Terms and Conditions
(Effective and Last Modified on July 10, 2009)
INTRODUCTION
Pharmavite® LLC., maker of Nature Made® and SOYJOY® thanks you for visiting our site.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING www.vitaminherbuniversity.com. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
We reserve the right, at our discretion, to modify, add, or remove portions of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes. Your continued use of this site following the posting of changes to these terms and conditions will mean you accept those changes.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The information contained in this Site, or provided to you in response to a request made or a question asked by you, or as a result of the completion of a questionnaire by you, is provided for informational purposes only and is intended to provide users with a general understanding of certain wellness and health care topics. The information should not be considered complete and does not cover all health issues. Pharmavite does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. The information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of something you have read on this Site or in response to your inquiries or questions that you do not need to consult a health care professional nor should you rely on information to cure an ailment or alleviate pain. Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this Site or as a result of the answer to any of your e-mail inquiries. The information is not a substitute for professional medical advice and nothing contained on this Site or in a response to an e-mail is intended to be instructional for medical diagnosis or treatment.
THIS SITE IS INTENDED FOR ADULTS
This Site is intended for adults at least 18 years of age or older.
By using this Site, you acknowledge that you are 18 years or older.
ASK AN EXPERT or ASK THE NUTRITIONIST
You will have the opportunity through our "Ask the Expert" or "Ask the Nutritionist" feature on certain areas of our web sites or to e-mail us with questions you may have for our featured expert regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. Depending on the nature of your question, some questions may not be answered by the featured expert or nutritionist. In such cases, an answer may come from the Pharmavite Advice Archive, which will answer questions from an archive of wellness related information. Pharmavite and the experts featured in the Wellness Advisor do not provide medical advice, and as previously stated, we urge you to contact your doctor if you feel you require medical advice or treatment.
RESTRICTIONS ON USE OF MATERIALS
All materials, including without limitation, articles, opinions, other text, directories, guides, photographs, illustrations, trademarks, service marks and all copyrightable material (including source code and object code), images, video and audio clips, advertising copy, graphics, images, HTML, codes, multimedia clips, logos, button icons, banners and software, and any other form of intellectual property ("Materials") contained in this Site are the property of Pharmavite and other companies and are protected as intellectual or proprietary property. Unauthorized use of any of the above-mentioned Materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Pharmavite. No other rights or licenses, whether express or implied, arising from estoppel or otherwise, are conveyed or intended by these Terms and Conditions. As such, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Materials, (iii) you do not use the Materials in a manner that suggests an association with us or any of our products, services, or brands, and (iv) you do not download quantities of Materials to a database that can be used to avoid future downloads from this Site. The use of any such material on any other web site or computer environment is prohibited.
Pharmavite reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or, if you violate any provision of these Terms and Conditions, your permission to use the Materials automatically terminates and you must immediately destroy any copies of the Materials that you have made.
Nothing contained in this Site will be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site or otherwise owned by Pharmavite without the prior written permission of Pharmavite or the respective owner of the trade mark.
COPYRIGHT AND COPYRIGHT AGENT
We respect the intellectual property of others and we ask that our users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive notice of claims of copyright infringement on the Web Site. Our copyright agent who may be reached by email at copyrightagent@pharmavite.net.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LIMITATION OF LIABILITY; DISCLAIMER
The use of this Site and information contained within the Site is at your own risk.
When using this Site, information will be transmitted via the Internet and portions of the world wide web over which Pharmavite has no control or jurisdiction. Therefore, Pharmavite does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site.
Pharmavite cannot and does not guarantee or warrant that any data, file, or information available for downloading will be free of infection, viruses, worms, trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading.
This Site and the information given through this Site are provided without charge and are provided on an "AS IS" and "WITH ALL FAULTS" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, PHARMAVITE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Pharmavite does not warrant that the information contained on this Site will be uninterrupted or error free, or that defects will be corrected. Pharmavite makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHARMAVITE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENCEES, SUPPLIERS, OR THOSE HEALTHCARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL TO OR ANSWERED QUESTIONS ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNATIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED TWENTY-FIVE U.S. Dollars ($25.00).
BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INTERACTIVE ACTIVITIES
If you participate in our interactive health tools including "Ask the Expert" or "Ask the Nutritionist" or e-mail function from this Site or submit your success story or testimonial for publication on this Site ("Interactive Activities") you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any resulting communications. Pharmavite is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat areas--- that information can be collected and used by people you don't know. Pharmavite cannot guarantee the security of any information you disclose online and you make such disclosures at your own risk.
RESTRICTIONS ON USE OF SITE
You agree to refrain from the following prohibited activities while using this Site:
violate any local, state, national or international laws;
defame, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
transmit, post, distribute or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
advertise or sell to or solicit others;
use the Public Areas for commercial purposes of any kind;
post or distribute any software or other materials which contain a virus or other harmful component;
post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
impersonate another person or post or transmit information under a false name;
collect information about others, including email addresses, without their consent;
post chain letters or pyramid schemes;
allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
disrupt the normal flow of dialogue in any Public Area;
post the same note more than once or "spamming"; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying this Site, or which in the judgment of Pharmavite, exposes Pharmavite or any of its customers, licensors, or suppliers to any liability or detriment of any type.
Pharmavite does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. Although we reserve the right to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason, we are under no obligation to do so. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating a users access to the Public Areas or this Site. Pharmavite has no liability or responsibility to user's of this Site or any other person or entity for performance or nonperformance of any such activities.
LINKS TO OTHER SITES/THIRD PARTIES
We suggest that you exercise discretion while browsing the Internet, including while using this Site. You should be aware that when you are on this Site, you could be directed to other Sites that are beyond our control. There are links to other Sites from Pharmavite pages that take you outside of our service. For example, if you "click" on a banner advertisement or a link, the "click" may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other Sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. We make no representations concerning the content of any third party web sites. Consequently, we are not and cannot be held responsible for the content of those linked web sites, including, without limitation, the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this Site. We reserve the right to disable links from third party web sites to this Site. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Pharmavite.
Healthnotes content is the intellectual property of Healthnotes, Inc. You may print a hard copy of the Healthnotes news articles in its entirety, including all copyright notices, for your personal use only. Any other copying and any republication or redistribution of Healthnotes content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Healthnotes. Healthnotes shall not be liable for any errors or delays in content, or for any action taken in reliance thereon. Healthnotes is the registered trademark of the Healthnotes, Inc.
TERMINATION OF ACCOUNT
Pharmavite shall have the right to immediately terminate a user's account in the event of any conduct by a user which Pharmavite, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions.
INDEMNIFICATION
You agree to indemnify, defend and hold Pharmavite and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees and disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this Site or any web site to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In any event, you will not settle any claim, lawsuit or action subject to indemnification by you without the prior written consent of Pharmavite.
USER ACCOUNTS
Certain areas of the Site may ask you to create a user account or may otherwise ask you to provide information to participate in certain features or to access certain content. If you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password protected portion of the Site using your name, user name or password in whole or in part.
JURISDICTIONAL ISSUES
Unless otherwise specified, the information is presented solely for, and any coupons, checks, promotions and programs are offered only to, residents of the United States of America, the US Virgin Islands, Puerto Rico and Guam. In addition, unless otherwise specified, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
GENERAL PROVISIONS
You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Pharmavite's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. 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. This is the entire agreement between us relating to the subject matter herein and, except as provided in these Terms and Conditions with respect to changes to these Terms and Conditions, shall not be modified except in writing, signed by both parties.
CONTACT INFORMATION
You can contact us by clicking "Contact Us" on the Site.
If you need further assistance, please:
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write us at: Nature Made P.O. Box 9606 Mission Hills, CA 91346-9606 Attention: Consumer Affairs Department
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call us at: (800) 276-2878; or
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fax us at: (818) 221-6655
GENERAL PROVISIONS
You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Pharmavite's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. 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. This is the entire agreement between us relating to the subject matter herein and, except as provided in these Terms and Conditions with respect to changes to these Terms and Conditions, shall not be modified except in writing, signed by both parties.
