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 NationsHealths' 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 NationsHealths' 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 by United 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