Your License to Access the Site
The content, information, software, designs, and data included in the Site (the "Content") are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.
Unless indicated to the contrary, you may use the Site only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, you may access, copy, download and print the Content made available on the Site, provided that you do not modify or delete any copyright or other notice that appears on the Content.
We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:
- damage or interfere with the proper working of the Site;
- intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
- give you access to the Site or Content using any interface other than the interface that we provide, or attempt to "scrape" or "harvest" Content, except if you use a "robot" program in connection with a bona fide internet search engine and we do not instruct you not to access the Site using that program;
- frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
- convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
- otherwise adversely impact the operation of the Site, the Company, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
Registration and Access Restrictions
You are required to register with us to use certain features of the Site. You agree to (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permits such updates; and (c) use limited-access portions of the Site only using access credentials that we have issued to you.
You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify the Company immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
No Professional Advice or Medical Information
The Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
The Site may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Site. When you provide User Submissions, you grant to the Company a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, whether now known or hereafter invented, including for commercial or marketing purposes, and to use your name or likeness alone or in connection with such uses.
By providing User Submissions through the Site, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions:
- will be accurate and will comply with these Terms;
- will not cause injury to any person or entity, including as used by us in accordance with these Terms;
- will not include medical or other professional advice;
- will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
- will not constitute or encourage a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
- will not contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam"; and
- will not contain advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
Links to Third Party Site
The Site allows you to purchase products or services. The Site is based in the United States. All transactions on this Site will be deemed executed in the United States. To purchase any products or services on the Site, you must (a) be at least eighteen years of age, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Site.
We stand behind the products and services that we sell, and we will list the return policy that will apply to purchases from the Site. In general, we accept returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Site will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and we will not accept returns or issue refunds.
In offering product descriptions on the Site, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return procedures listed on the Site. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mis-priced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.
By confirming your order for shipment outside the United States, you agree to the additional terms contained in this section. If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.
Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed of exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.
If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to us.
Copyright Infringement Notice
We respect the intellectual property rights of others. If you believe that Content on the Site violates your copyright, please send us a notice using the following contact information:
Legal Department The Liddell Corporation 4600 Witmer Industrial Estates #5, Niagara Falls, NY 14305 Attention: General Counsel
Email: [email@example.com] Telephone: 716-297-8557 Fax: 716-297-8595
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the servers that makes the Site available will be virus-free or otherwise free of harmful components; or that information on the Site will be complete, accurate or timely. If you download any materials from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us or through or from the Site will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
To the greatest extent permitted by applicable law, neither we, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Site (including any delay or inability to use the Site), (2) any information, products or services advertised in or obtained through the Site, or (3) our removal or deletion of any materials submitted or posted on the Site, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Site and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Site or in these Terms.)
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising from or in connection with your use of the Site or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company's prior written approval.
Jurisdiction and Venue
The laws of the State of New York govern these Terms and any dispute of any sort that may arise between you and the Company or its affiliates, without regard to conflict of laws rules, as if entered into by residents of New York and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Suffolk County, New York for any action relating to the Site or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes.
Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
How to Contact Us
If you have any questions or comments about these Terms or the Site, please contact us by:
Mail: The Liddell Corporation
4600 Witmer Industrial Estates #5
Niagara Falls, New York 14305
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