4/6/2006
TERMS OF USE AGREEMENT
Welcome 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.
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.
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
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.
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.
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 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).
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.
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.
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.
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.
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.
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.
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
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.
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.
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.