TERMS OF SERVICE
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY AMENDMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH LINDA WADE HERBAL PRODUCTS, INC. PROVIDES YOU WITH VARIOUS SERVICES ON ITS WEB SITES (ALL SERVICES ARE COLLECTIVELY REFERRED TO AS "LINDA WADE HERBAL PRODUCTS SERVICES"). BY ACCESSING, BROWSING AND/OR USING OUR WEB SITES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITES.
Ownership of our Web Sites
The lindawade.net, anti-aging-ghr-15-hormone-shop.com and lindawade.com web sites ("Sites") are owned and operated by Linda Wade Herbal Products, Inc. ("Linda Wade Herbal Products"). All right, title and interest to the content displayed on our Sites, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names and URL, is the property of Linda Wade Herbal Products, or its respective partners, agents or third parties
Changes To This Agreement
Linda Wade Herbal Products may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of any of our Sites following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement at http://lindawade.net/docs/termsofservice.html.
Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users. All materials published on the Sites, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or other third parties ("Content") are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws, and owned or controlled by Linda Wade Herbal Products, or the party identified as the provider of the Content. Except as expressly authorized by Linda Wade Herbal Products, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Sites or any Content (including without limitation any software) available through the Sites.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Linda Wade Herbal Products Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of Linda Wade Herbal Products or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Linda Wade Herbal Products Services in any manner or form, or to use modified versions of the Linda Wade Herbal Products Services, including (without limitation) for the purpose of obtaining unauthorized access to the Linda Wade Herbal Products Services or portions of the Services. You agree not to access the Linda Wade Herbal Products Services by any means other than through the interface that is provided by Linda Wade Herbal Products for use in accessing the Linda Wade Herbal Products Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Linda Wade Herbal Products' Content or under any third party's Content. Any rights not expressly granted herein are reserved.
Sites with Registration
Certain Sites require users to register to obtain certain Linda Wade Herbal Products Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the Linda Wade Herbal Products registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the Linda Wade Herbal Products Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or Linda Wade Herbal Products has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, Linda Wade Herbal Products has the right to suspend or terminate your access and refuse you any and all use of relevant Site. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided on the relevant Site.
Passwords and Security
Access to certain Linda Wade Herbal Products Services require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Linda Wade Herbal Products immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Linda Wade Herbal Products cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of the Linda Wade Herbal Products Services includes links to other World Wide Web sites or resources. Because Linda Wade Herbal Products has no control over such sites and resources, you acknowledge and agree that Linda Wade Herbal Products is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Linda Wade Herbal Products shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Linda Wade Herbal Products has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Linda Wade Herbal Products Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Linda Wade Herbal Products does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Linda Wade Herbal Products will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Linda Wade Herbal Products has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To Linda Wade Herbal Products Services
Linda Wade Herbal Products reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Linda Wade Herbal Products Services (or any part thereof) with or without notice. You agree that Linda Wade Herbal Products will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Linda Wade Herbal Products Services.
Termination of Your Access to Linda Wade Herbal Products Services
You agree that Linda Wade Herbal Products, in its sole discretion, may terminate your access to the Linda Wade Herbal Products Services for any reason, including, without limitation, for lack of use or if Linda Wade Herbal Products believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Linda Wade Herbal Products Services may be effected without prior notice, and acknowledge and agree that Linda Wade Herbal Products may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Linda Wade Herbal Products Services. Further, you agree that Linda Wade Herbal Products shall not be liable to you or any third party for the discontinuation or termination of your access to the Linda Wade Herbal Products Services, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING Linda Wade Herbal Products SERVICES YOU UNDERSTAND AND AGREE THAT:
LINDA WADE HERBAL PRODUCTS SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. LINDA WADE HERBAL PRODUCTS AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
YOUR USE OF THE LINDA WADE HERBAL PRODUCTS SERVICES IS AT YOUR SOLE RISK. THE LINDA WADE HERBAL PRODUCTS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINDA WADE HERBAL PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LINDA WADE HERBAL PRODUCTS MAKES NO REPRESENTATION OR WARRANTY THAT LINDA WADE HERBAL PRODUCTS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE LINDA WADE HERBAL PRODUCTS SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LINDA WADE HERBAL PRODUCTS SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH LINDA WADE HERBAL PRODUCTS SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF LINDA WADE HERBAL PRODUCTS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE LINDA WADE HERBAL PRODUCTS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT LINDA WADE HERBAL PRODUCTS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, LINDA WADE HERBAL PRODUCTS SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR LINDA WADE HERBAL PRODUCTS SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT LINDA WADE HERBAL PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Linda Wade Herbal Products
You agree to indemnify and hold Linda Wade Herbal Products, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Linda Wade Herbal Products Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Linda Wade Herbal Products, lindawade.net, and lindawade.com are registered trademarks of Linda Wade Herbal Products, Inc. The Linda Wade Herbal Products logo, the lindawade.net logo, the lindawade.com logo, the Anti-Aging GHR-15 Hormone Shop logo, and other Linda Wade Herbal Products logos and product and service names are service marks or trademarks of Linda Wade Herbal Products, Inc. (the "Linda Wade Herbal Products Marks").
You agree not to display or use the Linda Wade Herbal Products Marks in any manner without Linda Wade Herbal Products' prior written permission. To seek permission to use any of the Linda Wade Herbal Products Marks, please contact firstname.lastname@example.org .
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Linda Wade Herbal Products are governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Linda Wade Herbal Products agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kane County, Illinois.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Linda Wade Herbal Products
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Linda Wade Herbal Products to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Sites, you may contact a representative of Linda Wade Herbal Products at email@example.com or by mail at:
Linda Wade Herbal Products, Inc.
Attention: Linda Wade
965 Oak Street
North Aurora, IL 60542
|©2003 Linda Wade Herbal Products, Inc. All rights reserved.|