Terms and conditions including
disclaimer
(1)
Thank you for visiting our Web Site. You agree to read all of
the terms set forth below because each term may be important.
The Greentea-dietaid.Com (hereafter, the "Company") Web Site is
protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and
other copyright laws. The contents of the Company Web Site are
only for your personal, non-commercial use. All materials
contained on the Company Web Site are protected by copyright,
and are owned or controlled by Company or the party credited as
the provider of the Content. You will abide by any and all
additional copyright notices, information, or restrictions
contained in any Content on the Company Web Site.
(2)
This Web Site is not
intended to provide medical advice. The material in this site
is provided for educational and informational purposes only,
and is not intended to be a substitute for consultation by a
healthcare provider. The products, services and/or information
provided by any company or individual which you may access from
our site are outside the control of Company and Company shall
not be liable to you or to anyone else in connection with any
such products services or information provided. Please CONSULT
YOUR OWN PHYSICIAN or appropriate healthcare provider about the
applicability of any opinions or recommendations with respect
to your own symptoms or medical conditions before taking
vitamins, minerals, herbs or supplements or altering your
diet. The descriptions and use pertaining
to herbs, supplements, minerals, vitamins or any other dietary
supplement(s) have not been evaluated by the FDA, these
products are not intended to diagnose, treat, cure, or prevent
any disease. Information presented on each
herb,vitamin,mineral and dietary supplement is based on
the manufacturers recommendation(s). We cannot
and do not warrant that the information on this server is
absolutely current, due to the nature of the healthcare
industry, health information changes frequently and every
effort is made to ensure that it is kept as current as
possible. We cannot and do not warrant the accuracy of the
information beyond the source documents, although we do make
every attempt to work from authoritative sources. Company does
not represent or endorse the accuracy or reliability of any
advice, opinion, statement, or other information displayed or
distributed through the Company Web Site, including third party
assessments and calculators. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. The Company reserves
the right, in its sole discretion, to correct any errors or
omissions in any portion of the Company Web Site. Before
ordering products, you agree to read all available information
on products (including clicking on the "more" link following
the initial product information) so as to be advised of some
important information which regards the use and safety of each
product.
(3) You
represent, warrant and covenant that: (a) you shall not upload,
post or transmit to or distribute or otherwise publish through
the Company Web Site any materials which (i) restrict or
inhibit any other user from using and enjoying the Company Web
Site, (ii) are unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent, (iii) constitute or encourage
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate law, (iv) violate,
plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of
privacy or publicity or any other proprietary right, (v)
contain a virus or other harmful component, (vi) contain any
information, software or other material of a commercial nature,
(vii) contain advertising of any kind, or (viii) constitute or
contain false or misleading indications of origin or statements
of fact; and (b) that you are at least eighteen (18) years
old.
(4) The Company
Web Site contains links and pointers to the other related World
Wide Web Internet sites, resources, and sponsors of the Company
Web Site. Links to and from Company Web Site to other third
party sites, maintained by third parties, do not constitute an
endorsement by Company or any of its subsidiaries or affiliates
of any third party resources, or their contents.
(5)
Company does not and cannot review all materials posted to the
Company Web Site by users or third parties, and Company is not
responsible for any such materials. Although the Company
attempts to ensure the integrity and accurateness of the Site,
it makes no guarantees whatsoever as to the correctness or
accuracy of the Site. It is possible that the Site could
include inaccuracies or errors, and that unauthorized
additions, deletions and alterations could be made to the Site
by third parties. In the event that an inaccuracy arises,
please inform the Company so that it can be corrected. Company
reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request,
or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in Company's sole
discretion are objectionable or in violation of this
Agreement.
(6) THE
COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH
THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND
WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE
MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE
SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR
ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR
FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY
LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND
AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY
WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF
THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN.
(7) IN
NO EVENT SHALL THE COMPANY BE LIABLE, IN LAW OR EQUITY, FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
SPECIAL DAMAGES WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL
CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT
LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO
THIS AGREEMENT AND THE SERVICES PROVIDED WILL NOT EXCEED THE
MOST RECENT FEES PAID BY YOU UNDER THIS AGREEMENT. IN ADDITION,
AN ADDITIONAL REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR
SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE
SERVICES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU. The Company disclaims any and all responsibility
for content contained in any third party materials provided
through links from the Company Interact site. Company makes no
representation that products in the Company Web Site are
appropriate or available for use in other locations, and access
to them from territories where their contents are illegal is
prohibited. Those who choose to access the Company Web Site
from other locations are responsible for compliance with
applicable local laws.
(8) By
posting messages, uploading files, inputting data or engaging
in any other form of communication (individually or
collectively "Communications") to the Company Web Site, you
hereby grant to Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise
exploit such Communications, in all media now known or
hereafter developed. You hereby waive all rights to any claim
against Company for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such
Communications. You acknowledge that transmission to and from
this Company Web Site are not confidential and your
Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to Company, no
confidential, fiduciary, contractually implied or other
relationship is created between you and Company other than
pursuant to this Agreement.
(9) You
agree to indemnify, defend and hold harmless Company, its
officers, directors, employees, agents, licensors, suppliers
and licensors from and against all losses, expenses, damages
and costs, including reasonable attorneys* fees, resulting from
any violation of this Agreement or any activity related to your
account (including negligent or wrongful conduct) by you or any
other person accessing the Web Site on or by using your
account.
(10)
This Agreement and the Privacy Policy constitutes an agreement
between Company and you with respect to your use of the Company
Web Site. You agree to read the Privacy Policy for other
important terms. Any ambiguity between this Agreement and the
Privacy Policy shall be resolved so as to increase the
enforceability of this Agreement.
(11) This
agreement shall be governed by and construed in accordance with
the laws of the state of Florida, without regard to conflicts
of laws provisions. You agree to waive your right to trial by
jury and judge. By accessing this web site and using the
information therein available and/or by purchasing any products
or services made available through this site, you agree with
the Web Site operators, their service providers, affiliates,
parents, subsidiaries and any content provider or offeror of
goods or services on this site or through any other associated
activity, that any claim or dispute you may have against or
with any of these persons or entities, whether related to the
described transactions or otherwise, including the
enforceability of this arbitration agreement, will be resolved
by binding arbitration under the Code of Procedure of
arbitration-forum.com (the "Code") in effect at the time the
claim is filed. The Code is available at
www.arbitration-forum.com or can be obtained by calling
1-800-474-2371. This arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. ** 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C.
** 201-208 or as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held as provided by
the Code and if any In-person Hearing is required, it shall be
held in (Orlando, Florida, USA). In the event a court having
jurisdiction finds any portion of this agreement unenforceable,
that portion shall not be effective and the remainder of the
agreement shall remain effective.
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