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DISCLAIMER
DISCLAIMER Recommendations on this site represent
the opinions of Dr. David Singer and staff based upon their knowledge,
experience and training as to safety and effectiveness, these recommendations
have not been reviewed by the U.S. Food and Drug Administration. The material
provided on this site is for educational purposes only and any recommendations
are not intended to replace the advice of your physician. You are encouraged to
seek advice from a competent medical professional regarding the applicability
of any recommendations with regard to your symptoms or condition.
IMPORTANT MESSAGE It is important that you do not
reduce, change, or discontinue any medication or treatment without consulting
your physician first. Please note that the brand names mentioned in this guide
are registered properties of their manufacturers.
The
following Terms and Conditions governing the use of NewHealthVitamins.com are
designed to protect everyone who uses NewHealthVitamins.com.
If
you use this site, by that act, you agree to these Terms and Conditions. If you do not agree to these Terms and
Conditions, do not use this site. New Health Products, LLC (owner of
NewHealthVitamins.com) has the right to revise and update these Terms and Conditions
at any time without prior notification.
Medical Content The content of NewHealthVitamins.com,
including text, graphics, images, information obtained from our licensors and
all other content is offered on an informational basis only. No content is intended to be a substitute
for professional medical advice, diagnosis or treatment. You should always
seek the advice and guidance of a qualified health provider before: 1. Making
any adjustment to any medication or treatment you are currently using. 2. Stopping
any medication or treatment you are currently using. 3. Starting any new
medication or treatment, whether or not it was discussed on New HealthVitamins.com.
Dr. David Singer and staff offers their recommendations only as "generally
informational" and not as specifically applicable to any individual's
medical problem(s), concerns and/or needs.
If you think you may have a
medical emergency, call your doctor or your local health emergency service
immediately. If you choose to utilize any information provided by Dr. David
Singer, his editors or any other employees of New Health Products, LLC, you do
so solely at your own risk.
NewHealthVitamins.com
may contain health and medical-related materials which some may find sexually
explicit and personally offensive. Entry into NewHealthVitamins.com, and all
the areas of this site, constitutes acceptance of this risk.
Editorial and
Message Board Content Message
boards on health-related websites often contain frank talk about, and
discussions on, a variety of topics. Consequently, NewHealthVitamins.com may
contain health and medical-related materials which you could find sexually explicit
and personally offensive. Although New Health Products, LLC and the staff of
NewHealthVitamins.com will moderate messages posted on the message board and
regularly reviews content, occasionally articles and/or discussions may appear
that some people find offensive. Entry into NewHealthVitamins.com, and all the
areas of this site, constitutes your acceptance of this risk.
Children's
Protection and Privacy Policy KIDS: Ask your parents for permission before
you send any information about yourself to anyone on the Internet and also
before you post any information about yourself anywhere on the Internet. New Health Products, LLC considers the
safety of children to be of paramount importance. NewHealthVitamins.com is not
written, nor is this site designed, to attract children and therefore may be
unsuitable for their use. Specifically, articles, observations and message
board commentary may not be suitable for
children. We are also committed to protecting the privacy of children and
we will not knowingly collect personal information from anyone under the age of
13. We urge parents to monitor and guide their children's use of computers, especially
in regard to the Internet, to prevent children from visiting inappropriate web
sites or opening themselves to possible harm of any kind from unscrupulous
people.
Use of Content All content is protected by copyright
under United States and foreign laws. All content remains the property of New
Health Products, LLC and its licensors. Any use of the content not expressly
permitted by these Terms and Conditions is a breach of these Terms and
Conditions and may violate copyright, trademark, and/or other laws. Content and
features are subject to change or termination without notice at the discretion
of New Health Products, LLC. All rights, whether expressed or not, are reserved
by New Health Products, LLC and its licensors.
New
Health Products, LLC authorizes you to make single copies of the material found
on NewHealthVitamins.com for personal use only. You must attach the following
copyright to everything you copy:
©2010,
New Health Products, LLC. All rights reserved.
Any
violation of the Terms and Conditions immediately terminates your right to use
the content contained in NewHealthVitamins.com and you are required to destroy
all copies you have made of that content.
