En Garde will collect a variety of personal and company information in the normal course of its business, such information including names, e-mail addresses, postal addresses and purchases of product made by users of this Site. En Garde will use this information for sales and support of its own products and services only. Your access to and use of this Site confirms your acknowledgement agreement that En Garde may collect such information about you and use such information to sell and support its own products and services. En Garde does not sell or distribute your personal or company information to any third party organizations.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“Site”) of En Garde Health Products, Inc. (“En Garde”). All users of this Site (“users”, “you” or “your”) agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site. Your access to and your use of this Site constitutes your acceptance of and compliance with these terms and conditions, and as such you will be deemed to have agreed to these terms and conditions. Also, please note that these terms and conditions may change from time to time and it is your responsibility to check for such updates.
Copyright 2004, En Garde Health Products, Inc. ALL RIGHTS RESERVED.
2. Grant of Limited License
As a user of the Site, you are granted permission and a limited license to:
(a) use (display or print) portions or extracts of the information of this Site for your own personal non-commercial use; or
(b) use (display or print) portions or extracts of the information of this Site for the purpose of placing an order with En Garde or purchasing En Garde products;
provided that (i) you do not modify the contents of the Site, and (ii) you will be fully responsible for any liability and consequences resulting from such use. Any other use of such information is strictly prohibited. None of the information or contents of this Site may be otherwise reproduced, republished, re-disseminated in any manner or form without the prior written consent of En Garde. You further agree not to change or delete any proprietary notices from information downloaded from the Site.
3. Restrictions on Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an En Garde or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
All trademarks, service marks and trade names of En Garde used in the Site (including but not limited to the En Garde name and logo) are trademarks or registered trademarks of En Garde Health Products, Inc.
Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of En Garde or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by En Garde or other entities to you.
5. Disclaimer and Limitations of Liability
THIS SITE AND THE CONTENTS, MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EN GARDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EN GARDE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EN GARDE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENTS AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME PROVINCES OR STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EN GARDE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER OR HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE OR THE PERFORMANCE OF THE PRODUCTS SOLD ON THIS SITE (EVEN IF EN GARDE HAS BEEN ADVISED OF SUCH DAMAGES), INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
EN GARDE DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE.
IN ADDITION TO THE FOREGOING THE FOLLOWING:
- WARNING: YOU ARE URGED TO CONSULT A PHYSICIAN OR HEALTHCARE PROFESSIONAL BEFORE CONSUMING A NUTRITIONAL SUPPLEMENT PRODUCT AND/OR ENGAGING IN OR MODIFYING YOUR EXERCISE REGIMEN OR DIETARY INTAKE.
- WARNING: NO INFORMATION ON THIS SITE REPRESENTS OR CONSTITUTES IN ANY MANNER WHATSOEVER MEDICAL ADVICE OR MEDICAL RECOMMENDATIONS, AND ALL OF THE INFORMATION ON THIS SITE AND YOUR USE OF THAT INFORMATION IS SUBJECT TO YOU CONSULTING WITH YOUR PHYSICIAN OR HEALTHCARE PROFESSIONAL.
- WARNING: ALL OF THE STATEMENTS ON THIS SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. EN GARDE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
YOU ARE DEEMED TO HAVE REVIEWED AND AGREED TO THE PROVISIONS OF THESE DISCLAIMERS AND THOSE ON THE DISCLAIMERS AND LIMITATIONS PAGE OF THIS SITE. PLEASE REVIEW THE DISCLAIMERS AND LIMITATIONS PAGE OF THIS SITE.
6. No Endorsement
The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.
7. Typographical Errors
In the event that a En Garde product is mistakenly listed at an incorrect price, En Garde reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. En Garde reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, En Garde shall issue a credit to your credit card account in the amount of the incorrect price.
8. No Solicitation
No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.
9. Confidentiality Warning
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. En Garde will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to En Garde through the Internet, or that expressly or implicitly authorize the En Garde to make, or for any errors or any changes made to any transmitted information.
10. Computer Viruses
While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the new viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
11. Conformance with Law
You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
All information submitted to En Garde via the Site shall be deemed and remain the property of En Garde and En Garde shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to En Garde through the Site or sent through e-mail. En Garde shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by En Garde or required by law.
You agree to indemnify, defend, and hold harmless En Garde, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including legal fees on a solicitor and client basis with the right to full indemnity, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
14. Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by En Garde without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer and Limitation of Liability, Indemnification, Miscellaneous and Choice of Law shall survive any termination.
En Garde may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to En Garde.
LAST UPDATED: JUNE 23, 2004