade mark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without SMA Nutrition's express written consent.

SMA Nutrition reserves the absolute right to prevent you from accessing the Site or to refuse or terminate registration to the Site or any part of the Site.

3. Forward Looking Statements.

This Site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in the reports filed with the Securities and Exchange Commission (the `"SEC"), including the most recently filed report with the SEC, by SMA Nutrition's parent company.

4. Timeliness of Information.

SMA Nutrition uses reasonable efforts to include accurate and up to date information in the Site. However, since information changes so quickly, SMA Nutrition is unable to make any warranties or representations as to its accuracy. SMA Nutrition FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

5. Privacy Policy.

SMA Nutrition respects the privacy of its users and has created a Privacy Policy that explains users' rights and responsibilities with respect to personal information disclosed on the Site. To read our Privacy Policy, please click here.

6. Liability.

Your use of the Site is at your own risk. In no event shall SMA Nutrition or any other party involved in creating, producing or delivering the Site be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use, the Site. This includes damages to or viruses that may infect your computer equipment. SMA Nutrition does not guarantee or warrant that files available for download from this Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you "AS IS" without warranties of any kind, either express or implied, including, but not limited to warranties of satisfactory quality, fitness for a particular purpose 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. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

7. Indemnification.

You agree to indemnify, defend and hold harmless SMA Nutrition, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms & Conditions, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

8. Confidentiality.

Subject to the terms and conditions set forth in our Privacy Policy, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary information. SMA Nutrition, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further SMA Nutrition, and its affiliates, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

9. Trade marks.

The trade marks, logos and service marks (collectively, the "Trade mark") displayed on the Site are registered and unregistered trade marks of SMA Nutrition and others. In addition, all page headers, custom graphics, button icons and scripts are service marks, trade marks and or trade dress of SMA Nutrition and may not be copied, in whole or in part, without the prior written permission of SMA Nutrition. You acknowledge that the Trade marks used and displayed on this site are and shall remain the sole property of SMA Nutrition or the Trade mark owner. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trade marks without the express written permission of SMA Nutrition or the Trade mark owner. Your misuse of the Trade mark on the Site and in its contents, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that SMA Nutrition will aggressively enforce its intellectual property rights in the Site and its contents to the fullest extent of the law, including by seeking criminal sanctions.

10. Copyrights.

SMA Nutrition grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "SMA Nutrition Content") on the Site solely for your personal, non-commercial use. SMA Nutrition may revoke such privilege at any time with or without notice for any reason or no reason. Any and all SMA Nutrition Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of SMA Nutrition and/or its suppliers, and are protected under worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the SMA Nutrition Content set forth above, SMA Nutrition grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of SMA Nutrition, is strictly prohibited.

11. Online Communications.

Although SMA Nutrition may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like on the Site, SMA Nutrition is under no obligation to do so and assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. SMA Nutrition assumes no responsibility for checking information posted in discussions, chats, transmissions, bulletin boards or the like on the Site for accuracy.

12. Operating Policy.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. SMA Nutrition will fully cooperate with any law enforcement authorities or court order requesting or directing SMA Nutrition to disclose the identity of anyone posting any such information or materials or trying to mislead others as to the identity or origin of any communications.

13. Review of Communications.

SMA Nutrition reserves the right, but is not obligated, to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trade mark or other intellectual property right of another, or (d) offensive, objectionable or otherwise unacceptable to SMA Nutrition at its sole discretion.

14. Editorial Policy.

SMA Nutrition reserves the right to alter or delete material from the Site at any time.

15. No Endorsement.

Certain links on the Site lead to resources located on servers that are not maintained by SMA Nutrition or under its control. We provide such links merely for our users' convenience. SMA Nutrition is not responsible for the content of any such referenced Web Sites or for the availability of access to such web sites. Inclusion on the Site of any link to another web site, or any reference to any product or service by trade name, trade mark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by SMA Nutrition. Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such linked sites.

16. Void Where Prohibited.

Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. SMA Nutrition reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Site is void where prohibited

17. Miscellaneous.

These Terms & Conditions, together with our Privacy Policy and any other agreement that may be entered into by you and SMA Nutrition in connection with a specific product or service of SMA Nutrition, constitute the entire agreement between you and SMA Nutrition and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms & Conditions may not be modified or amended by you without the prior written consent of SMA Nutrition. SMA Nutrition may modify or amend these Terms & Conditions and the Privacy Policy at any time without notice to you. You should regularly review these Terms & Conditions for any modifications or amendments to these Terms & Conditions as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms & Conditions, as amended. If any clause or provision set forth in these Terms & Conditions is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms & Conditions and your use of the Site and any products and services provided by the Site shall be governed by English law without regard to its conflicts of laws principles. The headings used in these Terms & Conditions are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms & Conditions.

SMA Nutrition is a business name of John Wyeth & Brother Limited, whose registered office is at Huntercombe Lane South, Taplow, Maidenhead, Berkshire SL6 0PH, UK