Privacy Policy At NewHealthVitamins.com it is
important to us that we protect your privacy. When you place an online order
with us, or register for our email communications, we collect your email
address, land address, and sometimes telephone number. This information will be
used by New Health Products, LLC for service, editorial, and marketing
purposes. We will sometimes share your information with third party vendors who
assist us with the preparation and mailing of our editorial and marketing
communications, and with order fulfillment facilities. We will also
occasionally provide your address to carefully-screened partners or third-party
companies for the purpose of contacting you with news about relevant products
or publications. We will never rent or sell your telephone or fax number to any
third party. The web sites maintained by New Health Products, LLC, including
this one, may place a "cookie" in your computer's browser file. The
cookie helps us recognize your browser and allows us to provide you with a more
personal experience and better service when you visit our site. For example,
cookies help us provide you with recommendations for information, products, or
services that may be helpful to you, based on how you've browsed our site
before. Cookies also help us keep track of products you've left in your
shopping cart that you may wish to put on "hold" to purchase later.
The cookie itself does not contain any of your personal information, so it does
not jeopardize the privacy of your activities, or the security of the transactions
you place at our site. You should be aware that when you voluntarily disclose
personal information (e.g., user name, email address) on the message boards or
in the chat areas of this site, that information can be collected and used by
others and may result in unsolicited messages from other message board posters
or parties. If we change or update this Privacy Policy, we will notify you by
posting a notice In our free e-letters and on our website. These notices will
allow you to easily link to and view the updated policy if you wish.
Liability The use
of NewHealthVitamins.com and its content is at your own risk. When using NewHealthVitamins.com,
information is transmitted in ways beyond the control of NewHealthVitamins.com.
New Health Products, LLC and NewHealthVitamins.com assume no liability for the
delay, failure, interruption or corruption of any data or other information in
connection with use of NewHealthVitamins.com.
The
NewHealthVitamins.com web site and its content are provided "as is."
New Health Products, LLC, its licensors, and its suppliers, to the fullest
extent permitted by law, disclaim all warranties, expressed or implied,
statutory or otherwise, including but not limited to the implied warranties of
merchantability, non-infringement of third parties' rights, and fitness for
particular purpose. Specifically, New Health Products, LLC, its licensors and
its suppliers make no representations or warranties about the following: The
accuracy, reliability, completeness, or timeliness of the content, software,
text, graphics, links, or communications provided on or through the use of
NewHealthVitamins.com.
The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the content contained on
NewHealthVitamins.com.
In
no event shall New Health Products, LLC, its licensors, its suppliers or any
third parties mentioned on NewHealthVitamins.com be liable for any damages,
including but not limited to incidental and consequential damages, personal
injury, wrongful death, lost profits, damages resulting from lost data,
business interruption resulting from the use or inability to use
NewHealthVitamins.com or the content whether based on warranty, contract, tort
or any other legal theory, and whether or not NewHealthVitamins.com is advised
of the possibility of such damages. NewHealthVitamins.com is not liable for any
personal injury, including death, caused by your use or misuse of this site,
content or public areas.
Message Board
Rules If you enter and use a message board
or chat room, also known as community, you are solely responsible for
everything you post in the those areas plus any and all consequences which may
result from your posting(s).
Any
information you read, or use in any way, is solely your responsibility as are
any consequences of any kind, which may result from the use of any information
posted in the communities of NewHealthVitamins.com. Do not attempt to
communicate any emergency medical needs through the message boards/chat rooms
of NewHealthVitamins.com. If any
circumstances occur in which you believe yourself or someone else to be in any
kind of danger, medical or otherwise, contact your local law enforcement agency
or local emergency medical system immediately.
By
entering into and using the NewHealthVitamins.com community, you—or anyone else
entering through the use of your username/password agrees: 1. Not to use a
public access area in any way that violates local, state, national, or
international law. 2. Not to post advertisements or solicitations without the
prior written approval of New Health Products, LLC. 3. Not to post any
material, whether word, image or graphic, that is obscene, defames, threatens,
harasses, abuses, slanders, embarrasses or conveys hate or ill will against any
person, especially but not limited to children, group, race, culture or other
entity, said content to be determined by New administrator at his or her sole
discretion. 4. Not to post material that infringes on the intellectual rights,
copyright and/or property rights of anyone nor especially to infringe on anyone's
right to privacy. 5. Not to intentionally disrupt the flow of dialogue. 6. Not
to post any information pertaining to or containing information which generally
falls under, but is not limited to the terms "chain letter" and/or
"pyramid scheme." 7. Not to represent yourself to be anyone other
than who you are. 8. Not to knowingly distribute viruses or any other type of
harmful or disruptive computer code. 9. Never to record any information about
another person without their consent including, but not limited to, email
addresses. 10. Not to allow anyone other than yourself to use your username/password
to post or view notices. 11. Not to spam (post the same note more than once)
nor to engage in any conduct that restricts or inhibits any other person from accessing
or using community as it is intended. 12. Not to engage in any activity which,
in the judgment of New Health Products, LLC exposes New Health Products, LLC,
its customers and providers to any liability.
