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TERMS AND CONDITIONS
Your access to, browsing of and use of this website (the "Site")
is subject to the following terms and conditions (the "Terms and
Conditions") as well as all applicable laws. Please read the Terms
and Conditions carefully. By accessing, browsing or using the Site,
you accept and acknowledge your agreement with and assent to,
without limitation or qualification, the Terms and Conditions. If
you do not agree to the Terms and Conditions, then please do not
access, browse or use the Site.
Copyright
All designs, text, graphics, the selection and arrangement
thereof, and all code and software on and in the Site are Copyright
© 2007, NationsHealth, Inc., a Delaware corporation (the
"Company"). All rights reserved. You should assume that the
underlying code and everything you see or read on the Site
(collectively, the "Information") is copyrighted unless otherwise
noted. You may not use the Information other than in accordance
with the Terms and Conditions without the prior written consent of
the Company.
You may not metatag, frame, redistribute, retransmit,
replicate, reproduce, sell or exploit the Information without the
prior written consent of the Company, except that you may view and
download one copy of the Information to one computer for your own
personal, non‑commercial use only, provided that you do not delete
or change any copyright, trademark, or other proprietary
notices. The Company neither warrants nor represents that
your use of the Information will not infringe upon the rights of
another.
You may not use any type of automated method of retrieving data
from the Site, nor access, acquire, copy, or monitor the Site or
the Information, nor in any way reproduce or circumvent the
navigational structure or presentation of the Site or the
Information. You may not obtain or attempt to obtain any materials,
documents or information through any means not purposely made
available through the Site without the prior written consent of the
Company.
Trademarks
The trademarks, logos, and service marks (collectively, the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of the Company and others. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on
the Site without the prior written consent of the Company or such
third party that may own the Trademarks displayed on the Site. The
Trademarks displayed on the Site may not be used other than in
accordance with the Terms and Conditions. You are also advised that
the Company will aggressively enforce its intellectual property
rights to the fullest extent of the law, including, without
limitation, seeking criminal prosecution.
Errors and Omissions
Although the Company uses its best efforts to provide Information
that is accurate and up to date at the time it is posted, the
Company assumes no liability or responsibility for any errors or
omissions in the Information. The Information may contain technical
inaccuracies, typographical errors or information that may have
become outdated over time. While the Company may revise the
Information from time to time, the Company does not undertake, and
hereby disclaims, the duty to correct, keep current or update the
Information.
THE COMPANY IS PROVIDING THE SITE AND THE INFORMATION ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR
ANY SITE THAT IS HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT
LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Liability
Your access to, browsing of and use of the Site is at your own
risk.
NEITHER THE COMPANY NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES, NOR THEIR
RESPECTIVE AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE OR THE INFORMATION SHALL BE
LIABLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES, INCLUDING,
WITHOUT LIMITATION, (A) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA, SOFTWARE OR
COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D)
LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PERSON OR
ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON
ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING
OF OR USE OF THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED
HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT,
DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR
OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR
ACTION OR INACTION IN RELIANCE ON THE SITE, THE INFORMATION OR ANY
SITE HYPERLINKED HERETO OR HEREFROM.
Please note that some jurisdictions may not allow the exclusion
of liability for incidental or consequential damages, so some of
the above exclusions may not apply to you.
Indemnity
You agree to indemnify and hold harmless the Company and its
shareholders, directors, officers, employees, agents,
representatives and affiliates, and their respective affiliates,
from any and all suits, claims, actions, proceedings, damages,
losses and other liabilities (including, without limitation,
reasonable attorneys' fees and costs), in connection with or
otherwise relating to your access to, browsing of or use of the
Site, your violation of the Terms and Conditions or your violation
of the rights of another.
Products and Services on the Site
The products and services described on the Site may not be
available in all geographic areas. Not all persons or entities are
eligible for all of the products and services described on the
Site. The Company reserves the right to determine the eligibility
for any such product or service. The Company may at any time and
without notice make changes in, temporarily suspend or permanently
discontinue the products or services described on the Site
Content Use
NationsHealth and its respective agents and representatives, both
individually and collectively, make no representations with respect
to the contents hereof and specifically disclaim any other
warranties, including but not limited to implied or express
warranties of merchantability or fitness for any particular usage,
application or purpose. The material provided on the NationsHealth
Site is designed for educational and purposes only. The contents of
the NationsHealth Site, such as text, graphics, images, information
obtained from NationsHealth's licensors, and other material
contained on the Site ("Content") are for informational purposes
only. The Content is not intended to be a substitute for
professional medical advice, diagnosis, or treatment. Always seek
the advice of your physician or other qualified health provider
with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it
because of something you have read on the NationsHealth Site. If
you think you may have a medical emergency, call your doctor or 911
immediately. NationsHealth does not recommend or endorse any
specific tests, procedures, or other information that may be
mentioned on the Site. Reliance on any information provided by
NationsHealth or NationsHealth's employees is solely at your own
risk.
