Effective Date The terms & conditions contained herein are effective as of January 1, 2007. These Terms & Conditions of Use apply to all users of StMarieHealthProducts.com (”StMarieHealthProducts.com”). By using StMarieHealthProducts.com, you agree to all of these Terms & Conditions of Use. We may modify the Terms & Conditions of Use from time to time. Your use of StMarieHealthProducts.com after any update to the Terms & Conditions of Use has been posted on this website means you have accepted the modifications.
1. Eligibility to Use This Website You may use StMarieHealthProducts.com if you can form a legally binding contract. Children need the consent of a parent or guardian. If you are acting on behalf of an entity, such as a corporation, you certify that you are authorized to do so, and the term “you” and “your” as used herein shall refer both to you personally and to such entity. StMarieHealthProducts.com may at any time, with or without notice to you, terminate your right to use this Website, with or without good cause, and whether or not you have breached these Terms & Conditions of Use.
2. Your Use of Our Material You may use material from StMarieHealthProducts.com for your personal, non-commercial use only. You may copy only limited material from this site for your personal, non-commercial use and you must keep intact all copyright and other proprietary notices. You may not sell, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software without the prior written consent of StMarieHealthProducts.com or the owner of the copyrighted material, if not StMarieHealthProducts.com. In no event shall materials from this Website be stored in any information storage and retrieval system without prior written permission from StMarieHealthProducts.com.
3. Accuracy of Information on This Site We try to make the information on StMarieHealthProducts.com accurate and current but we do not guarantee it.
4. Your Privacy Your privacy is important to us. For more information, please review our current Privacy Policy. When you use our Website you are also agreeing to the terms and conditions of our Privacy Policy.
5. Confidentiality of Your Information Keeping your information confidential is important to StMarieHealthProducts.com. StMarieHealthProducts.com has taken special measures to protect information you submit. However, in using some features of the site, you will be communicating with StMarieHealthProducts.com or with other users of the site. Any communications in these public parts of the site should not be viewed as confidential. You should only consider that information is treated confidentially if you are communicating through our secure server. You are using our secure server when you purchase our services. Please see our Privacy Policy for more details. StMarieHealthProducts.com has the right, but not the obligation, in its sole discretion to review any transmissions transmitted using this Web site or StMarieHealthProducts.com’s server and to edit or delete any transmissions which violate any term of this Agreement. You hereby consent to StMarieHealthProducts.com’s collection and use of such transmissions in accordance with StMarieHealthProducts.com’s then current Privacy Policy and acknowledge that submitting transmissions to this Website, creates no confidential or fiduciary relationship between you and StMarieHealthProducts.com. By using this Website, you thereby assign all right, title and interest, including the copyright therein, in all transmissions and data to StMarieHealthProducts.com. Accordingly, StMarieHealthProducts.com shall own all intellectual property rights in the transmissions, and shall be entitled to the unrestricted use of the transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such transmissions to this Website, you irrevocably waive all “moral rights” in such transmissions.
6. Disclaimer of Warranties This Website and the information, forms and services provided by this Website are provided “as is” and “as available” without any express or implied warranty of any kind by StMarieHealthProducts.com. To the extent permitted by law, StMarieHealthProducts.com specifically disclaims all warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property and any implied warranties arising from course of dealing or course of performance. StMarieHealthProducts.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. In no event does StMarieHealthProducts.com guarantee the outcome or result of any insurance or legal matter, nor does StMarieHealthProducts.com warrant the quality of the services provided by anyone advertising on our Website. StMarieHealthProducts.com HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) StMarieHealthProducts.com DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) StMarieHealthProducts.com DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. UNDER NO CIRCUMSTANCE SHALL StMarieHealthProducts.com BE LIABLE FOR CONSEQUENTIAL OR INDIRECT DAMAGES. StMarieHealthProducts.com may periodically change the information contained on this Website. StMarieHealthProducts.com reserves the right to implement such changes, at any time without notice to you. Unless specifically indicated in writing to the contrary, no reference in this Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply StMarieHealthProducts.com’s endorsement or sponsorship thereof.
7. LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, StMarieHealthProducts.com, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, TRUSTEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES (AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND TRUSTEES) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) RELATING TO USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT, SERVICES OR PRODUCTS OBTAINED FROM OR THROUGH THIS WEBSITE, EVEN IF StMarieHealthProducts.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY OBLIGATIONS OR LIABILITY OF StMarieHealthProducts.com WITH RESPECT TO THE USAGE OF THIS WEBSITE, OR CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THIS WEBSITE, SHALL BE LIMITED TO THE PRICE PAID TO StMarieHealthProducts.com FOR SUCH USAGE, CONTENT, SERVICES OR PRODUCTS. YOU (AND IF YOU ARE ACTING ON BEHALF OF AN ENTITY, SUCH ENTITY) RELEASE StMarieHealthProducts.com, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, TRUSTEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES (AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND TRUSTEES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE RELATING TO YOUR USE OF THIS WEBSITE.
