Effective Date: September 3, 2013.
1. LEGAL AGREEMENT.
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.
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.
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.
7. DISCLAIMER OF WARRANTIES.
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.
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.