Terms and Conditions
By using this website, you agree to be bound by the following terms and conditions:
- Introduction - The Website Owner, including subsidiaries
and affiliates ("Website" or "Website Owner" or
"we" or "us" or "our") provides the
information contained on this website or any of the pages comprising the
website ("website") to visitors ("visitors")
(cumulatively referred to as "you" or "your"
hereinafter) subject to the terms and conditions set out in these website
terms and conditions, the privacy policy and any other relevant terms and
conditions, policies and notices which may be applicable to a specific
section or module of this website.
- Information on the Website - Whilst every effort is made
to update the information contained on this website, neither the Website
Owner nor any third party or data or content provider make any
representations or warranties, whether express, implied in law or
residual, as to the sequence, accuracy, completeness or reliability of
information, opinions, research information, data and/or content contained
on the website (including but not limited to any information which may be
provided by any third party; data or content providers; product and
service information including but not limited to price, weight,
availability, and description) ("information") and shall not be
bound in any manner by any information contained on the website.� For
example, products and services included on this Web Site may be
unavailable, may have different attributes than those listed, or may carry
a different price than stated on this Web Site. The Website Owner reserves
the right at any time to change or discontinue without notice, any aspect
or feature of this website including changes to product or service price
and availability. No information shall be construed as advice and
information is offered for information purposes only and is not intended
for trading purposes.
- Health Related Content � The information contained in the
Web Site is provided for informational purposes only and is not meant to
substitute for the advice provided by your doctor or other health care
professional. You should not use the information available on or through
the Web Site for diagnosing or treating a health problem or disease, or
prescribing any medication. Information and statements regarding dietary
supplements, holistic treatments, herbal remedies, or any other product or
service on this Web Site have not been evaluated by the Food and Drug
Administration and are not intended to diagnose, treat, cure, or prevent
any disease. You should read carefully all product packaging prior to use.�
Web Site Owner is not responsible for any adverse affects resulting from
the use or misuse of any products purchased through the Web Site.�
- Shipping Limitations � When an order is place through this
Web Site, it will be shipped to an address designated by you as long as
that shipping address is complaint with any shipping restrictions
contained on this Web Site.� Risk of loss and title for items purchased
from this Web Site pass to you upon delivery of the items to the carrier.�
You are responsible for filing any claims with the carrier for damaged
and/or lost shipments.
- Use of this Website - The Website Owner does not make any
warranty or representation that information on the website is appropriate
for use in any jurisdiction. By accessing the website, you warrant and
represent to the Website Owner that you are legally entitled to do so and
to make use of information made available via the website.� All contents
of this website, including but not limited to the design of this website,
text, graphics, information, downloadable material, and modules are
protected by copyright, trademark, and other laws and may not be used
without the expressed written permission of the Web Site Owner.� The
e-Commerce software and other software modules used on this Web Site are
copyright 2007 XPODesigns, LLC or its affiliates or suppliers.� All rights
reserved.
- Trademarks - The trade marks, names, logos and service
marks (collectively "trade marks") displayed on this website are
registered and unregistered trade marks of the Website Owner. Other trade
marks, trade names, and service marks used or displayed on this Web Site
are the registered and unregistered trade marks, trade names, and service
marks of their respective owners.� Nothing contained on this website
should be construed as granting any licence or right to use any trade mark
without the prior written permission of the Website Owner.
- External Links - External links may be provided for your
convenience, but they are beyond the control of the Website Owner and no
representation is made as to their content. Use or reliance on any
external links and the content thereon provided is at your own risk. When
visiting external links you must refer to that external websites terms and
conditions of use. No hypertext links shall be created from any website
controlled by you or otherwise to this website without the express prior
written permission of the Website Owner. Please contact us if you would
like to link to this website or would like to request a link to your
website.
- User Information � The use of personally identifiable
information is subject to this Web Site�s Privacy Statement.� Any other
information, material, suggestions, ideas, concepts, know-how, techniques,
questions, comments, or other communication you transmit or post to this
Web Site in any manner (�User Communications�) is and will be considered
non-confidential and non-proprietary.� We may use any or all User
Communications for any commercial or non-commercial purpose whatsoever.�
These purposes may include but are not limited to reproduction,
transmission, disclosure, publication, broadcast, development,
manufacturing, and/or marketing.
