Terms and Conditions
Last Revised: March 3, 2011 (Effective Date)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (�Terms�) OF USE CAREFULLY BEFORE USING THIS WEBSITE which apply exclusively to your access to and use of this Website (�Site�) of Healeo LLC (�Healeo�). All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this Site. The Terms may be changed in the future without further notice. You are responsible for regularly reviewing the Terms for any changes that shall be applicable to your continued use of this website after any such changes, which constitutes your acceptance of such changes.
Warranty Disclaimer
The information on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. You should carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
Before buying or using any products, information or services provided on or through this Site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional. Healeo is not responsible for any claims of quality or performance made on or through any Linked Site. Other sites on the Internet, including without limitation Linked Sites and sites that link to this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Healeo expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this Site.
This Site and the materials and products on this Site are provided "as is" and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, Healeo disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Healeo does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Healeo does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Your use of this Site and any Linked Site is at your sole risk.
Pricing
Price and availability information on this Site is subject to change without notice. However, in the event that a Healeo product is mistakenly listed at an incorrect price, Healeo reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Healeo reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Healeo shall issue a credit to your credit card account in the amount of the incorrect price.
Proprietary Rights
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Healeo. The collective work includes works that are licensed to Healeo. Copyright 2003, Healeo ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Healeo or purchasing Healeo products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Healeo or to purchase Healeo products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Healeo. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of Healeo used in the Site are trademarks or registered trademarks of Healeo and are protected to the maximum extent permitted by law. If you post any content to any area of the Healeo website, you automatically grant (or represent and warrant that the owner of such content has expressly granted) to Healeo an irrevocable, perpetual, fully paid and royalty-free, non-exclusive, worldwide right and license to use, copy, modify, such content in any form, media or technology now known or later developed.
Copyright Policy and Copyright Agent
We may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, we may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If Healeo learns that a user has posted infringing material on more than one occasion, it is Healeo�s policy to terminate the account in appropriate circumstances.
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide Healeo�s Agent for Notice of claims of copyright or other intellectual property infringement (�Copyright Agent�) with the following notice:
| � |
Your address, telephone number, and email address; |
| � |
Your physical or electronic signature; |
| � |
Identification of the copyrighted work of other intellectual property that you claim has been infringed; |
| � |
Identification of the material on Healeo�s website that you claim is infringing, with enough detail that we may locate it on the website; |
| � |
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; |
| � |
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner. |
Our Copyright Agent can be reached electronically at: nielsen@mjnlaw.com
Limitation of Liability/Indemnification
Healeo shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if Healeo has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. You agree to indemnify, defend, and hold harmless Healeo, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Healeo without notice at any time, for any reason. The provisions relating to Proprietary Rights, Warranty, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Healeo may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Healeo.
Miscellaneous
Your use of this Site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Healeo products) shall be in the state or federal courts located in Seattle, Washington. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Healeo products) must be commenced within one (1) year after the claim or cause of action arises. Healeo's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Healeo may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Healeo or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Healeo does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Healeo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Healeo reserves the right, in its sole discretion, to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Healeo.
Privacy Policy
Subscribers to the website should refer to our Privacy Statement for information about how we collect and use information. By accepting the Terms, you consent to the collection, use and disclosure of your personal information in the manners described in our Privacy Statement, which is incorporated into the Terms by this reference. As more fully discussed in the Privacy Statement, you agree that we may share personally identifiable information about our users with third parties, including: (1) with your consent or as otherwise stated in this Privacy Statement; (92) when we have a good-faith belief it is necessary pursuant to a subpoena or other judicial or administrative order; (3) where required by law; or (4) at our sole discretion.
Release
If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Healeo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Healeo, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Change in Ownership
The Terms will inure to the benefit of us and our successors and assigns. The terms of this Section will survive any termination of the Terms.
|