NewHealthVitamins.com
reserves the right, but is not obligated, to do any or all of the following: 1. Investigate any allegation(s) about
any communication(s) that may or may not conform to the terms of the
NewHealthVitamins.com Message Board/Chat Room Rules and determine, at its sole
discretion that such communication should and will be removed. 2. Remove
postings which are deemed to be abusive, illegal, disruptive, or in any way
fail to conform to the NewHealthVitamins.com Message Board/Chat Room Rules at
the sole discretion of the NewHealthVitamins.com staff. 3. Terminate user
access to any or all public area(s) including the entirety of the
NewHealthVitamins.com site upon any breach of any NewHealthVitamins.com Terms
and Conditions of Use at the sole discretion of the NewHealthVitamins.com staff.
4. Monitor record or disclose any communication in the community. 5. Edit or
delete any communication(s) posted on the NewHealthVitamins.com site including
community, regardless of whether such communication(s) violate any rules or
standards including these rules.
New
Health Products, LLC reserves the right to take any action it deems necessary
to protect the personal safety of our guests and public. New Health Products,
LLC has no liability or responsibility to users of the NewHealthVitamins.com
site or any other person or entity for performance or non-performance of the
aforementioned activities.
Under
no circumstances, including but not limited to negligence, shall New Health
Products, LLC or any of its affiliates be liable for any direct, indirect, incidental,
or consequential damages that result from the use of NewHealthVitamins.com or
any information found thereon. You specifically acknowledge and agree that
NewHealthVitamins.com is not liable for any defamatory, offensive or illegal
conduct of any user.
If
you are dissatisfied with NewHealthVitamins.com, with any information found
thereon including community, or with any NewHealthVitamins.com Terms and
Conditions, your sole and exclusive
remedy is to discontinue using NewHealthVitamins.com.
Advertisements
And Links To Other Sites New
Health Products, LLC does not endorse the content on any third party web sites.
New Health Products, LLC is not responsible for the content of linked
third-party sites; sites framed within the NewHealthVitamins.com site or third
party advertisements, and do not make any representations regarding their
content or accuracy. Your use of third-party web sites is at your own risk and
subject to the Terms and Conditions of use for those sites.
Indemnity You agree to defend, indemnify and
hold New Health Products, LLC, its officers, directors, employees, agents,
licensors and suppliers, harmless from and against any claims, actions or
demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your
violation of these Terms and Conditions.
Jurisdiction You expressly agree that exclusive
jurisdiction for any dispute with New Health Products, LLC, or in any way
relating to your use of NewHealthVitamins.com, resides in the courts of the
State of Florida and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of Florida in connection with
any such dispute including any claim involving New Health Products, LLC or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
These
Terms and Conditions are governed by the internal substantive laws of the State
of Florida, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
General New Health Products, LLC is based in
Clearwater, FL, USA. New Health Products, LLC makes no claims that the content
is appropriate or may be downloaded outside of the United States. Access to the
content may not be legal by certain persons or in certain countries. If you
access NewHealthVitamins.com from outside the United States, you do so at your
own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms
and Conditions for any reason whatsoever: Liability, User Submissions,
Indemnity, Jurisdiction, and Complete Agreement.
Except
as expressly provided in a particular "legal notice" on
NewHealthVitamins.com, these Terms and Conditions constitute the entire
agreement between you and NewHealthVitamins.com with respect to the use of
NewHealthVitamins.com, and content. Your use of NewHealthVitamins.com is also
subject to the NewHealthVitamins.com privacy policy.
We
hope you find NewHealthVitamins.com helpful and convenient to use! Questions or
comments regarding this website should be directed to:
Email:
manager@newhealthvitamins.com
Phone:
1-800-828-1108 Fax: 727-489-4014
Write:
New Health Products 401 Yelvington Ave. Clearwater, FL 33755
©2010,
New Health Products, LLC. All rights reserved.
COPYRIGHT
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips and software,
is the property of New Health Products, LLC. The reproduction, modification,
distribution, transmission, republication, display or performance of the
content on this site is strictly prohibited. |
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Privacy Policy Guarantee
Definitions
"We", "Us" or "Our" refers to
NewHealthVitamins.com, New Health Products or David Singer Enterprises, Inc.
