Terms
TERMS AND CONDITIONS (“the Terms of Use”)
You should carefully read the Terms of Use before using Our Site. By
using Our Site or indicating your agreement by clicking the Accept
button putting a check in the Accept box, you agree to be bound by the
Terms of Use. This is a legally binding agreement. If you do not agree
with the Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in accordance with the
Terms of Use.
2. You agree to use Our Site in a manner consistent with any and all
applicable rules and regulations.
3. You accept that Our Site is provided on an “as is, as available” basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE
FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT
ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY
THE SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE
OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material on our Site
on one computer for your personal, non-commercial use only but you
may not in so doing remove or amend any trademark, copyright or
other proprietary notice.
8. Subject to the above, you may not modify, copy, distribute,
republish or upload any of the material on our Site without our prior
consent in writing. No intellectual property or other rights shall be
transferred to you.
9. To the extent that portions of our Site (such as “chat rooms” or
“bulletin boards”) provide users an opportunity to post and exchange
information, ideas and opinions (“Postings”), BE ADVISED THAT WE DO
NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR
APPEARANCE ON THIS WEB SITE, and Postings do not necessarily
reflect our views. To the fullest extent permitted by applicable laws, we
exclude all responsibility and liability for the Postings or for any losses
or expenses resulting from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE
ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND
CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING
WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS
CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER
LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR
SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME
TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR
DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
NECESSARY.
11. We reserve the right to monitor all materials posted on this bulletin
board (“Postings”) and to remove any which we consider in our
absolute discretion to be offensive or otherwise in breach of these
Terms of Use.
12. You hereby represent and warrant that you have all necessary
rights in and to all Postings you provide and all material they contain
and that such Postings shall not infringe any proprietary or other rights
of third parties.
13. Where we provide hypertext links to other sites we do so for
information purposes only, and such links are not endorsements by us
of any products or services in such sites and we accept no liability nor
make any endorsement or approval of the same.
14. The Terms of Use contain the entire understanding between us
with respect of Our Site and no representation, statement, inducement
oral or written, not contained herein shall bind either of us.
15. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not affect
the validity of any remaining portion and such remaining portion shall
remain in full force and effect as if the invalid portion of the Terms of
Use had been eliminated.
16. This Agreement is governed by the laws of the State of Indiana,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
www.lifetan.com and/or its affiliates’ intellectual property rights,
www.lifetan.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of Indiana,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Anderson Indiana. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Anderson Indiana, under the rules
of the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with
jurisdiction to do so.
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