If you do not agree with any provision of this Agreement, you may not use this Website.
Your access of the Website constitutes acceptance of the Agreement without reservation, limitation or qualification, and serves to acknowledge that any other agreements between you and Natural Factors regarding the Website or the services are superseded, and are of no force or effect.
The Website is not intended for access by individuals under the age of 18 years; if you are not 18 years or older, your use of the Website is hereby prohibited.
1. WEBSITE OPERATOR
1.1. The Website is operated by Natural Factors. The mailing address for Natural Factors is 14224 167th Ave SE, Monroe, WA 98272: Attention: Customer Service Dept. In this Agreement, the terms “we”, “our” and “us” refer to Natural Factors.
2. MODIFICATION AND UPDATES TO THESE TERMS AND CONDITIONS USE OF THIS SITE
2.1. We reserve the right to update or modify (collectively “change”) the terms of this Agreement (including those documents that are incorporated herein by reference) at any time and from time to time, without prior notice to you. Your use of the Website following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review this Agreement (and all documents incorporated by reference, as set out below) whenever you visit the Website.
3. PRIVACY PROTECTION; OTHER TERMS AND CONDITIONS
3.2. Generally, information sent or received over the Internet is insecure and we cannot and do not make any representation, warranty or promise concerning the interception of your personal or other information. Accordingly, we will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to us, whether via the Website or otherwise.
4. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
4.1. The information contained in this Website, or obtained as a consequence of using this Website is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. All users should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies. Users should never disregard professional medical advice or delay in seeking such advice because of information obtained from this Website. YOUR RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE (OR PROVIDED BY OUR EMPLOYEES OR OTHERS APPEARING ON THE WEBSITE AT THE INVITATION OF NATURAL FACTORS) IS SOLELY AT YOUR OWN RISK.
4.2. Website Contents (as described below), including without limitation all information made available to Website members, is for informational and entertainment purposes only. Neither Content contained on the Website, nor references to resource material located off the Website are intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any Content on or linked to this Website is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is published on the Website.
4.3. This Website may contain links to other sites and publications. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at third party sites and publications; when you access such sites or download such publications, you do so at your own risk. We do not necessarily endorse any third party products, views or information presented on this Website, and such information or content may not reflect our opinions, recommendations or practices.
5. OWNERSHIP; PERMITTED USE OF THE WEBSITE
5.1. All of the content you see and hear on the Website, including (without limitation) all of the page headers, images, illustrations, graphics, audio clips, video clips, interfaces and text (collectively “Content”), is our property or the property of our licensors, as are all trademark, copyright, patent and/or other intellectual property rights arising therefrom. The Content is protected under intellectual property laws of Canada and other countries, and we own all copyright in the selection, coordination, arrangement and enhancement of the Content.
5.2. Both the Content and the Website as a whole are intended solely for personal, non-commercial use by the users of the Website. You may download, print and store selected portions of the Content provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer, or broadcast or redistribute the Content in any media or through any other channel; (3) do not modify or alter the Content in any way; and (4) do not delete or change any copyright, trademark or other proprietary notices contained in the Content. Except as expressly provided above, no right, title or interest in any downloaded materials is transferred to you as a result of any actions you may take regarding the Website or its representatives. We reserve complete title in and to all intellectual property rights in any Content you download from this Website.
5.3. “Natural Factors” and the Natural Factors Logo Design mark are all trademarks of Natural Factors or its licensors. All other company names, brand names, trademarks and logos are the property of their respective owners. Additionally, the Website may contain or reference proprietary information, patents, technologies, products, processes or other proprietary rights of us and/or our licensors. However, nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of us or our licensors. Such rights may be granted only with the express, prior written permission of us or such other party that may be the owner thereof.
6. PROHIBITIONS; TERMINATION OF YOUR USE OF THE WEBSITE
6.1. Your use of any of the Content (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted in this Agreement. In particular, except as expressly provided above you may not copy, download, reproduce, modify, publish, distribute, transmit, rent, lend, share, translate, communicate by telecommunication, transfer or create derivative works from the Content, without first obtaining express written permission from Natural Factors. We will enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
6.2. You may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Content. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Website. You may not take any action that places a disproportionately large load on the infrastructure of the Website.