Our Privacy Policy
Your privacy is very important! We will never give, lease,
sell or otherwise disclose your personal information. Period! Any information
you provide to us will be held with the utmost care, and will not be used in
ways to which you have not consented. If you have any questions at all about
our privacy policy, please contact us at: manager@newhealthvitamins.com
Resale or Disclosure of Information to Third Parties
We do not sell, rent, loan, trade, or lease any personal
information collected at our site, including contact forms, download requests
or email lists.
Browser Information Collected on the Website
We analyze our website logs to improve the value of your
subscription and other products available on the website. These website logs
are not personally identifiable, and we make no attempt to link them with the
individuals that actually browse the site.
Privacy of Our Email Lists
We do not sell, rent, loan, trade, or lease the addresses on
our list to anyone. Individuals must specifically request to join our mailing
lists using the forms provided on our website or other means expressly sanctioned
by us.
Unsubscribe Policy
Your privacy is important and we strive to send e-mail only
to those who want to receive it. If you would not like to receive future
e-mails from us, you are provided with an unsubscribe link with every email we
send you. You can also reply to any email with UNSUBSCRIBE as the subject.
Newhealthvitamins.com is 100% compliant with the federal CAN-SPAM Act.
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TERMS OF USE AGREEMENTWelcome to our NewHealthVitamins.com. By using our site, you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these terms, you
should not use this site. The term "New Health Products,"
"NHP," "us" or "our" refers to David Singer
Enterprises, New Health Products and NewHealthVitmains.com, the legal name of
the owner of the New Health Products. The term "you" refers to the
user or viewer of our Web Site.
1. AGREEMENT
By using this website, you are agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and Conditions
and any other posted guidelines or rules applicable to NewHealthVitamins.com
web site.
2. RIGHT TO ACCESS
You acknowledge and agree that NewHealthVitamins.com may
terminate your access to the site or to any of the Products and Services should
you fail to comply with the Terms and Conditions or any other guidelines and
rules published by NewHealthVitamins.com. Any such termination shall be in
NHP's sole discretion and may occur without prior notice, or any notice. New
Health Products further reserves the right to terminate any user's access to
the NewHealthVitamins.com website or to any of its Products and Services for
any conduct that NHP, in its sole discretion, believes is or may be directly or
indirectly harmful to other users, to NHP or its subsidiaries, affiliates, or
business contractors, or to other third parties, or for any conduct that
violates any local, state, federal, or foreign laws or regulations. New Health
Products further reserves the right to terminate any user's access to
NewHealthVitamins.com for any reason or for no reason at all, in NHP's sole
discretion, without prior notice, or any notice.
3. COPYRIGHT
All information contained on this site is copyright (c) 2010
by New Health Products. All rights reserved. The information contained on this
site may be copied, published, distributed, broadcast by registered subscribers
only as long as no changes are made to the original document. You may not,
without prior written permission, copy, publish, distribute, or broadcast any content
on NewHealthProducts.com
4. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be
construed as, legal, financial, medical or expert advice of any kind. New
Health Products is not responsible for typographical errors, editing errors, or
news source errors. New Health Products STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM
COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER
The following general information is included for reference
purposes only. These reports provide general information about pain management,
supplements, exercise, drugs as well as natural healthcare options and standard
medical treatment options. It is specifically not intended to suggest a medical
diagnosis or treatment plan, and does not necessarily reflect the opinions of
this publisher. These Health Reports are for educational purposes only.
6. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, NHP DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO
THE FULLEST EXTENT PERMITTED BY LAW. NHP SIMILARLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NHP DISCLAIMS ANY
AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR
MATERIAL IN THE WEBSITE. NHP DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR
MATERIAL. NHP DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING
FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE,
INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. NHP MAKES NO WARRANTY REGARDING THE
RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY
NEWHEALTHVITAMINS.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH
MATERIAL.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES SHALL NHP ("New Health Products") ITS EMPLOYEES,
OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR
MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NHP OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE,
FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE WEBSITE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, THE NEW HEALTH PRODUCTS. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH
LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP,
OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGH
NEWHEALTHVITAMINS.COM
UNDER NO CIRCUMSTANCES SHALL NHP OR ITS LICENSORS BE HELD
LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS,
ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN
HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitation may not apply to
you.
8. NO LICENSE; INTELLECTUAL PROPERTY OF NHP AND OTHERS
Except as expressly provided, nothing within any of NHP
website shall be construed as conferring any license under any of the NHP's or
any third party's intellectual property rights, whether by estoppel,
implication, waiver, or otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that certain content available through and
used to operate the NHP and the WEBSITE is protected by copyright, trademark,
patent, or other proprietary rights of NHP and its affiliates, licensors, and
service providers. Except as expressly provided to the contrary, you agree not
to modify, alter, or deface any of the trademarks, service marks, or other
intellectual property made available by NHP in connection with the WEBSITE. You
agree not to hold yourself out as in any way sponsored by, affiliated with, or
endorsed by NHP, any of NHP's affiliates, or any of NHP's service providers.
