WELCOME to the Nutrition 21 website located at www.Nutrition21.com (the "Site"). Your use of the Site is governed by this Terms and Conditions Agreement (this "Agreement") which sets forth the terms and conditions governing your use of the Site as well as your access to and use of the information and content made available through the Site. By accessing or using the Site, you expressly accept and agree to be legally bound by this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

1. Overview of the Site.
The Site is available to individuals seeking information concerning Nutrition 21, Nutrition 21, Inc. and its business operations. You also may use the Site to contact Nutrition 21 with inquiries about the information on this Site. Nothing on the Site is, or should be construed as, a recommendation for a specific treatment regime or a substitute for the advice of a healthcare professional.

2. Permission to Use.
Nutrition 21, Inc. grants you a limited, non-transferable license to view and use the Site in accordance with this Agreement. Your right to use the Site is expressly conditioned on your compliance with this Agreement. You may use the Site and its contents for your personal, non-commercial use only. You may not copy, reproduce, republish, upload, post, transmit or distribute or otherwise use the Site or any of its contents for any other purpose.

3. Reservation of Right to Modify the Agreement.
Nutrition 21,Inc. reserves the right to modify this Agreement or to impose new or additional terms of use at any time ("Modified Terms"). Modified Terms shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued use of the Site following such notice shall be deemed to conclusively indicate your acceptance of any and all such Modified Terms.

4. Security.
You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you may not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorized to access; or (c) attempt to probe, scan or test the vulnerability of the Site. Violations of system or network security may result in civil or criminal liability. Nutrition 21, Inc. reserves the right to investigate any suspected violations of this section and may involve and cooperate with law enforcement authorities in prosecuting anyone who has participated in such violations.

5. Ownership.
The Site and all content, materials and software posted to or used in conjunction with the Site including, but not limited to, text, graphics, logos, button icons, images and audio and video clips are the property of Nutrition 21, Inc. or its licensors and are protected by U.S. and international copyright, trademark and/or other intellectual property rights laws. Except to the minimum extent otherwise expressly permitted under this Agreement, you may not copy or exploit materials used in conjunction with the Site without the express written approval of Nutrition 21,Inc. You may not remove, alter, obscure or obliterate any proprietary notices, such as copyright and trademark notices, contained in this Site.

6. Trademarks.
Chromax, Diachrome, Magnemax, Selenomax, SelenoPure, Zeramax, Zinmax, Nutrition 21, as well as other Nutrition 21, Inc. logos and product and service names displayed on the Site are the trademarks of Nutrition 21, Inc. All other product and service marks contained in the Site are the trademarks of their respective owners. You may not use any Nutrition 21, Inc. trademarks or logos for the purpose of creating a hypertext link to the Site with out the express written approval of Nutrition 21, Inc. Nothing on the Site or in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Nutrition 21, Inc. or other trademarks on the Site. All rights not expressly granted in this Agreement are hereby reserved.

7. Communications Via the Site.
You may use the Site to contact Nutrition 21, Inc. with inquiries about information contained on the Site. When you provide any information to Nutrition 21, Inc. you agree to provide current, complete, true and accurate information, and not to use a false or misleading name or a name that you are not authorized to use. You may not transmit material to or through the Site that (a) infringes or violates any intellectual property rights or privacy rights of any third party; or (b) contains confidential information or trade secrets belonging to you or any third party. The use by Nutrition 21, Inc. of the information that you submit to Nutrition 21, Inc. is governed by the Nutrition 21, Inc. Privacy Policy which is incorporated herein by this reference. Unless otherwise provided in the Nutrition 21, Inc. Privacy Policy, all communications with Nutrition 21, Inc. are not confidential and Nutrition 21, Inc. has no obligations with respect to this information.

8. Links.
Nutrition 21, Inc. may place hypertext links ("Links") on the Site that connect to other websites. Your linking to any websites from the Site is at your own risk, and you agree that Nutrition 21, Inc. does not endorse the site operator(s) or the content of the linked site(s). You may not link to this Site in a manner that could lead others to conclude that an association exists between Nutrition 21, Inc. and the other website. Nutrition 21, Inc. reserves the right to terminate any such links without notice. You may not frame the Site or otherwise display the Site without the express written approval of Nutrition 21, Inc. You may not place any text or other content on your website that explicitly or implicitly suggests an association between you and Nutrition 21, Inc.

9. Third-Party Information.
Nutrition 21, Inc. may provide certain third-party information or content. This third-party information or content does not represent the viewpoint or opinions of Nutrition 21, Inc., nor does Nutrition 21, Inc. take responsibility for this third-party information or content.

10. Compliance with Laws.
You may use the Site only for lawful purposes. You agree that you will, at all times, comply with all applicable local, state, national and international laws, statutes, rules, regulations, ordinances and the like that are applicable to your use of the Site.

11. Warranty Disclaimer.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NUTRITION 21, INC. DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

12. Limitation of Liability.
NUTRITION 21, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF ANY OR ALL OF THE SITE (EVEN IF NUTRITION 21, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ANY EVENT, THE AGGREGATE LIABILITY OF NUTRITION 21, INC. FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). DUE TO APPLICABLE LAW IN CERTAIN JURISDICTIONS, THE FOREGOING LIMITATION OF LIABILITY MAY NOT PERTAIN TO YOU.

13. Order of Precedence.
This Agreement governs your use of the Site. This Agreement does not modify, alter or amend any other agreement that you have entered or may enter into with Nutrition 21, Inc., including any agreement governing the use of a Nutrition 21, Inc. product.

14. Choice of Law and Forum.
This Agreement shall be interpreted and construed in accordance with the law of the State of New York, United States of America, regardless of the place of its execution or performance or your agreement. Only courts (state and federal) located in New York, N.Y., U.S.A. will have exclusive jurisdiction over any controversy related to this Agreement. Regardless of any statute or law to the contrary, you must file or otherwise commence any claim or cause of action arising out of or related to this Agreement or the Site within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred.

15. Miscellaneous Terms.
This Agreement constitutes the entire agreement between you and Nutrition 21, Inc. with respect to the subject matter addressed herein, and governs your use of any or all of the Site. The failure of Nutrition 21, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Nutrition 21, Inc. in its sole discretion may terminate this Agreement and your right to access the Site at any time for any or no reason including, but not limited to, improper use of the Site and failure to adhere to this Agreement. Termination of this Agreement will not affect Nutrition 21, Inc.'s rights to relief in law or equity.

YOU HAVE READ AND UNDERSTAND THAT BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS AND CONDITIONS.