6.3. In addition to any other rights or remedies available to us and without any liability whatsoever, in our sole discretion, we may terminate or restrict your access to any component of this Website at any time and without notice.
7. ERRORS AND INACCURACIES
7.1. ANY USE OR RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. The Content contained on this Website may contain inaccuracies or typographical errors, and may not be complete or current. We reserve the right to make changes, corrections and/or improvements to the Content at any time without notice to you. We will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Content contained on the Website.
7.2. All Content is provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, NATURAL FACTORS AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE CONTENTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely or current or that the website will operate without interruption or error. We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail; unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; on-line failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting communications. We assume no responsibility, and are not be liable for, any damages to your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any Content.
8.1. We welcome your comments and other feedback regarding the Website, and our products and services. In the event you provide us with any communication or material (whether through this Website, by electronic mail or otherwise) including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, commercialize, communicate by telecommunication, display and otherwise use such Submissions and information throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Submissions and such information. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Submissions or information, in connection with our rights hereunder. Additionally, at our request and cost, you agree to sign and deliver to us all further documents and assurances that we may request in connection with the licensees, assignments, transfers, releases and waivers contemplated by this section.
8.2. By making Submissions, you warrant that the content of such Submissions is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to make such Submission.
8.3. Although we may monitor or review communications made on or through the Website (e.g., via comments on blog posts) (if any) from time to time, we are under no obligation to do so. We have the right (but not the obligation) to remove any such communications posted on the Website for any reason. We assume no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website.
8.4. You must not submit, publish or otherwise disseminate through this Website anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
9. LINKED SITES
9.1. Because we have no control over and do not endorse any of the sites that link to this Website, and because we have not reviewed any or all of the sites that link to this Website, you acknowledge that we are not responsible for the content of any off-site pages or any other sites linked to this Website. We reserve the right to terminate any link or linking program at any time, and the linking of any site to or through this Website does not imply any endorsement by us of the companies, products or information offered described or otherwise made available on or through such linked sites.
10. LIMITATION OF LIABILITY; INDEMNITY
10.1. Your use of this Website is undertaken at your own risk. Under no circumstances will Natural Factors, our affiliates, or any of our respective directors, officers, employees, or agencies, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Website, your reliance on any Content, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the Website or its Content, then our total aggregate liability under such circumstances will not exceed $100.00 (US funds), in aggregate.
10.3. You promise to indemnify and save us, our affiliates, and our respective officers, directors, employees, agents and distributors harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your promises, representations or warranties set out in this Agreement; (b) your access to or use of this Website or any site to which this Website is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Website or any site to which this Website may be linked from time to time; and/or (c) your violation of any law or regulation.
10.4. If you are dissatisfied with the Website, any Content or with this Agreement, your sole and exclusive remedy is to discontinue using the Website.
11. GOVERNING LAW
11.1. We control the Website from within the Province of British Columbia, Canada. Regardless of your place of residence, the location where you access this Website or any other consideration, you agree that this Agreement, your use of this Website and all related matters are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to any rules relating to conflict of laws. You also agree to submit to the exclusive jurisdiction of the Courts of British Columbia (Vancouver Registry) with respect to any dispute between you and us arising from or pertaining to your use of this Website, this Agreement or any related matters.
12. GENERAL TERMS
12.1. The terms of this Agreement are severable from one another. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
12.2. This Agreement, together with all policies and documents incorporated or referred to herein, constitute the entire agreement between you and Natural Factors relating to your use of the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter. Any purported attempt by you to propose or impose an amendment or modification to this Agreement is subject to the express and explicit written agreement of Natural Factors to accept such an amendment or modification, which makes specific reference to those provisions of this Agreement being amended or modified, and evidenced by an original signature of an officer Natural Factors accepting same.