HealthePower
http://healthepower.com
Terms & Conditions
Terms and Conditions
HealthePower.com.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The use of this website is entirely voluntary and at the visitor's risk.
Copyright
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 HealthePower.com. The collective
work includes works that are licensed to HealthePower.com. Copyright 2009,
HealthePower.com 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 HealthePower.com or purchasing HealthePower.com 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 HealthePower.com or to purchase HealthePower.com 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 HealthePower.com. You further agree not to change or delete
any proprietary notices from materials downloaded from the site.
DISCLAIMER:
ALL
INFORMATION AND/OR EDUCATIONAL MATERIAL CONTENT, INCLUDING PRINT, AUDIO, AND
VIDEO MEDIA PRODUCTS, CONTAINED WITHIN OR OFFERED BY THIS WEBSITE IS INTENDED TO
BE IN THE NATURE OF COMMENTARY AND OPINION AND IS FOR INFORMATIONAL, EDUCATIONAL
AND ENTERTAINMENT PURPOSES ONLY AND IS PROTECTED UNDER FREEDOM OF SPEECH AND THE
FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION. THE INFORMATION AND/OR
EDUCATIONAL MATERIAL CONTENT, INCLUDING PRINT, AUDIO, AND VIDEO MEDIA PRODUCTS,
CONTAINED WITHIN OR OFFERED BY THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD
AND DRUG ADMINISTRATION. THE INFORMATION AND/OR
EDUCATIONAL MATERIAL IS NOT MEDICAL ADVICE, NOR SHOULD IT BE CONSTRUED AS SUCH.
NOTHING IN SUCH CONTENT IS INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY
DISEASE. THEREFORE, DO NOT RELY ON ANY INFORMATION AND/OR EDUCATIONAL
MATERIAL CONTENT, INCLUDING PRINT, AUDIO, AND VIDEO MEDIA PRODUCTS, CONTAINED
WITHIN OR OFFERED BY THIS WEBSITE FOR THE PURPOSE OF DIAGNOSING, TREATING,
CURING, OR PREVENTING ANY DISEASE. ALWAYS WORK WITH A QUALIFIED HEALTH
PROFESSIONAL BEFORE MAKING ANY CHANGES TO YOUR DIET, HEALTHCARE, PRESCRIPTION
DRUG USE, LIFESTYLE OR EXERCISE ACTIVITIES. THOSE WHO ARE TAKING MEDICATION OR
ARE UNDER TREATMENT FOR ANY DISEASE, OR ARE PREGNANT OR LACTATING, SHOULD
CONSULT WITH THEIR HEALTH CARE PROFESSIONAL BEFORE TAKING ANY MEDICATION,
DIETARY, HEALTH, OR HEALTH RELATED SUPPLEMENTS. ALWAYS CONSULT A DOCTOR
WITH ANY QUESTIONS OR CONCERNS YOU MIGHT HAVE REGARDING YOUR OR YOUR CHILD'S
HEALTH OR HEALTH CONDITION. ALL INFORMATION AND/OR EDUCATIONAL
MATERIAL CONTENT, INCLUDING PRINT, AUDIO, AND VIDEO MEDIA PRODUCTS, CONTAINED
WITHIN OR OFFERED BY THIS WEBSITE IS PROVIDED AS-IS, AND THE READER ASSUMES ALL
RISKS FROM THE USE, NON-USE OR MISUSE OF THIS INFORMATION AND/OR EDUCATIONAL
MATERIAL. THE INFORMATION AND/OR EDUCATIONAL MATERIAL CONTENT, INCLUDING PRINT,
AUDIO, AND VIDEO MEDIA PRODUCTS, CONTAINED WITHIN OR OFFERED BY THIS WEBSITE IS
NOT SUPPORTED BY CONVENTIONAL MEDICINE OR MOST PHYSICIANS, AND IS NOT INTENDED
AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTH CARE PRACTITIONERS
OR PROFESSIONAL ADVICE OF ANY KIND. HOWEVER, ALL INFORMATION
AND/OR EDUCATIONAL MATERIAL CONTENT, INCLUDING PRINT, AUDIO, AND VIDEO MEDIA
PRODUCTS, CONTAINED WITHIN OR OFFERED BY THIS WEBSITE IS BELIEVED BY
HEALTHEPOWER.COM, ITS STAFF AND REPRESENTATIVES, TO BE FACTUALLY CORRECT AND
TRUTHFUL.
EXCEPT
FOR INFORMATION AND/OR EDUCATIONAL MATERIAL CONTENT, INCLUDING PRINT, AUDIO, AND
VIDEO MEDIA PRODUCTS, CONTAINED WITHIN OR OFFERED BY THIS WEBSITE, NO
HEALTH OR HEALTH RELATED CONSUMER PRODUCTS ARE OFFERED FOR SALE, SOLD, OR
DISTRIBUTED BY HEALTHEPOWER.COM, ITS STAFF, OR REPRESENTATIVES.
FURTHER,
ALTHOUGH REFERRALS OR REFERENCES, EXCEPT FOR PAID DISPLAY ADVERTISING, ARE MADE TO SOURCES WHERE OTHER THAN
INFORMATION AND/OR EDUCATIONAL CONSUMER PRODUCTS ARE OFFERED FOR SALE, SOLD, OR
DISTRIBUTED, HEALTHEPOWER.COM, ITS STAFF, OR REPRESENTATIVES ARE NOT PAID
FOR MAKING OR PUBLISHING ANY SUCH REFERRALS OR REFERENCES, AND DO NOT
HAVE ANY FINANCIAL INTEREST IN SUCH SOURCES.
Trademarks
All trademarks, service marks and trade names of HealthePower.com used in the
site are trademarks or registered trademarks of HealthePower.com.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, HealthePower.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. HealthePower.com 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. HealthePower.com 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.
Limitation of Liability
HealthePower.com 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 HealthePower.com 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.
Typographical Errors
In the event that a HealthePower.com product is mistakenly listed at an
incorrect price, HealthePower.com reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. HealthePower.com
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, HealthePower.com
shall issue a credit to your credit card account in the amount of the incorrect
price.
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 HealthePower.com without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
HealthePower.com 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 HealthePower.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
United States of America, 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 HealthePower.com products) shall be in the state or federal
courts located in the United States of America. Any cause of action or claim you
may have with respect to the site (including but not limited to the purchase of
HealthePower.com products) must be commenced within one (1) year after the claim
or cause of action arises. HealthePower.com'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. HealthePower.com 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 HealthePower.com 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.
Participation Disclaimer
HealthePower.com 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, HealthePower.com 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,
HealthePower.com reserves the right 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 HealthePower.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless HealthePower.com, 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.
Third-Party Links
In an attempt to provide increased value to our visitors, HealthePower.com
may link to sites operated by third parties. However, even if the third party is
affiliated with HealthePower.com, HealthePower.com has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of HealthePower.com. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
HealthePower.com seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does not work).
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