Welcome to TCHHome.com a website operated by Twinlab Consolidated Holdings, Inc., including any subsidiary thereof, (hereafter collectively referred to as “TCH” “we” or “us”).
TCH reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms will mean you accept those changes and that they apply to you. These Terms and Conditions of Use apply to every web site maintained by TCH.
This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, images, button icons, digital downloads, designs, logos, video material, audio clips, and data compilations (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by TCH or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of TCH and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers, and is protected by U.S. and international copyright laws. You may view, copy, download or print material appearing on this Site for your personal use only and subject to the following conditions:
You may not copy the content for commercial use or distribution;
You may not modify the contented or repost the content to other sites;
all copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and
the copyright notice and permission notice must appear on each copy.
Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or TCH logos without the express written permission of TCH or the owner of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or net-worked computer environment is prohibited. Access to and use of the Site is solely for your personal information, education and communication with TCH. No right, title or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing or other use of the Site.
This website contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. Such forward-looking statements may be identified by the use of the following words (among others): “believes,” “expects,” “may,” “will,” “plan,” “should” or “anticipates,” or comparable words and their negatives. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, the risks and uncertainties include, among other things: the uncertainty of whether we will be able to obtain substantial additional funds in order to continue our operations and execute upon our business plan, regulatory developments in the United States and foreign countries, that could negatively impact the sales of our products in those jurisdictions; competition in our industry; the rate and degree of market acceptance of our products; raw material price fluctuations; and other risk factors as set forth in our SEC filings. Investors are urged to consider carefully the disclosures in our filings with the Securities and Exchange Commission, including the disclosures regarding risks and uncertainties affecting TCH described therein, available from the SEC’s website at www.sec.gov. TCH assumes no obligation to update any forward-looking statements contained in this website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
TCH may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. TCH does not have a duty to update information contained in this website, and TCH will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
INTERACTIONS WITH OTHER MEMBERS (IF APPLICABLE)
One or more websites operated by TCH may allow users to create an account or register for services that may allow such users, among other things, to communicate with one another (such account holders or registered users being referred to herein as “Members”). You are solely responsible for your interactions with other Members. You understand that TCH does not in any way screen Members, nor does TCH inquire into the backgrounds of Members nor attempt to verify the statements of Members. TCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL TCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand that TCH makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you may meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
This website may contain links to websites operated by other parties. Such linked sites are not under the control of TCH and TCH is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply TCH endorsement of material on any other site, and TCH disclaims all liability with regard to your access to such linked websites. TCH provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.
The Site is intended for individuals over the age of eighteen (18). You must be at least 18 years of age to use the Site and to register as a Member (if applicable). TCH operates the Site from within the United States. The content and materials on the Site are intended for United States residents. If you access the Site from outside of the United States, please keep in mind that it may not conform with the laws of your country. You may not use the Site in violation of United States export laws and regulations.
Upon registration as a Member (if applicable), you will designate a username and password. You are solely responsible for maintaining the confidentiality of your username and password, and you are fully responsible for all activities on the Site that occur under your username and password. You agree to (a) immediately notify TCH of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TCH will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID to your account.
Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including the unauthorized collection of usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of TCH, which may be revoked at any time, for any reason, in TCH’s sole discretion.
TCH welcomes your comments. However, please do not send TCH any creative ideas, original materials, or suggestions other than those we have specifically requested. Any communication or material you transmit to TCH or post to the Site by electronic mail or otherwise, including any data, questions, answers, comments, suggestions, testimonials or the like will be deemed, and shall remain, the property of TCH.
TCH requires that you not use the Site to violate anyone’s copyright, trademark or other intellectual property rights. By submitting material to TCH or the Site, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. In addition to any other remedies available to TCH, you agree to indemnify, defend, and hold TCH and its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, losses or liability by any third party arising out of or associated with any material you submit to TCH or the Site.
Further, you agree not to use this Site to:
Upload, post, email or otherwise transmit any material that is unlawful, false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of TCH, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with TCH, our affiliates or any other person or entity;
Upload, post, email or otherwise transmit any material that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any material that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” unsolicited mass mailings, “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
Upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
“Stalk” or otherwise harass another user of the Site;
Collect or store personal data or attempt to collect or store personal data about other users of the Site;
Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses; or
Assist or permit any person to engage in any of the activities described above.
Although TCH cannot and does not review any or all material submitted by users to the Site, TCH reserves the right to remove any material at any time for any or no reason, in its sole discretion.
The Site provides information regarding nutrition, health and fitness and content published over the internet and is intended only to assist users by providing useful information for them to consider. TCH is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Site should be construed as such advice or diagnosis. The information and content of the Site should not be interpreted as a substitute for consultation, evaluation, or treatment by a physician or health care professional. Any calorie calculators and health tools found on the Site do not provide medical advice and do not replace the advice of a medical professional. Care has been taken to make sure the calculators and tools are generating correct results, but no guarantee is made that the results are accurate. The health tools use professionally accepted and peer reviewed algorithms or simple mathematical equations to calculate their results. You are urged and advised to seek the advice of a physician or health care professional before beginning any diet or exercise program or regimen. The Site is intended for use only by healthy adult individuals. The Site is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of diet or exercise program or regimen.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
TCH MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, REGARDING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.
SPECIFICALLY, TCH MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING MEMBERS INCLUDED IN THE RESULTS OF ANY BUDDY SEARCH (WHERE APPLICABLE), INCLUDING, BUT NOT LIMITED TO, YOUR COMPATIBILITY WITH SUCH MEMBERS. TCH WILL PROVIDE YOUR SCREEN NAME, BUT NOT YOUR EMAIL ADDRESS OR ANY PERSONAL INFORMATION ABOUT YOU, TO THE MEMBERS YOU CHOOSE TO CONTACT THROUGH THE SITE. YOU ACCEPT RESPONSIBILITY AND SOLE LIABILITY FOR ANY INFORMATION YOU CHOOSE TO PROVIDE TO OTHER USERS OR MEMBERS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS. TCH IN NO WAY SCREENS OR INVESTIGATES USERS, MEMBERS OR POTENTIAL MEMBERS. TCH RECOMMENDS THAT YOU TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH USERS OR MEMBERS, ESPECIALLY WHEN CONSIDERING IN-PERSON MEETINGS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold TCH harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which TCH may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any provision of these Terms.
GOVERNING LAW AND CHOICE OF FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Site or these Terms will be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause TCH irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, TCH shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
In addition to any other remedies available to TCH, if you breach any of the Terms, your right to use this Site will terminate automatically. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made in accordance with these Terms or otherwise.
The Terms embody the entire agreement and understanding between TCH and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
In any action against us arising from the use of the Site or these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitutes the entire agreement between you and us relating to the subject matter herein.
We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.