Cookies
The Company may set and access cookies on your computer. A cookie
is a small piece of data, which often includes an anonymous unique
identifier that is sent to your browser from the Site's computers
and stored on your computer's hard drive. The Company uses cookies
to keep track of your movements on the Site so that the Company can
customize content for its users, and also to remember you when you
return to the Site. Although you may configure your browser not to
accept cookies, you may not be able to access all the features of
the Site if you disable the Company's ability to use cookies on
your browser.
Web Beacons
The Company also may use web beacons to collect non-personal
information about your use of the Site and the sites of certain
third-party advertisers and sponsors and your use of special
promotions or newsletters. Used in combination with cookies, a web
beacon is an often-transparent graphic image, usually no larger
than 1 pixel x 1 pixel that is placed on a site or in an e-mail
that is used to monitor the behavior of the user visiting the site
or sending the e-mail. The information collected by web beacons
allows the Company to statistically monitor how many people are
using the Site.
Off-Site Links
The third-party advertisements and content on, and sites
hyperlinked to or from, the Site are provided solely as a
convenience to you and are not under the control of the Company.
The Company may select certain third-party sites, advertisements or
content as priority responses to search terms that you enter on the
Site and may allow advertisers to respond to certain search terms
that you enter on the Site with third-party sites, advertisements
or content. The Company may frame third-party advertisements or
content on the Site. The Company does not endorse and has not
reviewed any or all of the third-party advertisements or content
on, or sites hyperlinked to or from, the Site. The Company does not
make any representations or warranties regarding, and is not
responsible for, the content or accuracy of any third-party
advertisements or content on, or sites hyperlinked to or from, the
Site. The products and services which can be accessed, purchased or
obtained through such third-party advertisements, content and sites
are from persons or entities other than the Company. Transactions
with respect to such products or services are between you and such
third parties and are not the responsibility of the Company. The
Company does not make any, and hereby disclaims all,
representations or warranties of any kind, including, without
limitation, the warranties of non-infringement, merchantability or
fitness for a particular purpose, with regard to such services and
products. If you chose to hyperlink to or from any third-party site
hyperlinked to or from the Site, then doing so shall be at your own
risk and the Company recommends that you carefully review such
third-party sites' terms and conditions and security and privacy
policies, as they may differ from those of the Company.
Aggregate Data
The Company may combine, in a non-identifiable format, the
protected health information you provide together with information
provided by other users to create aggregate data that may be
disclosed to third parties. Aggregate data does not contain any
information that could be used to contact or identify you.
The Company may also send your protected health information in a
form that cannot be used to personally identify or contact you to a
data warehouse for analysis of health trends and effectiveness of
health programs.
Privacy
The Company does not sell or rent your protected health
information to third parties for marketing purposes without your
explicit written authorization pursuant to the Health Insurance
Portability and Accountability Act, or HIPAA, and the Company only
uses your information as described in the Company's Privacy
Policy.
Prohibited Jurisdictions
The Company does not authorize the downloading or exportation of
the Information to any jurisdiction which prohibits the downloading
or exportation of such Information or to any jurisdiction
prohibited byUnited States export control laws.
Choice of Law, Jurisdiction, and Venue
The Site, the Information, the Terms and Conditions, any suit,
claim, action or proceeding arising out of, or with respect to, any
of the foregoing, or any judgment entered by any court in respect
thereof, shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to its principles of
choice of laws. Any suit, claim, action or proceeding arising out
of, or with respect to, the Site, the Information or the Terms and
Conditions, or any judgment entered by any court in respect
thereof, shall be brought exclusively in the courts of the State of
Florida located in Broward County, Florida, or in the United States
District Court for the Southern District of Florida situated in
Broward County, Florida. All parties hereby consent to personal
jurisdiction in the State of Florida, acknowledge that venue is
proper in the courts of the State of Florida located in Broward
County, Florida, or in the United States District Court for the
Southern District of Florida situated in Broward County, Florida,
and waive any objections that may exist, now or in the future, with
respect to any of the foregoing.
Amendments
The Company may at any time and without notice revise the Terms
and Conditions by updating this posting. You are bound by any such
revisions and should therefore periodically visit this page to
review the then current Terms and Conditions to which you are
bound.
Severability
In the event that any one or more of the provisions contained in
the Terms and Conditions shall be declared invalid, void or
unenforceable, the remaining provisions of the Terms and Conditions
shall remain in full force and effect, and such invalid, void or
unenforceable provision shall be interpreted as closely as possible
to the manner in which it was written.