Omega3-DrHo.com Terms of Use (www.omega3-drho.com)
Terms of Use Agreement
Thank you for visiting the www.omega3-drho.com web site. These Terms of Use set forth the agreement between the www.omega3-drho.com web site, which is owned, operated and maintained by Newfoundland Health Foods Corporation ("NHFC"), a provider of online information, products and services for optimum health and wellness, and each user governing the use of this web site. Our web site is designed to provide a convenient, private and informative experience for its visitors as well as a place to purchase NHFC or NHFC related or approved products and services created to facilitate an active, healthy lifestyle. Newfoundland Health Foods Corporation and our respective subsidiaries and affiliates ("we", "us", "our") want each visitor to our web site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these terms and conditions carefully before using our web site. By using this web site, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use this web site. We may make changes to our web site, these terms and conditions, or the policies and conditions that govern the use of our web site at any time. We encourage you to 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 notification and acceptance of these changes.
THIS SITE DOES NOT PROVIDE ANY SPECIFIC MEDICAL ADVICE
Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by 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 web site for diagnosing or treating a health problem or disease, or prescribing 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, or adopting any treatment for a health problem. For any products or services purchased from this web site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and Dr. Ho, or any of the physicians affiliated with our web site. Information and statements regarding dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.
COPYRIGHT AND TRADEMARKS
“Newfoundland Health Foods Corporation,” “Terra Nova Fishery Co. Ltd.,” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by NHFC. All other trademarks, product names, and company names and logos appearing on our web site are the property of their respective owners.
Our web site and our e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the Canadian copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. By posting on our Site via the Community Discussions you agree that we may use a single post without using your real name or any personally identifiable information in our promotion material at no charge to our site.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this web site and/or our e-bulletins for the sole purpose of placing an order with www.omega3-drho.com. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Canadian copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this web site and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
YOUR ACCOUNT OBLIGATIONS
In order to use our web site, you agree to provide true, accurate, current and complete information about yourself on any forms, included herein, and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may omit your information and refuse all current and future use by you of our web site. Account information and certain other information about you are subject to the terms of our privacy policy (see our privacy policy by clicking here: Privacy Policy).
COMMERCIAL TRANSACTIONS
Certain products or Services may be offered for sale on Omega3-DrHo.com. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by Omega3-DrHo.com's authorized third party (PayPal.com) to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Omega3-Drho.com or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account. Also please read about PayPal's Complete Buyer Protection
Some services offered by Omega3-Drho.com are subscription-based services. If you open a subscription-based account with Omega3-DrHo.com, you hereby agree to pay all charges to your account, in accordance with billing terms in effect at the time the fee or charge becomes payable. Omega3-DrHo.com reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. Omega3-DrHo.com agrees that it will notify you when, and if, we decide to terminate your account.
In the event that you elect to terminate a paid subscription within fourteen (14) days of signing up for the service, you are entitled to a full refund. To cancel your account and obtain a refund you must call our Customer Service staff at (709) 364-6142 to terminate. If you wish to cancel your subscription after fourteen (14) days from initial purchase, you shall not be entitled to a refund of the purchase price or any portion thereof. If you have an outstanding balance due on any Omega3-DrHo.com account, you hereby agree that Omega3-DrHo.com may charge these unpaid fees to your credit card.
Please Note: Your subscription will be automatically renewed and your credit card will be charged in accordance with the schedule provided for a particular Service or product. Your renewal charge shall be equal to the original stated renewal price when subscribed, unless otherwise notified in advance. You shall have thirty (30) days following the date on which the renewal charge is posted to your credit card or other account to notify Omega3-DrHo.com that you wish to cancel your subscription. Your subscription will then be cancelled and no further renewal fees will be charged. Renewal fees, once charged to your account, are non-refundable.
Your right to use the Service or a specific product is conditional on our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations hereunder.
YOUR CONDUCT ON OUR WEB SITE
Any conduct by you on our web site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our web site will not be permitted. You agree to use our web site only for lawful purposes. You are prohibited from posting on or transmitting through our web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our Web Site to post petitions for any issue or cause.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our web site, use of our web site, or access to our web site. You agree not to access our web site by any means other than through the interface provided by us for use in accessing our web site. You understand that the robots.txt file is the only means by which robots are authorized to access our web site. You agree not to violate any of the robot access policies.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our web site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our web site, without prior notice.
DISCLAIMERS
This web site is provided for your use on an “as is,” “as available” basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “associates"), do not make any representations or warranties of any kind, express or implied, with respect to our web site or its Content, including, without limitation, the products, services or information offered or sold on or through our web site or any other web site to which our web site links and the uninterrupted or error-free use of our web site. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our web site or files available on our web site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this web site and any site linked to our web site is expressly at your own risk.
All information contained on our web site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this web site for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our web site. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians affiliated with our web site. Information and statements 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.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other web sites that contain links to or from our web site. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.
Price and availability information on our web site are subject to change without notice.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing our web site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this web site. (ii) personal injury or death caused by your use or misuse of our web site, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our web site (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our web site, or (vi) any other matter relating to our web site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, 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 us through our web site.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our web site, 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 person.
PRIVACY
We respect your privacy in accordance with the terms of our privacy policy (see our privacy policy by clicking here: Privacy). We reserve the right to monitor our web site and to disclose any information recorded or posted on, submitted to, or transmitted through our web site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our web site, or to protect our rights or property or the rights or property of our users. In addition, we are committed to protecting the privacy of children.
EXPORT
Canadian export control laws regulate the export and re-export of technology originating within Canada. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations and not to transfer, by electronic transmission or otherwise, any Content derived from our web site to either a foreign national or a foreign destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our web site. We are not responsible for screening, policing, editing, or monitoring Content on our web site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our web site. We may terminate your access, or suspend your access to all or part of our web site, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
APPLICABLE LAW - OUR JURISDICTION
We control our web site from our offices within Canada. We make no representation that the Content on our web site is appropriate, legal or available for use in other locations. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Canadian export laws and regulations. Any claim relating to our web site, the services provided through our web site or the Content shall be governed by the internal laws of the province of Newfoundland, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Newfoundland, Canada.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our web site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our web site with or without notice. You agree that any termination of your access to our web site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our web site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our web site.
FUNDING
All funding and support for this web site is provided by Newfoundland Health Foods Corporation, a private commercial business.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and us and govern the use of our web site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. 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. 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 these 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 our web site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our agents with the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3) Identification of the URL or other specific location on our web site where the material that you claim is infringing your copyright interest is located;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on our web site can be reached as follows:
By mail:
Newfoundland Health Foods Corporation
35 Hallett Crescent
St. John’s, NL
A1B 4C4.
TEL: 709-364-7371
COPYRIGHT NOTICE Copyright © 2009 Newfoundland Health Foods Corporation, doing business as www.omega3-drho.com.
All rights reserved.
Any rights not expressly granted herein are reserved.
These terms of service were last updated on March 14, 2009
