This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide . You may not use this site for any other purpose, including any commercial purpose, without our Company's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
- Trademarks
The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.
- Copyrights
This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. If you hyper-link to a site, please be aware that you will leave our Company’s web site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.
Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Child Safety
Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent's express consent.
If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children's Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children's personal information.
Downloading Material
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
Disclaimer
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Florida and connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Sarasota County, Florida. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.
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1. Abundant Health Potential.
"Abundant Health Potential" LLC, hereby
grants you a limited, non-exclusive,
non-assignable and non-transferable
license to access and use the Abundant
Health Potential online service operated
by Abundant Health Potential on the
World Wide Web (“Abundant Health
Potential Web site”) as well as a manual
reproduction provided and expressly
conditioned upon your agreement that all
such access and use shall be governed by
all of the terms and conditions set
forth in this Agreement. You hereby
acknowledge and agree as follows:
2. The “Information” shall mean all areas and any subscription or any other software, product, service, data or information provided by Abundant Health Potential or one of its agents, or obtained through the interactive online service operated by Abundant Health Potential at the Abundant Health Potential Web site or provided to you via email, telephone conversations or in-person conversations, or any other means. The Information provided to you concerning, but not limited to, the maximizing of human health, optimizing true wellness and presenting real world experiences and insights on how other people have or are doing the same, provided via the internet, telephone lines and other communication means, is solely educational in nature and you are ultimately responsible for your use or non-use of the same. You accept full responsibility and consequences for your use or non-use of the information provided by Abundant Health Potential, its coaches or agents, via whatever means.
3. Ownership. Copyright 2009 Abundant Health Potential. All rights reserved. The Information is the valuable, exclusive property of Abundant Health Potential or its licensors, or Vendors, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international patent and copyright laws. Except as permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without Abundant Health Potential's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. Abundant Health Potential and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Abundant Health Potential. All other product names and company logos mentioned herein are trademarks of their respective owners.
4. Restrictions. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only the Information received or accessed through the Abundant Health Potential Web site pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in writing by Abundant Health Potential, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Abundant Health Potential Web site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. You agree to use the Abundant Health Potential Web site and Information for lawful purposes only. You agree not to post or transmit any information through the Abundant Health Potential Web site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
5. Submissions. If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, the “Data”), the Data shall be deemed, and shall remain, the sole and absolute property of Abundant Health Potential. Except as set forth in our Privacy Policy, none of the Data shall be subject to any obligation of confidence on the part of Abundant Health Potential and Abundant Health Potential shall not be liable for any use or disclosure of any Data. Without limitation of the foregoing, Abundant Health Potential shall exclusively own all now known or hereafter existing rights to the Data of every kind and nature throughout the universe and shall be entitled to unrestricted use, not inconsistent with our Privacy Policy, of the Data for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Data. Unless otherwise provided, you hereby grant to Abundant Health Potential and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Abundant Health Potential Web site or any e-mail sent by you to Abundant Health Potential (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed.
6. Linking. You may link to the Abundant Health Potential home page, but are not authorized to link to any other page on the Abundant Health Potential Web site without the prior express written consent of Abundant Health Potential . You may not use any of Abundant Health Potential's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Abundant Health Potential; 2) cause confusion, mistake, or deception; 3) dilute Abundant Health Potential's trademarks or service marks; or 4) otherwise violate state or federal law.
