Terms of Use Agreement

TERMS OF USE AGREEMENT

Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on May 1st, 2021.

This Terms of Use Agreement outlines the guidelines for using the Commonwealth Nutrition Online Service. By accessing the www.CommonwealthNutrition.com website, you (referred to as the “Member”) agree to comply with these terms and conditions. If you do not consent to the terms and conditions outlined in this agreement, it is advised that you promptly discontinue all usage of this website. We retain the right to modify, alter, or update the terms and conditions of this agreement at any time without prior notice. Any modifications will be effective immediately upon being posted on the www.CommonwealthNutrition.com website. Continued use of the Service following the posting of amendments signifies your acknowledgment and acceptance of the Agreement and its modifications. Except as specified in this paragraph, amendments to this Agreement may not be made.

1. Description of Service
Commonwealth Nutrition is providing Member with general information regarding the company and its transportation logistics and shipping services. Member must provide (1) all equipment necessary for their Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.

2. Disclaimer of Warranties
The site is provided by Commonwealth Nutrition on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Commonwealth Nutrition makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Commonwealth Nutrition shall have no liability for any interruptions in the use of this Website. Commonwealth Nutrition disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.

3. Limitation of Liability
COMMONWEALTH NUTRITION SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, COMMONWEALTH NUTRITION SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMMONWEALTH NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification
Member agrees to indemnify and hold Commonwealth Nutrition, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service
Commonwealth Nutrition reserves the right to modify or discontinue the Service with or without notice to the Member. Commonwealth Nutrition shall not be liable to Member or any third party should Commonwealth Nutrition exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Commonwealth Nutrition does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Commonwealth Nutrition makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

7. Governing Jurisdiction of the Courts Pennsylvania
Our website is operated and provided in the State of Pennsylvania. As such, we are subject to the laws of the State Pennsylvania, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Pennsylvania.

8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 www.CommonwealthNutrition.com, with all rights reserved, or is the property of Commonwealth Nutrition and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Commonwealth Nutrition is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Commonwealth Nutrition.

Commonwealth Nutrition™ and www.CommonwealthNutrition.com™ are exclusive trademarks owned by Commonwealth Nutrition. Unauthorized use of Commonwealth Nutrition’s trademarks in connection with any product or service not provided by Commonwealth Nutrition, in a manner likely to cause confusion among customers, or in a way that disparages or discredits Commonwealth Nutrition is strictly prohibited.

All other trademarks featured on Commonwealth Nutrition’s website belong to their respective owners and do not constitute an endorsement or recommendation of those vendors. Furthermore, the use of trademarks or links to vendors' websites is not intended to imply, either directly or indirectly, that these vendors endorse or have any affiliation with Commonwealth Nutrition.

10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.CommonwealthNutrition.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail : 6000 Babcock Blvd, Suite 101, Pittsburgh, PA 15237 By Telephone: 1-412-587-5426 By Email: sales@commonwealthnutrition.com

11. Botnets
Commonwealth Nutrition retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Commonwealth Nutrition reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Commonwealth Nutrition, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].

13. Mobile Program Terms of Service
The Commonwealth Nutrition mobile message service (the "Service") is operated by Commonwealth Nutrition (“Commonwealth Nutrition,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information, as well as promotions, specials, and other marketing offers from Commonwealth Nutrition via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Commonwealth Nutrition mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email sales@commonwealthnutrition.com

We reserve the right to modify any short code or telephone number used to operate the Service at our discretion and will inform you of such changes. Please be aware that any messages, including STOP or HELP requests, sent to a short code or telephone number that we have altered may not be received, and we cannot be held responsible for honoring requests made in such messages.

The wireless carriers supporting the Service are not accountable for delayed or undelivered messages. It is your responsibility to furnish us with a valid mobile number, and you commit to maintaining accurate, complete, and up-to-date information pertaining to your message receipt.

In accordance with applicable law, you acknowledge and agree that we shall not be held liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any actions you may or may not undertake based on the information or Service provided.