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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.

 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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