8. Indemnification You (and if you are acting on behalf of an entity, such entity) indemnify and hold harmless StMarieHealthProducts.com, its agents, employees, officers, directors, trustees, subsidiaries, affiliates and parent companies (and their respective agents, employees, officers, directors and trustees), from and against any and all liability, losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of any claim, suit, action or other proceeding brought by any third party relating to your use of this Website, including without limitation any claim, suit, action or other proceeding relating to (a) your breach of any representation, warranty or other provision of these Terms & Conditions of Use; or (b) any content or communication that you submit to or through this Website; (c) any insurance or legal claim made by you related to information sought through this Website; (d) your receipt of services from any lawyer, whether advertised on StMarieHealthProducts.com or not, or as a result of meeting such lawyer through advertisements on StMarieHealthProducts.com; or (e) your infringement of any intellectual property or other right of any person or entity.
9. Copyright Notice This site is owned and operated by StMarieHealthProducts.com. All material on this site is derived in whole or in part from material supplied by StMarieHealthProducts.com or its affiliates or from other sources, is owned by or licensed to the respective party providing it and is protected by international copyright and trademark laws and other proprietary rights, unless otherwise noted. No claim of copyright is made in any U.S. government publications or forms. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit, the information or content on this Website in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of StMarieHealthProducts.com.
10. Trademarks Various trademarks, service marks and trade names (the “Marks”) may be used or displayed on this site. The Marks are owned by StMarieHealthProducts.com or under license to StMarieHealthProducts.com, or StMarieHealthProducts.com otherwise has the lawful right to use such Marks. You may not use, reproduce or copy any such Marks without the prior written consent of StMarieHealthProducts.com or, when applicable, the trademark owner. All such use shall inure to the benefit of StMarieHealthProducts.com or the respective trademark owner.
11. Links to Other Sites StMarieHealthProducts.com may provide links to other websites. These links are provided for your convenience. Even if we have referred to or recommended these websites on our Website, we do not own or control these websites and are not responsible for the information, products or services you find through these links.
12. Linking to StMarieHealthProducts.com You are granted a limited, non-exclusive right to create a hyperlink to this Website, provided that the link does not portray StMarieHealthProducts.com or our content or services in a false, misleading or derogatory manner. We may revoke this limited right at any time, in our sole discretion. You may use our name to link to our Website. If you wish to use our logo, please contact us first to obtain permission in writing. Even if we have referred to or recommended websites linking to our site, we do not own or control these websites and are not responsible for the information or services you find through these websites. You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, (b) you give StMarieHealthProducts.com notice of such link by sending an e-mail to webmaster@StMarieHealthProducts.com and (c) you discontinue providing hot links to this Website if notified by StMarieHealthProducts.com.
13. Impermissible Activity You must not use this Website or the StMarieHealthProducts.com server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
14. Governing Law These Terms & Conditions of Use are governed by California law without giving effect to any principles of conflicts of laws. If any provision of these Terms & Conditions of Use is held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. You agree that any suit, action or proceeding arising out of or relating to these Terms & Conditions of Use or your use of this Website may be brought in California or any federal court sitting therein and you consent to the non-exclusive jurisdiction of such court and to service of process in any such suit being made upon you by mail at the address specified in your personal profile. You hereby waive any objection that you may now or hereafter have to the venue of any such suit or any such court or that such suit was brought in an inconvenient court.
15. Modifications to These Terms & Conditions of Use StMarieHealthProducts.com may, at any time, amend these Terms & Conditions of Use and modify, enhance or delete any databases, features and services available on our Website. The amended Terms & Conditions of Use will be available online and, except as otherwise provided herein, will be effective immediately upon posting. By acknowledging your acceptance of the amended Terms & Conditions of Use or by using StMarieHealthProducts.com after any amendment to these Terms & Conditions of Use, you agree to be bound by the Terms & Conditions of Use as amended. If at any time you disagree with the Terms & Conditions of Use, you may terminate your access to StMarieHealthProducts.com.
16. Waiver No waiver of any provision hereof shall be effective unless made in writing and signed by StMarieHealthProducts.com. The failure of StMarieHealthProducts.com to require the performance of any term or obligation of these Terms & Conditions of Use, or the waiver by StMarieHealthProducts.com of any breach of these Terms & Conditions of Use, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
17. Assignment These Terms & Conditions of Use shall be binding upon you and StMarieHealthProducts.com and their respective heirs, successors and assigns, provided that you may not assign or transfer your rights or obligations hereunder.
18. If You Do Not Agree IF THESE TERMS AND CONDITIONS OF USE ARE NOT ACCEPTABLE IN FULL, YOU MUST TERMINATE YOUR USE OF THIS SITE IMMEDIATELY.
19. Notification of Changes If we decide to change our privacy policy, we will post those changes on our Homepage, or provide a link to these changes on our Homepage, so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
