These
Terms of Use (the “Agreement”)
constitute a legally binding agreement by and between Health-eMark,
(hereinafter,
“Health-eMark”) and you (“You”
or “Your”) concerning Your use of
Health-eMark’s
website located at www.Health-eMark.com By using the Website and
Services, You
represent and warrant that You have read and understood, and agree to
be bound
by, this Agreement and Health-eMark’s [Privacy Policy] (the
“Privacy Policy”),
which is incorporated herein by reference and made part of this
Agreement. IF
YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT
OR THE
PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING
THE
SERVICES.
2.
PRIVACY POLICY
By
using the Website, You consent to
the collection and use of certain information about You, as specified
in the
Privacy
Policy. Health-eMark encourages users of the Website to
frequently
check Health-eMark’s Privacy Policy
for changes.
3.
CHANGES TO AGREEMENT AND PRIVACY
POLICY
Internet
technology and the
applicable laws, rules, and regulations change frequently. ACCORDINGLY,
HEALTH-EMARK
RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND THE PRIVACY POLICY AT
ANY TIME
UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A
CHANGE
NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS
AGREEMENT AND
THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER
UNACCEPTABLE,
YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
Unless Health-eMark
obtains Your express consent, any revised Privacy Policy will apply
only to
information collected by Health-eMark after such time as the revised
Privacy
Policy takes effect, and not to information collected under any earlier
Privacy
Policies.
4.
ELIGIBILITY
BY
USING THE WEBSITE OR SERVICES,
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE
OTHERWISE
LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE
LAW. This
Agreement is void where prohibited.
5.
LICENSE
Subject
to Your compliance with the
terms and conditions of this Agreement, Health-eMark grants You a
non-exclusive, non-sublicensable, revocable as stated in this
Agreement,
non-transferable license to use the Website and Services. The Website,
or any
portion of the Website, may not be reproduced, duplicated, copied,
modified,
sold, resold, distributed, visited, or otherwise exploited for any
commercial
purpose without the express written consent of Health-eMark. Except as
expressly set forth herein, this Agreement grants You no rights in or
to the
intellectual property of Health-eMark or any other party. The license
granted
in this section is conditioned on Your compliance with the terms and
conditions
of this Agreement. In the event that You breach any provision of this
Agreement, Your rights under this section will immediately terminate.
6.
THE WEBSITE DOES NOT PROVIDE
PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP
Health-eMark
provides the Website
for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR
CONSTITUTE,
AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION.
Health-eMark is
not a medical professional, and Health-eMark does not provide medical
services
or render medical advice. The Website and Services are not a substitute
for the
advice of a medical professional, and the information made available on
or
through the Website and Services should not be relied upon when making
medical
decisions, or to diagnose or treat a medical or health condition. If
you
require medical advice or services, You should consult a medical
professional.
YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP
BETWEEN
YOU AND HEALTH-EMARK.
YOU
HEREBY AGREE THAT, BEFORE USING
THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN,
PARTICULARLY IF YOU
ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR
DIET.
7.
REFUND POLICY
All our products are eligible
for a 30 day money back no questions asked guarantee from the day of
purchase. To get a refund within this stipulated period, kindly visit
out contact us page and use the refund form.
8.
RELIANCE ON THIRD-PARTY CONTENT
Opinions,
advice, statements, or
other information made available by means of the Website and Services
by third
parties, are those of their respective authors, and should not
necessarily be
relied on. Such authors are solely responsible for such content.
HEALTH-EMARK
DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
ANY
THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR
ACCEPT
RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE
OR
STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES.
UNDER NO
CIRCUMSTANCES WILL HEALTH-EMARK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING
FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE
WEBSITE OR
TRANSMITTED TO OR BY ANY THIRD-PARTY.
9.
USER INFORMATION
You
represent and warrant that all
information You provide in connection with Your use of the Website and
Services
will be complete and accurate.
10.
