Terms and Conditions of Use
(Effective as of September 1, 2006)
YOUR ACCESS AND USE OF THE WWW.YOURLIFEVITAMINS.COM WEBSITE (“THIS WEBSITE”), WHICH IS OPERATED BY LEINER HEALTH PRODUCTS, LLC (“LEINER”, “US”, “OUR” OR “WE”), IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS WEBSITE OR THE CONTENT OR SERVICES HEREON.
1. Acceptance of Terms of Use and Amendments.
In order to
use this Website, you must be at least eighteen (18) years of age or older and
otherwise have the legal capacity to accept these Terms of Use. If you do not
have the legal capacity to accept these Terms of Use and are over the age of
thirteen (13), you may use this Website only with the permission of a parent or
legal guardian who has read and agreed to these Terms of Use. We will notify you
of any changes to these Terms of Use by posting a revised version on this
Website and your subsequent use of this Website shall be subject to such revised
terms.
2. Jurisdiction.
This Website is intended solely for use
by persons residing within the
3. Our Service.
You agree that we exclusively reserve the
right and may, at any time and without notice and any liability to you, modify
or discontinue this Website and/or its content or services or delete the data
(including registration information) you provide us from our servers, whether
temporarily or permanently. We shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy, or improper delivery of any
content, service or information on this Website.
4. Health Content, Other Information and Services.
The
health content and other information and services contained on this Website are
provided for educational purposes only and are not meant to substitute for the
advice provided by your doctor, nutritionist, dietician or other health care
professional. As such, his Website does not provide medical, nutritional,
dietary or other professional advice. You should not use the information
available on or through this Website (including, but not limited to, educational
information that may be provided on or through this Website by nutrition or
other health care professionals employed by or contracting with this Website)
for diagnosing or treating a health problem or disease, or prescribing any
medication. Please consult your doctor, nutritionist, dietitian or other
appropriate health care professional regarding your specific health care needs.
Finally, please be aware that 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. You should
carefully read all product packaging prior to use.
5. Registration and Password.
You are responsible for
maintaining the confidentiality of your password and shall be responsible for
all activity performed using your registration and/or login, whether authorized
or unauthorized by you. You agree to immediately notify us of any unauthorized
use of your registration, user account, or password.
6. Privacy Policy.
Registration data and other personally
identifiable information that we may collect from you is subject to the terms of
our Privacy Policy, which is incorporated herein by this reference.
7. Your Conduct.
You explicitly agree, in using this
Website or any service hereon, that you shall not: (a) provide any content or
perform any conduct that may be unlawful, illegal, threatening, harmful,
abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does interfere or
interrupt this Website or any service provided hereon, infected with a virus or
other destructive or deleterious programming routine, give rise to civil or
criminal liability, or which may violate an applicable local, national or
international law; (b) provide false email addresses or other false or
misleading information or impersonate or misrepresent your association with any
person or entity, or forge or otherwise seek to conceal or misrepresent the
origin of any content provided by you; (c) collect or harvest any data about
other users; (d) provide or use this Website and any content or service hereon
in any commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized advertising
without our prior written consent; or (e) provide any content that may give rise
to our civil or criminal liability or which may constitute or be considered a
violation of any local, national or international law, including but not limited
to laws relating to copyright, trademark, patent, or trade secrets.
8. Submission of Information or Content on this Web
Site.
You agree to provide true, accurate, current and complete
information about yourself if and when you elect to provide personal information
to us. You also agree to maintain and promptly update any such information in
order to keep it accurate. Other than personally identifiable information, which
is addressed under our Privacy Policy, any and all comments, data, questions,
suggestions, ideas, content, graphics, or other information or materials that
you transmit or post to this Website becomes and shall remain the sole property
of Leiner and may be used without your or any third party’s consent by Leiner
anywhere, anytime and for any reason whatsoever without compensation to you or
any third party. Except as may be provided in the Privacy Policy, any
information or materials submitted to this Website will be treated as
non-confidential and non-proprietary, and we will not have any obligation to use
or evaluate any information we receive from you.
9. Separate or Additional Terms.
Notwithstanding anything
contained in the foregoing paragraph, certain content and/or services on this
Website may be subject to additional terms or conditions of use which are stated
either elsewhere on this Website or in such content. You agree to comply with
such terms and conditions with respect to your use of such content and/or
services and agree that such additional terms are incorporated herein by this
reference.
10. Links and Third Party Materials.
This Website
provides links to other websites and third party content, goods, services,
advertising and materials (altogether, “Third Party Links and Materials”). These
Third Party Links and Materials are for your convenience only and are not under
our control. You acknowledge and agree that we are not responsible for the
availability or quality of such Third Part Links and Materials. You agree that
your access or use of such Third Party Links and Materials shall be AT YOUR OWN
RISK. More specifically, you shall be solely responsible and liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on any such Third Party Links and
Materials.
