Conditions of Use
This agreement (hereinafter, the "Agreement") between Rejuvenation Institute of Natural Health (hereinafter, "Rejuvenation Institute of Natural Health", "us" or "we") and you sets forth the terms and conditions which govern your use of any of the Rejuvenation Institute of Natural Health or Rejuvenation Institute of Natural Health sponsored websites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by Rejuvenation Institute of Natural Health.
Please read this agreement carefully before accessing or using any of the sites and/or services. By accessing or using the sites and/or services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the sites or services and should immediately cease such use. We may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the site or via e-mail. Your use of any of the sites and/or services following such notice shall be deemed your acceptance of such changes. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site and/or the services shall be deemed your conclusive acceptance of the modified agreement. If we request, you irrevocably agree to sign a non-electronic version of this agreement.
1. Limited License; Use of Services.
Rejuvenation Institute of Natural Health grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
Rejuvenation Institute of Natural Health's Services shall contain, without limitation, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
- copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
- access the Sites or Services by any means other than through the standard industry-accepted or Rejuvenation Institute of Natural Health-provided interfaces;
- transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
- impersonate any person or entity, including without limitation, a Rejuvenation Institute of Natural Health official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- post or transmit any material that contains a virus or corrupted data;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
- post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
- violate any applicable local, state, national or international law;
- upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Rejuvenation Institute of Natural Health product or Service if you are not expressly authorized by such party to do so; or
- use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Rejuvenation Institute of Natural Health's servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Rejuvenation Institute of Natural Health through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
3. Billing Transactions and Policies.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase any of these products or Services, you will be asked by Rejuvenation Institute of Natural Health or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Rejuvenation Institute of Natural Health or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Your right to use a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all Rejuvenation Institute of Natural Health obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
4. Third Party Content.
In general, the content contained on any of the Sites or Services is supplied by third parties and users. Accordingly, Rejuvenation Institute of Natural Health is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Rejuvenation Institute of Natural Health. Neither Rejuvenation Institute of Natural Health nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Rejuvenation Institute of Natural Health neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized Rejuvenation Institute of Natural Health representative while acting in his/her official capacity.
5. Contests and Games.
Rejuvenation Institute of Natural Health may provide contests and games on its Sites. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
6. Accounts, Passwords and Security.
If any of the Sites or Services require you to open an account, you must complete the registration process by providing Rejuvenation Institute of Natural Health with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Rejuvenation Institute of Natural Health which is untrue, inaccurate, not current or incomplete, Rejuvenation Institute of Natural Health reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Rejuvenation Institute of Natural Health immediately of any unauthorized use of your account or any other breach of security. Rejuvenation Institute of Natural Health will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Rejuvenation Institute of Natural Health or another party due to someone else using your account or password.
7. Disclaimer Regarding Links.
The links on any of the Sites will let you leave the particular Site you are accessing in order to access a linked site (the "Linked Sites"). Rejuvenation Institute of Natural Health provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Rejuvenation Institute of Natural Health reviewed or approved the content which appears on the Linked Sites. Rejuvenation Institute of Natural Health is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Rejuvenation Institute of Natural Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
8. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Rejuvenation Institute of Natural Health shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
9. Proprietary Rights.
You acknowledge and agree that the Sites contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Rejuvenation Institute of Natural Health or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Rejuvenation Institute of Natural Health or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Rejuvenation Institute of Natural Health shall be fully paid-up and royalty free. In addition, under no circumstances shall Rejuvenation Institute of Natural Health have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Rejuvenation Institute of Natural Health's business through a merger, sale or transfer of all or substantially all of the assets of Rejuvenation Institute of Natural Health, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
10. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Rejuvenation Institute of Natural Health infringe your copyright, you, or your agent may send to Rejuvenation Institute of Natural Health a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Rejuvenation Institute of Natural Health actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Rejuvenation Institute of Natural Health a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Rejuvenation Institute of Natural Health's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Designated Agent: Rejuvenation Institute of Natural Health c/o Copyright Agent
E-mail for notice:firstname.lastname@example.org .
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Rejuvenation Institute of Natural Health's policy with respect to the collection and use of your personally identifiable information is set forth at the bottom left of each our store's pages http://www.rejuvinstitute.com/shop/ under the link "Privacy Notice". By accepting these Terms of Service, you acknowledge this policy.
12. Disclaimer of Warranties.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REJUVENATION INSTITUTE OF NATURAL HEALTH AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
13. Limitation of Liability.
NEITHER REJUVENATION INSTITUTE OF NATURAL HEALTH NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES ; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL REJUVENATION INSTITUTE OF NATURAL HEALTH'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES.
14. Professional Advice Disclaimer.
REJUVENATION INSTITUTE OF NATURAL HEALTH'S SITES DO NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY OF THE SITES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND REJUVENATION INSTITUTE OF NATURAL HEALTH MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
You agree to indemnify, defend, and hold Rejuvenation Institute of Natural Health and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Rejuvenation Institute of Natural Health infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites. This Section 15 shall survive in the event this Agreement is terminated for any reason.
16. Jurisdictional Issues.
Rejuvenation Institute of Natural Health makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Rejuvenation Institute of Natural Health reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Product that we provide.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Rejuvenation Institute of Natural Health, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 17 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
18. General Information.
This Agreement constitutes the entire agreement and understanding between you and Rejuvenation Institute of Natural Health and governs your use of the Sites, superseding any prior agreements between you and Rejuvenation Institute of Natural Health. This Agreement and the relationship between you and Rejuvenation Institute of Natural Health shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. You and Rejuvenation Institute of Natural Health irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Ozaukee, in the State of Wisconsin, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Rejuvenation Institute of Natural Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Rejuvenation Institute of Natural Health of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.