7. Fees and Payments. In consideration of your use of the Abundant Health Potential Web site and the license granted in this Agreement, you authorize Abundant Health Potential Inc. and/or its order fulfillment partner to charge to the credit card account designated by you during the purchase or request for service or products process any and all amounts owing pursuant to this Agreement. Any sales or use taxes will be payable by you, if applicable. A statement of the charges you incur shall be available to you upon request via email within a reasonable time after such debit has been made or is due and payable. Each statement shall reflect (a) the amount of the most recent debit; (b) the charges incurred by you during the preceding month; (c) any previously billed but not yet debited or paid amounts based on the rate schedule in effect at the time you used the Abundant Health Potential Web site; and (d) any sales or use taxes that are payable by you. Your use of the Abundant Health Potential Web site will be subject to any credit limits established by or for your credit card issuer. Further, you will pay a late charge equal to the lesser of one percent (1%) per month, or the maximum rate permitted by applicable law, on any and all payments owing under this Agreement that become thirty (30) days past due. The rate schedule and plans in effect at the time of executing this Agreement are displayed online during your initial use of the Abundant Health Potential Web site (or any portion thereof requiring additional fees); however, the fees reflected in the rate schedule are subject to change at any time. Any such amended rate schedule shall be deemed accepted by you if you use the Abundant Health Potential Web site (or any portion thereof requiring additional fees) in any manner after the effective date of such changes. Abundant Health Potential reserves the right to modify the terms and conditions of this Agreement and the Abundant Health Potential Web site. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Abundant Health Potential Web site. Abundant Health Potential may also add, withdraw or modify Information within the Abundant Health Potential Web site or services or products provided through the Abundant Health Potential Web site at any time in its sole discretion. All notices and statements described above shall be displayed online, and such display shall constitute effective notice under this Agreement on the day Abundant Health Potential places them on the Abundant Health Potential Web site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
8. Delays in Services. Neither Abundant Health Potential nor any of its licensors, licensees and Vendors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, date data processing failures, telephone interconnect problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. Abundant Health Potential shall have no responsibility to provide access to the Abundant Health Potential Web site while the interruption of the Abundant Health Potential Web site due to any such cause shall continue.
9. Termination. Termination or cancellation of this Agreement shall not affect any right or relief to which Abundant Health Potential may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Abundant Health Potential. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons; 1) immediately by Abundant Health Potential if you fail to make any payment when due or your automatic credit card debit is denied for any reason; 2) immediately by Abundant Health Potential for any unauthorized access or use by you, including, without limitation: (i) concurrent access of the Abundant Health Potential Web site with identical user identification numbers; (ii) permitting another person or entity to use your user identification number to access the Abundant Health Potential Web site; or (iii) any other access or use of the Abundant Health Potential Web site except as expressly provided in this Agreement; 3) immediately by Abundant Health Potential if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; 4) immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Abundant Health Potential Web site; 5) immediately, if you transmit or receive using the Abundant Health Potential Web site (or cause the same) in violation of Section 3 (Abundant Health Potential , at its sole discretion, shall determine whether any information transmitted or received violates this provision); or 6) immediately, if you violate any of the other terms and conditions of this Agreement.
10. Monitoring. You acknowledge that Abundant Health Potential reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the Abundant Health Potential Web site. Abundant Health Potential, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Abundant Health Potential deems inappropriate (such as that specified in Section 3) or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this computer system, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Abundant Health Potential Web site will be prosecuted to the full extent of the law.
11. Equipment and Operation. You shall provide and maintain all telephone and other equipment necessary to access the Abundant Health Potential Web site, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall reimburse Abundant Health Potential for any such costs incurred by Abundant Health Potential due to your use of the Abundant Health Potential Web site. Such reimbursement shall be billed to you and payable in accordance with Section 6 of this Agreement. You are responsible for operating your own equipment and for familiarity with the Information used with or available through the Abundant Health Potential Web site. Abundant Health Potential reserves the right to refuse assistance or to charge additional fees if you seek assistance from Abundant Health Potential with respect to such Information or any other matters not directly relating to the operation of the Abundant Health Potential Web site.
