TERMS AND CONDITIONS - August 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. 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, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.
CHANGES TO TERMS AND CONDITIONS
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. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE. 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 (the "Information") is provided for educational 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. VitaminMonkey.net or its affiliated companies do not recommend the 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. 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. This 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
Please be aware that this site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By using this site, you acknowledge that you are 18 years or older.
You have the opportunity through our site to e-mail us with any questions you may have for any of our featured experts regarding our products, dietary supplements, or health matters in general. Do not send us any medical, therapeutic or treatment questions. VitaminMonkey.net or its affiliated companies and the experts featured on VitaminMonkey.net 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. If you think you may have a medical emergency, call your doctor or 911 immediately.
RESTRICTIONS ON USE OF MATERIALS
All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of VitaminMonkey.net or its affiliated companies or an individual affiliated, and/or third party licensors. All trademarks, service marks, and trade names are proprietary to VitaminMonkey.net or its affiliated companies, individual affiliates, and/or third party licensors. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to VitaminMonkey.net or its affiliated companies, individual affiliates, and/or third part licensors, whichever is the owner of any specific material. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except in the case of certain third party content, such as independent journal or article content (see discussion below under the heading "Third Party Content Providers"), 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 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. VitaminMonkey.net or its affiliated companies cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, adware, spyware, 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. You may not link any other website to this website, nor reference hypertext documents on this website from another website or document including e-mail, except under agreement as provided through communication and contract directly with VitaminMonkey.net or its affiliated companies 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 of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of VitaminMonkey.net or its affiliated companies or the respective owner of the trade mark.
LIMITATION OF LIABILITY; DISCLAIMER
Use of this site and the Information is at your own risk. When using this site, information will be transmitted over a medium over whichVitaminMonkey.net and its affiliated companies has no control or jurisdiction. Therefore, VitaminMonkey.net or its affiliated companies 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. This site and the Information given through this site are provided without charge and are provided on an "As Is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, VitaminMonkey.net DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VitaminMonkey.net or its affiliated companies does not warrant that the Information contained on this website will be uninterrupted or error free, or those defects in such Information will be corrected. VitaminMonkey.net or its affiliated companies 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. VitaminMonkey.net does promise to have thoroughly researched all material presented and to have approved said material for appearance on this site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE 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 ALL 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 THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree that you will not make any transmission or submission to this site that violates any laws or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, and/or photographs (collectively, "Submissions") to administrator, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others.
If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) VitaminMonkey.net or its affiliated companies a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. VitaminMonkey.net may sublicense its rights through multiple tiers of sublicenses.
If you participate in a message or discussion board, forum, or e-mail function from this website or submit your success story or testimonial for publication on our site ("Public Areas") you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. VitaminMonkey.net or its affiliated companies 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. 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. While VitaminMonkey.net or its affiliated companies strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
You agree that if you use any Public Areas, you shall not:
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; post or distribute any material that infringes and/or violates any intellectual property right of others or the privacy or publicity rights of others; 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 anonymously or under a false name; collect information about others, including email addresses, without their consent; post chain letters or pyramid schemes or attempt to market products; allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments; after receiving a warning, continue to disrupt the normal flow of dialogue in any Public Area; post the same note more than once or "spamming"; engage in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which in the judgment of VitaminMonkey.net or its affiliated companies, exposes VitaminMonkey.net or its affiliated companies or any of its customers, licensors, or suppliers to any liability or detriment of any type. However, we reserve the right (but not the obligation) 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. 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 userís access to the Public Areas or the site. VitaminMonkey.net 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
We suggest that you exercise discretion while browsing the Internet 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 VitaminMonkey.net or its affiliated companyís 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. In addition, advertisers on this site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We make no representations concerning the content of any such third party sites. Consequently, we cannot be held responsible for 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 sites to this site.
TERMINATION OF ACCOUNT
VitaminMonkey.net or its affiliated companies shall have the right to immediately terminate a user's account in the event of any conduct by a user which VitaminMonkey.net or its affiliated companies, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to indemnify, defend and hold VitaminMonkey.net and its affiliates and their respective officers, directors, owners, agents, information providers, web designers, web writers, 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 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 otherwise subject to indemnification by you.
Unless otherwise specified, the Information is presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the US Virgin Islands, Puerto Rico and Guam. In addition, 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.
Any disputes will be resolved in the Superior Court of Sacramento, California. Any disputes will be resolved according to the laws of California.
You can contact us via e-mail by clicking "Contact Us" on any VitaminMonkey.net page or send an e-mail directly to: firstname.lastname@example.org. Please include your invoice information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.
If you need further assistance, please, write us at: 2201 Francisco Drive #140-233, El Dorado Hills, CA 95762