EMAIL COMMUNICATIONS; E-ZINE
By
completing a purchase through the
Website and Services, You consent to receive periodic email
communications from
Health-eMark concerning Health-eMark’s products and services,
including without
limitation, order confirmations, new product information,
announcements,
special deals, and inquiries regarding the quality of our products and
other
matters.
By
subscribing to the “Fat Burning
Tips” e-zine, You hereby agree to receive periodic email
communications from Health-eMark.
Each e-zine has clear instructions about how to unsubscribe. Should You
subscribe to the e-zine and later wish to unsubscribe, You can opt-out
of
receiving the e-zine at anytime by following the unsubscribe
instructions
contained therein.
11.
THIRD PARTY SERVICES
Certain
of the Services offered
through the Website are provided, in whole or in part, by third parties
(“Third-Party Services” as provided by
“Third-Party Service Providers”). In
order to use Third-Party Services, You may be required to enter into
additional
terms and conditions with Third-Party Service Providers. IF YOU DO NOT
UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND
CONDITIONS, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES. In the
event of
any inconsistency between terms and conditions relating to Third-Party
Services
and the terms and conditions of this Agreement, those additional terms
and
conditions will control, although only with respect to such Third-Party
Services. The providers of Third-Party Service Providers may collect
and use
certain information about you, as specified in the Third-Party Service
Providers’ privacy policies. Prior to providing information
to any Third-Party
Service Provider, you should review their privacy policy. IF YOU DO NOT
UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE
PROVIDER’S
PRIVACY POLICY, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES.
12.
THIRD-PARTY WEBSITES
The
Website is linked with the
websites of third parties (“Third-Party Websites”),
some of whom may have
established relationships with Health-eMark and some of whom may not.
Health-eMark
does not have control over the content and performance of Third-Party
Websites.
HEALTH-EMARK HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE
MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE
AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, HEALTH-EMARK
DOES
NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE
ACCURACY,
CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION
MATERIAL,
GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. HEALTH-EMARK
DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY
FOR ANY
DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING
FROM YOUR
USE OF THIRD-PARTY WEBSITES.
13.
PROHIBITED USES
Health-eMark
imposes certain
restrictions on Your use of the Website and the Services. You represent
and
warrant that you will not: (a) violate or attempt to violate any
security
features of the Website or Services; (b) copy or otherwise duplicate,
directly
or indirectly, any portion of the Website, including without
limitation, all
designs, information, photographs, images, drawings, videos, music,
text,
typefaces, graphics, products, code, and other files, and the
selection,
arrangement and organization thereof (collectively,
“Health-eMark Content”);
(c) use any software that enables copying or duplication of
Health-eMark
Content for later off-line viewing; (d) distribute, display, modify,
transmit,
resell, reuse, or repost Health-eMark Content in any electronic form,
including
any online service, the Internet or any other telecommunications medium
which
now exists or shall exist in the future, for any purpose, without the
prior
written permission of Health-eMark; (e) access content or data not
intended for
You, or log onto a server or account that You are not authorized to
access; (f)
attempt to probe, scan, or test the vulnerability of the Services, the
Website,
or any associated system or network, or breach security or
authentication
measures without proper authorization; (g) interfere or attempt to
interfere
with the use of the Website or Services by any other user, host or
network,
including, without limitation by means of submitting a virus,
overloading,
“flooding,” “spamming,”
“mail bombing,” or “crashing”;
(h) use the Website or
Services to send unsolicited e-mail, including without limitation
promotions or
advertisements for products or services; (i) forge any TCP/IP packet
header or
any part of the header information in any e-mail or in any uploading or
posting
to, or transmission, display, performance or distribution by means of,
the
Website or Services; or (j) attempt to modify, reverse-engineer,
decompile,
disassemble or otherwise reduce or attempt to reduce to a
human-perceivable
form any of the source code used by Health-eMark in providing the
Website or
Services. Any violation of this section may subject You to civil and/or
criminal liability.
14.
