Disclaimer

THIRD PARTY SITES

Our SITE may provide a link to another website or location. We provide these links merely for your convenience and we do not necessarily endorse such other website or location or its contents. We have no control over, do not review, and are not responsible for these other websites or their content. Our Privacy Policy does not apply to these other websites. The privacy policies of the operators of those websites will be applicable when you access their websites via links provided by us.

MEDICAL ADVICE IS SPECIFICALLY NOT INTENDED

Specific medical questions should be directed to your personal physician who can address your medical concerns on an individual basis. While any product information on the SITE was prepared to provide helpful information regarding topics related to general and specific health issues, the information contained in the SITE is made available with the express understanding that neither the COMPANY, its affiliates, any resources, healthcare professionals or experts referenced on the SITE, nor the SITE itself, are dispensing medical advice and we do not intend any of this information to be used for self-diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR SYMPTOMS, ANY PHYSICAL CONDITION OR YOUR HEALTH IN GENERAL, AND BEFORE CHANGING YOUR DIET, STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THIS SITE, YOU SHOULD CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER REGARDING YOUR OWN, SPECIFIC CONDITION AND HEALTH CARE CIRCUMSTANCES. The COMPANY specifically disclaims responsibility for any health condition, suffering, damage or injury which may result, directly or indirectly, from any action taken or not taken based in whole or in part on, or any reliance by any person on, any content or information set forth on the SITE in any instance or in any specific circumstance, at any time.

DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY:

COMPANY strives to make your use of the SERVICE a useful and enjoyable experience. Nevertheless, COMPANY and its licensors, vendors, suppliers and SERVICE providers, do not accept any liability for your use of the SERVICE, and you understand and agree that you assume all risk of the use of the SITE and the SERVICE by you and by any person using an account registered to you. For that reason, the following provisions apply to your use of the SITE and SERVICE:

DISCLAIMER: YOUR USE OF THE SITE AND SERVICE, INCLUDING ANY DATA, ARTICLES, CONTENT, INFORMATION OR OFFERED MATERIALS SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE AND SERVICE, IS AT YOUR OWN RISK. ANY GENERAL HEALTH INFORMATION PRESENTED ON THE SITE IS NOT INTENDED TO BE USED FOR DIAGNOSTIC OR TREATMENT PURPOSES. PLEASE CONSULT YOUR DOCTOR OR FAMILY MEMBER’S DOCTOR FOR MEDICAL ADVICE RELATING TO YOUR SPECIFIC SITUATION.

USE OF THE SERVICES REQUIRES A COMPATIBLE DEVICE SUCH AS AN IPAD, IPOD TOUCH OR IPHONE, LAPTOP, DESK TOP COMPUTER, OR SIMILAR DEVICE, AND INTERNET ACCESS, AND MAY REQUIRE OBTAINING UPDATES OR UPGRADES FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL DEVICES, EQUIPMENT AND SOFTWARE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH ACCESSING THE SITE OR THE SERVICE, INCLUDING ALL IPAD, TABLET, INTERNET SERVICE AND RELATED EQUIPMENT, AND SOFTWARE. BECAUSE USE OF THE SERVICES INVOLVES HARDWARE, SOFTWARE, AND INTERNET ACCESS, YOUR ABILITY TO USE THE SERVICES MAY BE AFFECTED BY THE PERFORMANCE OF THESE FACTORS. YOU AGREE THAT SUCH REQUIREMENTS ARE YOUR RESPONSIBILITY.

YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH, ANY DATA, ARTICLES, CONTENT, INFORMATION OR OFFERED MATERIALS SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE AND SERVICE THAT YOU, OR ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, MAY RELY UPON, ACT AGAINST OR OTHERWISE USE. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO: USE OF THE SERVICE BY YOU OR ANY PERSON USING AN ACCOUNT REGISTERED BY YOU; YOUR BREACH OF THE AGREEMENT (INCLUDING THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, AND/OR OUR ACCEPTABLE USE POLICY); YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHER PERSONS; OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH YOU MAY USE THE PRODUCTS OR ALLOW OTHER PERSONS TO USE THE PRODUCTS PURCHASED IN CONNECTION WITH THE SERVICE. COMPANY (INCLUDING ITS LICENSORS, VENDORS, SUPPLIERS AND SERVICE PROVIDERS), DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS.

