Thank you for visiting this web site and reviewing the terms and conditions which apply to this web site ("Terms of Use"). Nutritional Healing Technologies, Inc. (referred to herein as "NHT", or “NHTI” or “The Road to Healthy Living”, "us" or "we") offers services and information on or through this web site. Please review these Terms of Use carefully.
By utilizing this web site (the "Web site"), you agree to be bound by the terms and conditions set forth in these Terms of Use. We encourage you to visit and review our Web site and these terms periodically for any updates or changes. Your continued access or use of our Web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by the Terms of Use, you may not use and must immediately cease your use of the Web site.
Health-Related Information.
The information contained in the Web site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web site for diagnosing or treating any health problem or disease, or prescribing any medication. Moreover, information and statements on this Web site regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Use of Web site.
You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law.
Modifications.
We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Web site and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Web site with or without notice to you. You agree that we shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Web site or the Web site itself.
Indemnity.
You agree to indemnify and hold NHT, its officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web site, your connection to our Web site, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.
Submission of Information or Materials.
You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. Other than personally identifiable information, which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Web site becomes and will remain the property of NHT and may be used by NHT anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to NHT will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you; by providing such information and materials to us, you grant us a worldwide non-exclusive non-terminable license to use, publish and re-publish that information and material in our sole discretion. Furthermore, you shall indemnify us under the Section above from and against any claim of infringement by any third party in respect of such information and material. NHT will not have to compensate you or anyone else for using any ideas or other materials that you may provide through or post on the Web site.
Links.
Our Web site provides links to other web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that NHT is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that NHT 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 your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
Our Proprietary Rights.
The Web site is owned and operated by NHT. The contents of the Web site are copyright 2005 Nutritional Healing Technologies, Inc. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Web site is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. NHT authorizes you to view and download materials at the Web site only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Web site in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other web site (including without limitation, displaying this Web site or any material displayed on or that can be downloaded from this Web site in frames on another web site without NHT's express written permission) is prohibited.
Sale Of Products.
You may be provided with the opportunity to purchase products through the Web site and/or from third party web sites linked to the Web site. Products purchased through the web sites of others are subject to the terms and conditions of such other parties and their web sites, and NHT shall have no liability or responsibility therefore. We reserve the right to require full payment in cash for certain purchases.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF OUR WEB SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NHT MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEB SITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NHT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEB SITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. NHT MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEB SITE OR ANY WEB SITE LINKED HEREUNDER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NON USE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. NHT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NHT OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
YOU AGREE THAT NHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEB SITE, EVEN IF NHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEB SITE; LINKING TO ANY THIRD PARTY WEB SITE FROM THE WEB SITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEB SITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEB SITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT NHT SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Domestic Use; Export Restriction.
We control the Web site from our offices within the United States. We make no representation that the Web site or its content (including, without limitation, any products or services available on or through the Web site) are appropriate or available for use in other countries. Users who access the Web site from outside the United States do so on their own initiative and bear all responsibility for compliance with any applicable local laws. United States export control laws prohibit the export of certain technical data and software to certain territories; no content from the Web site may be downloaded in violation of United States law.
Applicable Law; Jurisdiction.
Any claim relating to the Web site, our Terms of Use, and the relationship between you and us shall be governed by the laws of State of New York without regard to its conflict of law provisions. You and NHT agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York.
Other General Terms.
We may make changes to our Web site, these Terms of Use, or the policies and conditions that govern the use of our Web site at any time and without notice to you. These Terms of Use and our Privacy Policy constitute the entire agreement between you and NHT with respect to the Web site; provided, however, that certain provisions of these Terms of Use may be superceded by expressly designated legal notices or terms which may be located on particular pages on the Web site. We may terminate your use or and your right to use this Web site at any time and for any reason or for no reason. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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