Terms of Use

Effective Date: September 3, 2013.

1. LEGAL AGREEMENT.

YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS OF USE CAREFULLY.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE POSTED PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER OR USE THIS SITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR SITE OR PRODUCTS OFFERED.

The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment.  This information and the products provided should only be used in conjunction with the guidance and care of your physician.  Consult your physician before using any product on or through the Website.  Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your health or medical condition.

2. USER AGREEMENT.

By using this Site, you agree to be bound by, and to comply with, these Terms of Use and the posted Privacy Policy. As such, the privacy policy is hereby incorporated by reference into these Terms of Use as though fully set forth herein.  If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.

3. CHANGES TO TERMS OF USE AND POLICIES.

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use or Privacy Policy, which appear on this site at any time for any reason which change, modification or alteration is effective upon posting on the site without further notice to you.  It is your responsibility to review the Terms of Use and Privacy Policy for changes periodically.  Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

4. MARKETING DISCLOSURE.

a. This website is a market place.  All services and products ordered from this site belong to third parties and not the owner of this site.  The owner of this site has a material financial connection to the provider of the goods and services referred to on the site.  The owner receives payment for each qualified sale or payment for each potential customer referral.  The owner may be advertising on behalf of a third party advertiser with whom the provider of the products or services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral.  Information regarding the products and services on this website are provided by a third party owning or advertising such product and service on the site and therefore the correctness of such information are unknown to the site owner who does not undertake due diligence to confirm such third party representations regarding third party advertising claims.

b. If you are redirected to the third party advertiser’s site and you should review their Terms of Use and Privacy Policy as they differ significantly from our own.  The owner is not affiliate with the third party advertiser other than stated above.  The owner does not recommend or endorse any product or service on this website.  If you are contacted by phone from the third party advertiser you should request their Terms of Use and privacy policy at that time before providing any personal information to the call center.

c. To the extent there are testimonials on the website, they are not provided by the owner of the website, the advertiser providing such testimonials warrants that the results provided  are accurate and true.  However, these examples are not necessarily typical or average nor do they represent a guarantee of your personal results.  Please contact the owner of such products and services directly with any questions regarding claims made herein.

5. PROHIBITED USER CONDUCT.

a. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the site or any linked site.  You are prohibited from accessing or attempting to access private areas of the site or any other user’s information.  You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.

b. You are prohibited from using any data, content, and any information provided or used on the site, as well as your use of our site, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties.  You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.  You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.

6. INTELLECTUAL PROPERTY.

The contents of this Site, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. These Terms of Use do not grant You any license whatsoever to the Site Material. We authorizes You to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. We retain all intellectual property rights in the Site Material.

7. DISCLAIMER OF WARRANTIES.

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

b. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.

8. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH OUR SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING OR USING OUR SITE.

9. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. INDEMNITY.

By using the site you agree to indemnify us and hold us harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of the site, or your use of the products and services advertised thereon, or from any person’s use of any ID regardless of whether you authorized such use or not.  By using the site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our advertisers arising out of or in any way related to such disputes and/or to the products and services.

11. CHOICE OF LAW, VENUE AND JURISDICTION.

This site (excluding third party linked sites) is controlled by Us from Our offices within the State of Florida.  It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site.  As each of these places has laws that may differ from Florida, by accessing this site, both you and We agree that the statues and laws of Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof.  You and We also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the location of Our primary business in Florida and any legal proceedings shall be conducted in English. We make no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  If the law of your state, or US Territory does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify Us  against any action you undertake to use Our website.  This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

12. GENERAL TERMS.

a. If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  These Terms of Use and posted Privacy Policy set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any Terms of Use on any of customer’s documents or purchase orders.

b. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the site.  Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.