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(Last
Updated 8.6.2003)
This Terms of Use agreement sets forth the agreement between General
Vitamin, ("General Vitamin" or "we") and each user ("you" or "user") governing
the use by you of this site. Please read this agreement carefully before using
this site. By using this site, you signify your assent to this Terms of Use
agreement. If you do not agree to the terms and conditions contained in this
Terms of Use agreement, you may not access or otherwise use this site.
The information on this site is for informational purposes only
and is not intended as a substitute for advice from your physician or other
healthcare professional or any information contained on or in any product label
or packaging. You should not use the information on this site for diagnosis
or treatment of any health problem or for prescription of any medication or
other treatment. You should always speak with your physician or other healthcare
professional before taking any medication or nutritional, herbal or homeopathic
supplement, before starting any diet or exercise program or before adopting
any treatment for a health problem.
Copyright and Trademarks
All Web site design, text, graphics, sound, software and other
content, and the selection and arrangement thereof, are the property of General
Vitamin or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their respective copyright
owners. Permission is granted to electronically copy and to print in hard copy
portions of this Web site for the sole purpose of placing an order with General
Vitamin or using this web site as a shopping vehicle. Any other use of materials
on this site, including without limitation reproduction for purposes other than
noted above, modification, distribution, replication, commercial or other exploitation,
or creation of derivative works, without the prior written permission of General
Vitamin, is strictly prohibited.
General Vitamin, and all logos, page headers, custom graphics
and icons are service marks and/or trademarks of General Vitamin or its licensors
or affiliates. All other trademarks, service marks, product names and company
names or logos that appear on this site are the property of their respective
owners.
User Submissions
Any suggestions, ideas, comments or other similar submissions
by users shall be deemed the sole property of General Vitamin, which shall not
be liable for any use or disclosure, including without limitation use for commercial
purposes, of such submissions. You agree to grant General Vitamin a worldwide,
royalty-free, perpetual license, with the right to reproduce, transmit, distribute,
publicly display, publicly perform, create derivative works of and sublicense
any materials or other information contained in such submissions. You hereby
waive any claim, cause of action or other recourse that you might have against
General Vitamin for any alleged or actual infringement or misappropriation of
any intellectual property or other right in any such submissions.
No Warranty; Disclaimer
General Vitamin is providing this site and its contents on an
"as is" basis. General Vitamin and its affiliates do not warrant that the site
or files available on the site will be free from corrupted data, computer viruses
or similar destructive or contaminating code. No oral or written statements
by General Vitamin or its affiliates will create any warranty not expressly
set forth herein. Your use of this site and any linked site is at your sole
risk.
The products, information, services and other content provided
on and through this site, including without limitation any products, information,
services and other content provided on any Linked Site, are provided for informational
purposes only to facilitate discussions with a healthcare professional regarding
treatment. The information provided on this site and Linked Sites, including
without limitation information relating to medical and health conditions, products
and treatments, is often provided in summary or aggregate form. It is not intended
as a substitute for advice from your physician or other healthcare professional
or any information contained on or in any product label or packaging. Before
buying or using any products, information or services provided on or through
this site, including without limitation any products, information or services
provided on any Linked Site, you should speak with a healthcare professional.
You should not use the information on this site for diagnosis
or treatment of any health problem or for prescription of any medication or
other treatment. You should always speak with your physician or other healthcare
professional, and carefully read all information provided by the manufacturer
of a product and on or in any product label or packaging, before taking any
medication or nutritional, herbal or homeopathic supplement, before starting
any diet or exercise program or before adopting any treatment for a health problem.
Each person is different, and the way you react to a particular product may
be significantly different from the way other people react to such product.
General Vitamin is not responsible for any claims of quality or
performance made on or through any Linked Site. You are advised that other sites
on the Internet, including without limitation Linked Sites and sites that link
to this site, might contain material or information that some people may find
offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive;
or that is defamatory, libelous, infringing of others' rights or otherwise unlawful.
General Vitamin expressly disclaims any responsibility for the content, legality,
decency or accuracy of any information, and for any products and services, that
appear on any Linked Site or any site that links to this site.
Price and availability information on this site is subject to
change without notice.
Limitation of Liability
General Vitamin and its affiliates shall not under any circumstances
be liable for any damages of any kind arising out of, in connection with or
relating to the use of or inability to use this site, including without limitation
any liability (i) as a publisher of information, (ii) as a reseller of any products
or services, (iii) for any defective products, (iv) for any incorrect or inaccurate
information, (v) for any unauthorized access to or disclosure of your transmissions
or data, (vi) for statements or conduct of any third party on the site, or (vii)
for any other matter relating to this site or any linked site. This is a comprehensive
limitation of liability that applies to all damages of any kind, including without
limitation any direct, indirect, special, incidental or consequential damages
(including without limitation damages for loss of business, loss of profits,
loss of good will, loss of use, loss of data, cost of procuring substitute goods,
services or information, litigation or the like), whether based on breach of
contract, breach of warranty, tort (including without limitation negligence),
product liability or otherwise, even if the user advises of the possibility
of such damages. The limitations of liability set forth herein are fundamental
elements of the basis of the bargain between General Vitamin and the user. The
products, information and services offered on and through this site would not
be provided without such limitations. Because the laws of some states may not
allow for the exclusion of certain damages, in such states liability is limited
to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability
of General Vitamin and its affiliates for any reason, and your sole and exclusive
remedy for any cause or claim whatsoever, shall be limited to the amount paid
by you for any product, information or service purchased by you from General
Vitamin on this site.