You agree not to use any of the trademarks or service marks or other Content
accessible through the NHP of any purpose other than the purpose for which such
Content is outlined in paragraph 2. You agree not to defame or disparage NHP,
the trademarks or service marks of NHP, or any aspect of the WEBSITE. You agree
not to adapt, translate, modify, decompile, disassemble, or reverse engineer
the WEBSITE or any software or programs used in connection with the WEBSITE or
the NewHealthVitamins.com.
9. INDEMNITY AND RELEASE
By using the NHP web sites you agree to indemnify NHP and
its parents, subsidiaries, affiliates, officers, employees, and licensors and
hold them harmless from any and all claims and expenses, including attorney's
fees, arising from your use of the NewHealthVitamins.com web sites, your use of
the WEBSITE, or any person's use of any account or password you maintain with
any portion of the NewHealthVitamins.com, regardless of whether such use is
authorized by you.
10. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the
WEBSITE, all legal issues arising from or related to the use of the WEBSITE
shall be construed in accordance with, and all questions with respect thereto
shall be determined by, the laws of Florida applicable to contracts entered
into and wholly to be performed within said state. Any controversy or claim
arising out of or relating to these Terms and Conditions or any user's use of
the WEBSITE shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Tampa, FL, and judgment on the
arbitration award may be entered into in any state or federal court in Florida
having jurisdiction thereof. Any party seeking temporary or preliminary injunctive
relief may do so in any state or federal court in Florida having jurisdiction
thereof. Except as set forth above, the state and federal courts of Florida
shall be the exclusive forum and venue to resolve disputes arising out of or
relating to these Terms and Conditions or any user's use of the WEBSITE. By
using the WEBSITE and thereby agreeing to these Terms and Conditions, users
consent to personal jurisdiction and venue in the state and federal courts of
Florida with respect to all such disputes.
11. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
NewHealthVitamins.com reserves the right to modify the
WEBSITE from time to time, for any reason, and without notice, including the
right to terminate the WEBSITE. NewHealthVitamins.com reserves the right to
modify these Terms and Conditions from time to time, without notice. Please
review these Terms and Conditions from time to time so you will be apprised of
any changes.
12. MERGER
These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter contained herein and
supersedes any other agreement, proposals and communications, written or oral,
between NHP's representations and you with respect to the subject matter
hereof; except that any other terms and conditions located on any individual
NewHealthVitamins.com web site or in connection with the WEBSITE are
incorporated herein by reference to the extent they do not conflict with these
Terms and Conditions. To the extent that any other terms and conditions or
terms of service conflict with these Terms and Conditions, those other
provisions shall control with respect to the use of the particular web site and
any information available on or through the web site or the respective content
location at which those other provisions may be found.
13. NON-WAIVER AND SEPARABILITY
NHP's failure to exercise any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or provision.
If a court of competent jurisdiction holds any provision of these Terms and
Conditions 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 agree that the other provisions of these Terms and Conditions
remain in full force and effect.
14. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise
transfer, or delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of New Health Products
15. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations, these
Terms and Conditions shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
16. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as
long as you use the WEBSITE, unless specifically terminated earlier by
NewHealthVitamins.com. All provisions of these Terms and Conditions which
impose obligations continuing in their nature shall survive termination of
these Terms and Conditions.
17. COMMUNICATIONS WITH USERS
You consent to receive communications from
NewHealthVitamins.com concerning your use of the WEBSITE
("Communications"). The Communications may be those that NHP is
required to send to you by law concerning the WEBSITE ("Required
Communications"). The Communications may also be those that NHP sends to
you for other reasons. You consent to receive Communications electronically.
NewHealthVitamins.com may provide these Communications to you by sending an
email to the email address you provided. You also consent to receive
Communications by telephone or by postal mail sent to the postal address you
provided in connection with your account, if any. You may change the email or
postal address to which NHP sends Communications by visiting your account
information page.
18. VIOLATIONS OF TERMS AND CONDITIONS
Should
you violate these Terms and Conditions or any other rights of
NewHealthVitamins.com, NHP reserves the right to pursue any and all legal and
equitable remedies against you, including, without limitation, terminating any
and all access and or user accounts on any and all of the NewHealthVitamins.com
web sites. |
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Dr. David Singer D.C. wants YOU to use supplements!
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