11. Indemnification.
You agree that you shall be solely
responsible for any and all liabilities arising from: (i) your failure to comply
with these Terms of Use; (ii) your use of this Website, and/or (iii) any
authorized disclosures made with your permission (including, without limitation,
your authorization that Leiner disclose your personal information and other
information collected as set forth in our Privacy Policy). You agree to hold
Leiner and Leiner’s directors, officers, employees, agents, attorneys,
subsidiaries, affiliates, independent contractors, advertisers, partners,
co-branders and sublicensees and each of their respective successors and assigns
harmless from all damages, costs, expenses and other liabilities including, but
not limited to, attorneys’ fees and expenses relating to any claim arising out
or resulting from: (i) your access to this Website and the content thereon, (ii)
your violation of these Terms of Use, the Privacy Policy, or any other violation
of the rights of another person or party; or (iii) your improper authorization
for Leiner to collect, use or disclose any data or content provided by you.
12. Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED HEREON IS
PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND “AT YOUR OWN RISK”. LEINER, ITS
EMPLOYEES, AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION TO THE FOREGOING, LEINER, ITS EMPLOYEES,
AFFILIATES LICENSORS AND THIRD PARTY PROVIDERS MAKE NO WARRANTY, EXPRESS OR
IMPLIED, THAT ANY PART OF THIS WEBSITE, CONTENT OR ANY SERVICE HEREON WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURED, ACCURATE, RELIABLE, OF
ANY QUALITY, OR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR EMPLOYEES, AFFILIATES,
LICENSORS NOR THIRD PARTY PROVIDERS PROVIDE PROFESSIONAL ADVICE OF ANY KIND AND
THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND
WITHOUT OUR LIABILITY OF ANY KIND. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS
OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU ONLY AS IT
RELATES TO IMPLIED WARRANTIES.
13. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT IN NO EVENT SHALL LEINER, ITS EMPLOYEES, AFFILIATES, LICENSORS OR
THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, SERVICE, PERSONAL INJURY (INCLUDING DEATH)
OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY
TO USE THIS WEBSITE OR ANY CONTENT OR SERVICE HEREON, (II) THE COST TO OBTAIN
SUBSTITUTE GOODS, AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THIS WEBSITE OR ANY CONTENT OR SERVICE HEREON, (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THIS WEBSITE OR ANY CONTENT OR SERVICE HEREON, OR (V) ANY OTHER
MATTER RELATING TO THIS WEBSITE OR ANY CONTENT OR SERVICE HEREON. THE FOREGOING
SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF LEINER, ITS
EMPLOYEES, AFFILIATES, LICENSORS OR THIRD PARTY PROVIDERS AND REGARDLESS OF
WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT,
OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Our Intellectual Property Rights.
The contents of
this Website is owned by us and our licensors You acknowledge and agree that all
content, including but not limited to text, health information, software, music,
sound, photographs, graphics, video, or other material contained in
advertisements or information, logos, trademarks and service marks presented to
you on this Website are protected by U.S. and international copyright, patent,
trademark and other intellectual property laws. We authorize you to view,
download and print materials at this Website only for your personal,
non-commercial use, provided you retain all copyright and proprietary notices
contained in the original materials on any copies of the materials. You may not
modify the materials on this Website in any way or reproduce in material
quantities or publicly display, perform, distribute, frame, transmit, create
derivative works of, or otherwise use them for any public or commercial purpose.
15. Notice and Procedure for Making Claims of Copyright or
Infringement.
We respect the intellectual property of others, and we
ask you to do the same. We may, in appropriate circumstances and at our
discretion, disable and/or terminate the accounts of registered users who may be
repeat infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide our Copyright Agent the following
information:
(i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on this Website;
(iv) your address, telephone number, and email address;
(v) 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 applicable law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Leiner Health Products,
LLC
Main Tel: (310)
835-8400
Email: info @ myodi.. com
16. Applicable Law.
You agree that these Terms of Use and
any dispute arising out of your use of this Website or our products or services
shall be governed by and construed in accordance with the laws of the State of
17. Assignment.
You may not assign or otherwise transfer
in any way any of the rights and obligations arising out of these Terms of Use
without the prior written consent of us, which consent may be withheld at our
sole and absolute discretion. We may assign these Terms of Use in whole or in
part at any time with or without notice to you.
18. Invalidity and Waiver.
In the event that any clause
is deemed invalid or unenforceable or these Term of Use conflict with any law
under which any provision may be held invalid by a court with jurisdiction over
the parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the remainder
of these Terms of Use will remain valid and intact. The failure of either party
to assert any right under these Terms of Use shall not be considered a waiver of
any that party’s right and that right will remain in full force and effect. You
agree that without regard to any statute or contrary law that any claim or cause
arising out of this Website or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever barred.
19. Entire Agreement.
These Terms of Use and our Privacy
Policy constitute the entire agreement between you and Leiner with respect to
the subject matter hereof and supersede all prior agreements, understandings,
negotiations and discussions, whether oral or written.
20. Contact Us.
If you have questions, comments or
concerns regarding these Terms of Use, the Privacy Policy or this Website,
please feel free to contact us at:
Leiner Health Products, LLC
Main Tel: (310)
835-8400
Email: info @ myodi. .com
