TERMS OF USE

Last Updated and Effective: April 16, 2021

The CRN Foundation, together with its sole member Council for Responsible Nutrition (CRN) (the leading trade association for the dietary supplement and functional food industry) offers this website (found at www.vitamindandme.org and www.vitamindandme.com) to provide information about Vitamin D (our “Website”).  The CRN Foundation offers the Website to you conditioned upon your acceptance of these terms and conditions (“Terms of Use”).  Your use of any Website constitutes your acceptance to these Terms of Use.  If you do not agree to abide by these Terms of Use, you must immediately terminate your use of the Website.

CHANGES TO THE TERMS OF USE

CRN may revise and update these Terms of Use from time to time in its sole discretion.  All changes are effectively immediately once they are posted to the Website.  Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance and agreement to the changes.

LIMITED USE LICENSE

Subject to the terms of this Terms of Use, CRN grants you a limited, non-exclusive, and nontransferable license to:

(a)   download, install, and use the information and documents (“Content”) contained on the Website for your personal, non-commercial use, and (b) access, stream, download, and use the Content made available in or otherwise accessible through the Website, strictly in accordance with these Terms of Use and our Privacy Policy, which are incorporated herein by this reference.

Except as expressly permitted by these Terms of Use, you shall not:

(a) copy the Website; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time; or (f)  remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website.

You acknowledge and agree that the Website are provided under license, and not sold, to you. You do not acquire any ownership interest in the Website under this Terms of Use, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms of Use.

Trademarks, names, logos, product and service names, designs and slogans on the Website are trademarks of CRN, CRN Foundation, its affiliates, licensors, service providers, or other third parties.  Nothing herein or on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission.  The Website and all of their content, including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are each protected as a compilation under the copyright laws of the United States and other countries.  CRN, CRN Foundation, its affiliates, licensors, and service providers (as applicable) reserve, and shall retain, their entire right, title, and interest in and to the Website, including, but not limited to, all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

THIRD-PARTY MATERIALS

The Website may display, include, or make available third-party content (including data, information, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that CRN Foundation and CRN are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CRN Foundation and CRN do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

INFORMATION AVAILABLE ON THE SITES

The Content on these Website are intended for general educational and informational purposes only, do not constitute medical or legal advice, and are not intended to be a substitute for the advice of a physician, attorney or other licensed professional. CRN Foundation and CRN make no warranty, express or implied, concerning the accuracy, completeness, or usefulness of the Content, and in no event shall CRN Foundation or CRN or its employees be liable for any damage of any kind resulting from the viewing or use of the Content. References to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, do not constitute any standard set or enforced in any way by CRN Foundation or CRN or imply any endorsement or recommendation by CRN Foundation or CRN.

USER ACCOUNT REGISTRATION

Some features that may be available on the Website may require you to register an account with CRN Foundation.  By registering an account with, and in consideration of your use of, any of the Website you agree to provide true, accurate, current, and complete information about yourself.  Some features on the Website may require use of a password.  You alone are responsible for protecting your password.  You agree that you alone will be responsible for any and all statements made, and acts or omissions that occur, through the use of your registered account, whether by you or an authorized or unauthorized user of your registered account, and that CRN Foundation or CRN will have no liability therefor.

DISCLAIMER OF WARRANTIES

THE SITES IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CRN FOUNDATION AND CRN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CRN FOUNDATION OR CRN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SITES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRN FOUNDATION OR CRN OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES OR THE CONTENT AND SERVICES FOR:

(a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SITES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CRN FOUNDATION OR CRN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CRN Foundation and CRN and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website or your breach of this Terms of Use, including but not limited to the content you submit or make available through this Website.

SEVERABILITY

If any provision of this Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Terms of Use will continue in full force and effect.

GOVERNING LAW

This Terms of Use is governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ENTIRE TERMS OF USE

This Terms of Use and our Privacy Policy constitute the entire Terms of Use between you and CRN Foundation and CRN with respect to the Website and supersede all prior or contemporaneous understandings and Terms of Uses, whether written or oral, with respect to the Website.

WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Terms of Use and any applicable purchase or other terms, the terms of this Terms of Use shall govern.