THE OPERATION OF THE SITE AND SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND COMPANY’S CONTROL. THE OPERATION OF THE SITE AND SERVICE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR ENTIRELY SECURE. COMPANY (INCLUDING ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND SERVICE PROVIDERS), IS NOT LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY DATA, ARTICLES, CONTENT, INFORMATION OR OFFERED MATERIALS OR ANY MISPRINTS OR ERRORS ON THE SITE, OR FOR THE UNAVAILABILITY OF ANY PRODUCT YOU ORDER, ANY DELAY IN THE AVAILABILITY OR SHIPPING OF PRODUCTS, OR ANY CHANGES IN THE PRICE OF PRODUCTS.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER APPLIES SPECIFICALLY TO ALL SITE CONTENT, AND NO REPRESENTATION OR WARRANTY IS MADE WHATSOEVER RESPECTING ANY DATA, ARTICLES, CONTENT, INFORMATION OR OFFERED MATERIALS APPEARING ON THE SITE AT ANY TIME. NOTE THAT THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COMPANY NOR ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT:
• THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR IPAD, TABLET, COMPUTER, PERIPHERALS, AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
• THE SITE OR SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
• THE SITE OR SERVICE, ANY DATA, ARTICLES, CONTENT, INFORMATION OR OFFERED MATERIALS SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE AND SERVICE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF SUCH, WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
• COMPANY WILL MONITOR THE SITE OR ANY COMPONENT THEREOF;
• THE QUALITY OF THE SITE, ANY PRODUCTS, INFORMATION, SERVICE OR OTHER ITEMS PURCHASED OR OBTAINED THROUGH THE SERVICE WILL NECESSARILY MEET YOUR EXPECTATIONS;
• THE USE OF THE SERVICE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT FROM THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
• THE USE OF THE SERVICE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF CONTENT SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;

COMPANY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIABILITY EXCLUSION: NEITHER COMPANY NOR ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, SALES, INCOME, OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, OVERHEAD OR ADMINISTRATIVE EXPENSES, OR DAMAGE TO REPUTATION OR GOODWILL, OR FOR ANY SPECIAL,INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES (ALL OF THE ABOVE, “CONSEQUENTIAL DAMAGES”), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE OR SERVICE BY YOU, BY ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, OR BY ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY COMPANY, ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS,OR ANY OTHER PERSON FOR WHOM COMPANY MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT COMPANY OR ANY OF THE FOREGOING PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH CONSEQUENTIAL DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIABILITY LIMITATION: WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMPANY, ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, EVER BE LIABLE TO YOU, TO ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, OR TO ANY OTHER PERSON, FOR ANY CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, INJURIES, DAMAGES, LOSSES, OR COSTS (COLLECTIVELY, “CLAIMS AND DAMAGES”), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, REGARDLESS OF ANY CLAIMED NEGLIGENCE OR OTHER FAULT OR WRONGDOING, IN EXCESS OF, AND THE ENTIRE LIABILITY OF COMPANY AND ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS AND DAMAGES STEMMING FROM YOUR USE OF THE SITE OR SERVICE SHALL NOT EXCEED U.S. $2.00, OR THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE SITE EXCLUSIVE OF ANY PRODUCTS PURCHASED, WHICHEVER IS LESS.

RELEASE: YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY, ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE AND/OR SERVICE.

INDEMNITY: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY, ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, INJURIES, DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM, ACTION OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE OFFERED MATERIALS, PRODUCTS OR USE OF THE SITE AND SERVICE BY YOU. YOU AGREE THAT YOU WILL ASSIST AND COOPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM, ACTION OR DEMAND.

ADVICE AND INFORMATION PROVIDED BY COMPANY OR ITS REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION, OR VARY OR AMEND THE AGREEMENT, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE, AND/OR INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.