INTELLECTUAL PROPERTY
The
Website, all content and
materials located on the Website, including without limitation the
Health-eMark
name, the “Flat Stomach Formula” e-book,
and any logos, designs, text,
graphics and other files, and the selection, arrangement and
organization
thereof, are the intellectual property of Health-eMark, LLC or its
licensors.
Except as explicitly provided, neither Your use of the Website and
Services,
nor your entry into this Agreement, grant You any right, title or
interest in
or to any such content or materials FLAT STOMACH FORMULA , GO BEYOND CALORIES, and HEALTH-EMARK (the
“Health-eMark Marks”) are
trademarks or registered trademarks of Health-eMark.com.
ALL RIGHTS ARE RESERVED.
14.
DISCLAIMERS; LIMITATION OF
LIABILITY
(a)
NO WARRANTIES.
HEALTH-EMARK,
ON BEHALF OF ITSELF
AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE
WEBSITE
AND SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE.” TO THE MAXIMUM EXTENT
PERMITTED BY LAW, HEALTH-EMARK, ON BEHALF OF ITSELF AND ITS LICENSORS
AND
SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED,
REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
NEITHER HEALTH-EMARK
NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE
SERVICES WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE
SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE. NEITHER HEALTH-EMARK NOR ITS LICENSORS
OR SUPPLIERS
HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b)
YOUR RESPONSIBILITY FOR LOSS OR
DAMAGE
YOU
AGREE THAT YOUR USE OF THE
WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD
HEALTH-EMARK OR
ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR
DAMAGE
THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING
WITHOUT
LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE
INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c)
LIMITATION OF LIABILITY
THE
LIABILITY OF HEALTH-EMARK AND
ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED
BY LAW,
IN NO EVENT SHALL HEALTH-EMARK OR ITS LICENSORS OR SUPPLIERS BE LIABLE
FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA
OR
CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF
PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING
WITHOUT
LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR
OTHERWISE,
REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR
NOTICE
GIVEN TO HEALTH-EMARK OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR
IN
CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION
SHALL
APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF
CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM
LIABILITY OF HEALTH-EMARK AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER
ALL CIRCUMSTANCES
WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO HEALTH-EMARK DURING
THE SIX
MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH
LIABILITY. YOU
AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE
ALLOCATION OF
RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
HEALTH-EMARK
AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.
(d)
APPLICATION
THE
ABOVE DISCLAIMERS, WAIVERS AND
LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES
OR ANY
OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND
HEALTH-EMARK
OR BETWEEN YOU AND ANY OF HEALTH-EMARK’S LICENSORS AND
SUPPLIERS. SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES
OR THE
LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS,
WAIVERS AND
LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR
MODIFIED BY
APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS
SHALL APPLY
TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE. HEALTH-EMARK’S LICENSORS AND SUPPLIERS ARE INTENDED
THIRD-PARTY
BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE
OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE
WEBSITE OR
OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN
THIS
SECTION.
15.
YOUR REPRESENTATIONS AND
WARRANTIES
You
represent and warrant that Your
use of the Website and Services will be in accordance with this
Agreement and
any other Health-eMark policies, and with any applicable laws or
regulations.
16.
INDEMNITY BY YOU
Without
limiting any indemnification
provision of this Agreement, You agree to defend, indemnify and hold
harmless Health-eMark
and its officers, directors, employees, agents, affiliates,
representatives,
sublicensees, successors, assigns, and Industry Professionals
(collectively,
the “Indemnified Parties”) from and against any and
all claims, actions, demands,
causes of action and other proceedings (collectively,
“Claims”), including but
not limited to legal costs and fees, arising out of or relating to: (i)
Your
breach of this Agreement, including without limitation any
representation or
warranty contained in this Agreement; (ii) Your access to or use of the
Website
or Services; (iii) Your provision to Health-eMark or any of the
Indemnified
Parties of information or other data; or (iv) Your violation or alleged
violation of any foreign or domestic, federal, state or local law or
regulation.
The
Indemnified Parties will have
the right, but not the obligation, to participate through counsel of
their
choice in any defense by You of any Claim as to which You are required
to
defend, indemnify or hold harmless the Indemnified Parties. You may not
settle
any Claim without the prior written consent of the concerned
Indemnified
Parties.