12. Limited Warranty. You acknowledge that the Vendor Information and links provided through the Abundant Health Potential Web site are compiled from sources which are beyond the control of Abundant Health Potential. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Abundant Health Potential and its licensors and Vendors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE ABUNDANT HEALTH POTENTIAL WEB SITE AND THE PRODUCTS AND SERVICES AVAILABLE TO YOU THROUGH THE ABUNDANT HEALTH POTENTIAL WEB SITE ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. ABUNDANT HEALTH POTENTIAL AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. FURTHER, ABUNDANT HEALTH POTENTIAL AND ITS LICENSORS AND VENDORS DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF THE USE OF, OR THE RESULTS OF THE USE OF, THE ABUNDANT HEALTH POTENTIAL WEB SITE, THE SERVICES OR PRODUCTS PROVIDED BY THE ABUNDANT HEALTH POTENTIAL WEB SITE, OR THE KNOW-HOW OR OTHER INFORMATION CONTAINED IN THE ABUNDANT HEALTH POTENTIAL WEB SITE OR THAT THE ABUNDANT HEALTH POTENTIAL WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, PRODUCTS AND/OR ANY STATEMENTS MADE ABOUT ANY OF THE SERVICES AND/OR PRODUCTS AVAILABLE THROUGH THE ABUNDANT HEALTH POTENTIAL WEB SITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (THE “FDA”) AND THAT THESE PRODUCTS AND/OR SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AND THEIR USE OR NON-USE BY YOU IS AT YOUR OWN RISK. THE ABUNDANT HEALTH POTENTIAL WEB SITE DOES NOT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT YOUR MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTHCARE PROVIDER. ABUNDANT HEALTH POTENTIAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU (AND NOT ABUNDANT HEALTH POTENTIAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Under this Agreement, you assume all risk of errors and/or omissions in the Abundant Health Potential Web site, including the transmission or translation of Information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Abundant Health Potential Web site, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under the Agreement. SOME PROVINCES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE AND STATE TO STATE.
13. Limitation of Liability. YOU AGREE THAT ABUNDANT HEALTH POTENTIAL AND ITS LICENSORS AND VENDORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT, INCLUDING BUT NOT LIMITED TO ABUNDANT HEALTH POTENTIAL’ S NEGLIGENCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ABUNDANT HEALTH POTENTIAL WEB SITE OR THE PRODUCTS OR SERVICES ACCESSED THROUGH THE ABUNDANT HEALTH POTENTIAL WEB SITE. IN NO EVENT SHALL ABUNDANT HEALTH POTENTIAL’ S TOTAL LIABILITY FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ABUNDANT HEALTH POTENTIAL WEB SITE, EVEN IF ABUNDANT HEALTH POTENTIAL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO ABUNDANT HEALTH POTENTIAL BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIMITED DAMAGES AND NOT AS A PENALTY EVEN IF ABUNDANT HEALTH POTENTIAL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 14 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Abundant Health Potential shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Information provided by or the know-how or other information contained within the Abundant Health Potential Web Site or the services or products provided through the Abundant Health Potential Web Site or for any delay or interruption in the transmission thereof to the site user, for any claim or loss arising therefrom or occasioned thereby. Abundant Health Potential LLC assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Abundant Health Potential shall not be liable for any damages for lost data, use, profits, savings or goodwill that results from use of or inability to use Information, services, products or software contained within the Abundant Health Potential Web Site. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. The actual product(s) sold or offered for sale by Abundant Health Potential may not be exactly as depicted in photograph on this Web Site.
14. Indemnification. YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ABUNDANT HEALTH POTENTIAL AND ITS LICENSORS AND VENDORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY ANY PERSONS ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE ABUNDANT HEALTH POTENTIAL WEB SITE, INCLUDING BUT NOT LIMITED TO, THE ACCESS TO AND USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH THE ABUNDANT HEALTH POTENTIAL WEB SITE.
15. Privacy. Your privacy is very important to Abundant Health Potential. We want you to be aware of our privacy policies so you will be as comfortable as possible when using our Health Assessments and other Internet based services. We urge you to carefully review our Privacy Practices Statement so you will be confident of our commitment to you and your privacy. For our Notice of Privacy Practices, please click here.