You agree to indemnify, defend and hold harmless General Vitamin
and its affiliates against all claims, demands, causes of action, losses, expenses,
damages and costs, including without limitation any reasonable attorneys' fees,
resulting or arising from or relating to your use of or conduct on the site,
any activity related to your account by you or any other person, any material
that you submit to, post on or transmit through the site, your violation of
these Terms of Use, your infringement or violation of any rights of another,
or termination of your access to this site.
All products and services offered on or through this site are
provided subject to any applicable tariffs and any accompanying terms and conditions.
Privacy Protection
General Vitamin respects the privacy of its users in accordance
with the terms of General Vitamin's Privacy Policy.
General Vitamin reserves the right to monitor the site and to disclose any information
recorded or posted on, submitted to or transmitted through the site to the extent
General Vitamin, in its sole discretion, deems such disclosure necessary or
appropriate (i) to comply with any law, regulation, subpoena or government request,
(ii) to operate the site, or (iii) to protect the rights or property of General
Vitamin or its affiliates.
Your Usage of Site; Termination of Usage
You agree to maintain the security of your account on the site,
including the security of your password and other confidential information relating
to the use of the site and your account on the site. You agree to be responsible
for all charges resulting from the use of your account on the site, including
charges resulting from unauthorized use of your account prior to your taking
steps to prevent such occurrence by changing your password and notifying General
Vitamin.
You agree to use this site only for lawful purposes, and that
you are responsible for your use of and communications on the site. You agree
not to post on or transmit through this site any unlawful, infringing, threatening,
harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful
or otherwise objectionable material of any kind, including without limitation
any material that encourages criminal conduct or conduct that would give rise
to civil liability, infringes others' intellectual property rights or otherwise
violates any applicable local, state, national or international law. You agree
not to use this site in any manner that interferes with its normal operation
or with any other user's use and enjoyment of the site. You agree not to reproduce,
modify, distribute, replicate, commercially exploit or create derivative works
of any portion of the site or material thereon.
You further agree that you will not access by any means except
through the interface provided by General Vitamin for access to the site. You
agree that you will not access this site from any territory where its contents
are illegal, and that you, and not General Vitamin and its affiliates, are responsible
for compliance with applicable local laws.
You agree that General Vitamin may terminate or suspend your access
to all or part of this site, without notice, for any conduct that General Vitamin,
in its sole discretion, believes is in violation of these Terms of Use or any
applicable law or is harmful to the interests of another user, General Vitamin
or its affiliates.
Applicable Law; Jurisdiction
This agreement shall be governed by and construed in accordance
with the laws of the State of North Carolina without regard to choice of law
rules. Each user agrees to submit to personal jurisdiction in the State of North
Carolina and further agrees that any cause of action arising from or relating
to the use of this site or this agreement shall be brought exclusively in a
court in North Carolina.
Severability; Interpretation
If any provision of this agreement shall be deemed unlawful, void
or for any reason unenforceable by a court of competent jurisdiction, the validity
and enforceability of any remaining provisions shall not be affected. When used
in this agreement, the term "including" shall be deemed to be followed by the
words "without limitation."
Entire Agreement; Amendments
This agreement constitutes the entire and only agreement between
General Vitamin and each user of this site with respect to the subject matter
of this agreement and supercedes any and all prior or contemporaneous agreements,
representations, warranties and understandings, written or oral, with respect
to the subject matter of this agreement. You agree to review this agreement
prior to your use of this site and your use of this site shall be deemed acceptance
of and assent to this agreement by you. General Vitamin may, in its sole discretion,
amend this Terms of Use agreement from time to time.
Miscellaneous
The failure of General Vitamin or its affiliates to insist upon
strict adherence to any term of this agreement shall not constitute a waiver
of such term and shall not be considered a waiver or limit that party's right
thereafter to insist upon strict adherence to that term or any other term of
this agreement. You agree that regardless of any statute or law to the contrary,
any claim of cause of action arising from or relating to use of this site or
this agreement must be filed within one (1) year after such claim or cause of
action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation
of Liability" provisions of this agreement are for the benefit of General Vitamin
and its affiliates as defined herein, and each of these individuals or entities
shall have the right to assert and enforce these provisions directly against
you on its own behalf.
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