17.
GOVERNING LAW; JURISDICTION AND
VENUE
This
Agreement, including without
limitation its construction and enforcement, shall be treated as though
it were
executed and performed in Hoboken, New Jersey, and shall be governed by
and
construed in accordance with the laws of the State of New Jersey
without regard
to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING
OUT OF OR
RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE INSTITUTED WITHIN ONE
(1)
YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED. THE PROPER VENUE
FOR ANY
JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
WEBSITE
WILL BE THE REPUBLIC OF KENYA. THE
PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE
PERSONAL
JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO
EXTRATERRITORIAL SERVICE OF PROCESS.
18.
TERMINATION
Either
party may terminate this
Agreement and its rights hereunder at any time, for any or no reason at
all, by
providing to the other party notice of its intention to do so. This
Agreement
shall automatically terminate in the event that You breach any of this
Agreement’s representations, warranties or covenants. Such
termination shall be
automatic, and shall not require any action by Health-eMark. Upon
termination,
all rights and obligations created by this Agreement will terminate,
except
that Sections 6, 7 and 10-20 will survive any termination of this
Agreement.
For clarification, termination of this Agreement will not relieve You
of Your
obligation to pay any fees owed Health-eMark. If Health-eMark, in
Health-eMark’s
discretion, takes legal action against You in connection with any
actual or
suspected breach of this Agreement, Health-eMark will be entitled to
recover
from You as part of such legal action, and You agree to pay,
Health-eMark’s
reasonable costs and attorneys’ fees incurred as a result of
such legal action.
The Health-eMark Parties will have no legal obligation or other
liability to
You or to any third party arising out of or relating to any termination
of this
Agreement.
19.
NOTICES
All
notices required or permitted to
be given under this Agreement must be in writing. Health-eMark shall
give any
notice by email sent to the most recent email address, if any, provided
by the
intended recipient to Health-eMark. You agree that any notice received
from Health-eMark
electronically satisfies any legal requirement that such notice be in
writing.
YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON
FILE
WITH HEALTH-EMARK IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE
DEEMED
EFFECTIVE UPON THE SENDING BY HEALTH-EMARK OF AN EMAIL TO THAT ADDRESS.
You
shall give any notice to Health-eMark by means of: (1) fax at:
[INSERT]; or
mail, postage prepaid, to [INSERT].
20.
GENERAL
This
Agreement constitutes the
entire agreement between Health-eMark and You concerning Your use of
the
Website and Services. This Agreement may only be modified by a written
amendment signed by owners of Health-eMark or by the unilateral
amendment of
this Agreement by Health-eMark and by the posting by Health-eMark of
such
amended version. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the
parties’ original
intent, and the remaining portions will remain in full force and
effect. A
waiver by either party of any term or condition of this Agreement or
any breach
thereof, in any one instance, will not waive such term or condition or
any
subsequent breach thereof. This Agreement and all of Your rights and
obligations hereunder will not be assignable or transferable by You
without the
prior written consent of Health-eMark. This Agreement will be binding
upon and
will inure to the benefit of the parties, their successors and
permitted
assigns. You and Health-eMark are independent contractors, and no
agency,
partnership, joint venture or employee-employer relationship is
intended or
created by this Agreement. You acknowledge and agree that any actual or
threatened breach of this Agreement or infringement of proprietary or
other
third party rights by You would cause irreparable injury to
Health-eMark and Health-eMark’s
licensors and suppliers, and would therefore entitle Health-eMark or
Health-eMark’s
licensors or suppliers, as the case may be, to injunctive relief. The
headings
in this Agreement are for the purpose of convenience only and shall not
limit,
enlarge, or affect any of the covenants, terms, conditions or
provisions of
this Agreement.
This
content is reviewed periodically and is subject to
change as new information on weight loss becomes
available. The information is intended for
educational purposes only. Please
consult your healthcare provider before beginning
any kind of weight loss program