16. No Conflicting Terms. If there is any conflict between this Agreement and your purchase order, any help text, manuals or other documents, this Agreement shall govern, whether such order or other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of Abundant Health Potential.
17. Attorney's Fees. If Abundant Health Potential takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Abundant Health Potential shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
18. Governing Law; Limitations; Venue. This Agreement shall be governed by the laws of the State of Arizona, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Abundant Health Potential LLC Web site contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Phoenix, Arizona, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Phoenix, Arizona are an inconvenient forum.
19. Jurisdictional Issues. Unless otherwise specified, the materials in this Web site are presented solely for the purpose of promoting programs, services, and other products available in Canada and the United States, their territories, possessions and protectorates. This site is controlled and operated by Abundant Health Potential LLC from its office in Gilbert, Arizona. Abundant Health Potential LLC makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce this Agreement.
21. ENTIRE AGREEMENT. THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY REQUESTING AND/OR PURCHASING PRODUCTS AND/OR SERVICES THROUGH THE ABUNDANT HEALTH POTENTIAL WEB SITE, AND THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND ABUNDANT HEALTH POTENTIAL LLC.
22. All material and information presented by Abundant Health Potential LLC is intended to be used for educational purposes only. The statements made about products have not been evaluated by the United States Food and Drug Administration or the Canadian Health Protection Branch. The information on this site is not intended to treat, cure or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at Abundant Health Potential. Do not rely on information on this web site as a tool for self-diagnosis. You should not disregard medical advice, or delay seeking medical advice because of any of the Information you received from Abundant Health Potential. This information is not intended to imply that services or treatments described in the information are covered benefits under your plan. Please refer to your Membership Agreement, Certificate of Coverage, Benefit Summary, or other plan documents for specific information on your benefits coverage.
23. Abundant Health Potential, LLC may periodically review this Agreement, and make changes to it without prior notice. You are responsible for checking this Agreement from time to time to see if there have been any changes. Any clients that have provided us with an email address valid at the time of the change will be informed of any changes to this Agreement when applicable. Any changes become effective immediately, including for any then-existing clients. If you do not agree with the changes, this Agreement terminates, and you will no longer receive products or services from Abundant Health Potential, LLC. Continued use of this website, or use of any services offered by Abundant Health Potential, LLC, implies and constitutes your agreement to the new terms and conditions.
24. What you may receive from Abundant Health Potential, LLC is the combination of lifestyle and nutrition feedback and education, as well as vitamins/supplements that we suggest, based upon the information that you provided and the latest research available. WE STRONGLY RECOMMEND THAT YOU PRINT OUT THIS PAGE AND TAKE IT TO YOUR HEALTH CARE PROVIDER PRIOR TO FOLLOWING OUR ADVICE AND/OR TAKING THE NUTRITIONAL SUPPLEMENTS WE SUGGEST. Although every effort has been made to take into account your personal factors when suggesting specific lifestyle actions and nutritional supplements, your primary health care provider should be the professional who best knows you and your specific situation and associated needs and medical condition. EVEN CERTAIN NUTRITIONAL SUPPLEMENTS CAN HAVE A NEGATIVE EFFECT IF TAKEN IMPROPERLY- IN THE WRONG AMOUNTS- OR BY CERTAIN PERSONS. ALTHOUGH EXTRAORDINARY PRECAUTIONS ARE TAKEN WITHIN OUR SYSTEM TO ENSURE YOUR SAFETY, WE HAVE NO WAY OF ENSURING THAT THE ASSESSMENT ANSWERS AND INPUTS YOU HAVE PROVIDED ARE ACCURATE AND/OR COMPREHENSIVE, THUS, IT'S BEST TO ASSUME THAT ONLY YOUR PRIMARY CARE PROVIDER KNOWS YOUR MEDICAL HISTORY WELL ENOUGH TO MAKE A FINAL RECOMMENDATION CONCERNING SPECIFIC LIFESTYLE CHANGES AND NUTRITIONAL SUPPLEMENTS.
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