- User Submissions - The Website Owner is not responsible
for any material submitted to the public areas by you (which include
bulletin boards, hosted pages, chat rooms, product reviews, or any other
public area found on the website). Any material (whether submitted by you
or any other user) is not endorsed, reviewed or approved by the Website
Owner. The Website Owner reserves the right to remove any material
submitted or posted by you in the public areas, without notice to you, if
it becomes aware and determines, in its sole and absolute discretion that
you are or there is the likelihood that you may, including but not limited
to �
- defame, abuse, harass, stalk, threaten or otherwise
violate the rights of other users or any third parties;
- publish, post, distribute or disseminate any defamatory,
obscene, indecent or unlawful material or information;
- post or upload files that contain viruses, corrupted
files or any other similar software or programs that may damage the
operation of the Website Owner's and/or a third party's computer system
and/or network;
- violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the Website Owner or
any other third party;
- submit contents containing marketing or promotional
material which is intended to solicit business.
- Warranties - The Website Owner makes no warranties,
representations, statements or guarantees (whether express, implied in law
or residual) regarding the website, the information contained on the
website, your or your company's personal information or material and
information transmitted over our system.
- Disclaimer of Liability - The Website Owner shall not be
responsible for and disclaims all liability for any loss, liability,
damage (whether direct, indirect or consequential), personal injury or
expense of any nature whatsoever which may be suffered by you or any third
party (including your company), as a result of or which may be
attributable, directly or indirectly, to your access and use of the
website, any information contained on the website, your or your company's
personal information or material and information transmitted over our
system. In particular, neither the Website Owner nor any third party or
data or content provider shall be liable in any way to you or to any other
person, firm or corporation whatsoever for any loss, liability, damage
(whether direct or consequential), personal injury or expense of any
nature whatsoever arising from any delays, inaccuracies, errors in, or
omission of any share price information or the transmission thereof, or
for any actions taken in reliance thereon or occasioned thereby or by
reason of non-performance or interruption, or termination thereof.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT OF THIS WEB
SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF
ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH
SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY,
OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE
WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
- Entire Agreement - These website terms and conditions
constitute the sole record of the agreement between you and the Website
Owner in relation to your use of the website. Neither you nor the Website
Owner shall be bound by any express tacit or implied representation,
warranty, promise or the like not recorded herein. Unless otherwise
specifically stated these website terms and conditions supersede and replace
all prior commitments, undertakings or representations, whether written or
oral, between you and the Website Owner in respect of your use of the
website.
- Alteration - The Website Owner may at any time modify any
relevant terms and conditions, policies or notices. You acknowledge that
by visiting the website from time to time, you shall become bound to the
current version of the relevant terms and conditions (the "current
version") and, unless stated in the current version, all previous versions
shall be superseded by the current version. You shall be responsible for
reviewing the then current version each time you visit the website.
- Conflict - Where any conflict or contradiction appears
between the provisions of these website terms and conditions and any other
relevant terms and conditions, policies or notices, the other relevant
terms and conditions, policies or notices which relate specifically to a
particular section or module of the website shall prevail in respect of
your use of the relevant section or module of the website.
- Waiver - No indulgence or extension of time which either
you or the Website Owner may grant to the other will constitute a waiver
of or, whether by estoppel or otherwise, limit any of the existing or
future rights of the grantor in terms hereof, save in the event or to the
extent that the grantor has signed a written document expressly waiving or
limiting such rights.
- Cession - The Website Owner shall be entitled to cede,
assign and delegate all or any of its rights and obligations in terms of
any relevant terms and conditions, policies and notices to any third
party.
- Severability - All provisions of any relevant terms and
conditions, policies and notices are, notwithstanding the manner in which
they have been grouped together or linked grammatically, severable from
each other. Any provision of any relevant terms and conditions, policies
and notices, which is or becomes unenforceable in any jurisdiction,
whether due to voidness, invalidity, illegality, unlawfulness or for any reason
whatever, shall, in such jurisdiction only and only to the extent that it
is so unenforceable, be treated as pro non scripto and the remaining
provisions of any relevant terms and conditions, policies and notices
shall remain in full force and effect.
- Choice of Law; Jurisdiction - Any relevant terms and
conditions, policies and notices shall be governed by and construed in
accordance with the laws of the State of Tennessee without giving effect
to any principles of conflict of law. You hereby consent to the exclusive
jurisdiction state or federal courts of the State of Tennessee in respect
of any disputes arising in connection with the website, or any relevant
terms and conditions, policies and notices or any matter related to or in
connection therewith.