Please read this Website Use Agreement (the “Agreement”) carefully. This Agreement is between you (also referred to herein as the “User”) and Natural Factors Nutritional Products Ltd. (“Natural Factors”) and governs your use of the WHOLE EARTH & SEA website (the “Site”), currently accessible at www.wholeearthsea.com, including the services that are provided through this Site (the “Services”). If you do not agree with any provision of this Agreement, you may not use this Site.
1. USE OF THIS SITE
1.1 Your access to and use of this Site is subject to the following terms and conditions and all applicable laws and regulations that apply to this Site and the Services. Your accessing and browsing of this Site constitutes your acceptance of these terms and conditions without reservation, limitation or qualification.
1.2 These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change will be effective immediately upon posting to this Site. Your continued access and/or use of this Site after a change has been posted on this Site constitutes your continuing acceptance of these terms and conditions without reservation, limitation or qualification.
1.3 You may freely browse this Site, but you may only download information from this Site, including any text, images, audio, and video (collectively, the “Information”) for your own non-commercial and personal use. You may not distribute, modify, transmit, reuse, repost, or use the Information for commercial purposes, without the prior written permission of Natural Factors. Subject to the terms of this Agreement, you may distribute and repost the Information in association with your own social media account.
1.4 You must retain and reproduce each and every copyright notice or any other proprietary rights notice contained in any Natural Factors information that you download from this Site. You may not distribute, modify, transmit, reuse, report, or use Information from the Site for public or commercial purposes without the prior written permission of Natural Factors. You should assume that Information you see, access or read on this Site (including, without limitation , all designs, page headers, button icons, graphics, images, text and arrangements thereof, as well as software used in this Site) is protected by copyright or other intellectual property laws unless otherwise explicitly noted and Information may not be used by you except as expressly provided under this Agreement or under applicable law. Natural Factors neither warrants nor represents that your use of Information displayed on this Site will not infringe rights of third parties not owned by or affiliated with Natural Factors.
1.5 With the exception of the foregoing limited permission under Section 1.3 herein, no license to or right of the Information, or any copyright, or any other property right of Natural Factors or of any other party is granted to you.
1.6 This Site may contain or reference trade-marks, patents, proprietary information, technologies, products, processes or other proprietary rights of Natural Factors and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of Natural Factors and/or other parties is granted to or conferred upon you.
1.7 The Information posted by the Site operator on this Site is believed to be accurate when posted, but it is not warranted or represented in any way to be so. Natural Factors information, including the Information, may contain technical inaccuracies or typographical errors. Natural Factors reserves the right to make changes, corrections and/or improvements to Natural Factors information, including the Information, and to the product and programs described in such information at any time without notice. Any use or reliance on such information is entirely at your own risk. Natural Factors assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, Natural Factors will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL NATURAL FACTORS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
2.1 The content of this Site is for informational purposes only. Information contained on this Site, and reference to resource material on this Site is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. Factors makes no warranty to you that any Information on or linked to this Site is complete and/or accurate, and Factors makes no warranty to you that there may not be a contrary view to any of the Information contained on this Site.
2.2 The Information contained in this Site, or obtained as a consequence of using this Site is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user of this Site should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of Information obtained from this Site. Reliance on any Information provided on this Site or provided by Natural Factors employees or others appearing on the Site is solely at your own risk.
2.3 This Site may contain content from third party sources. Natural Factors does not necessarily endorse any third party products, views or Information presented on this Site and such Information may not reflect the opinions, recommendations or practices of Natural Factors. Your reliance on any information provided through third party sources is solely at your own risk.
3. TRADE-MARKS AND COPYRIGHT
3.1 This Site makes use of trade-marks owned by Natural Factors or its affiliates including, but not limited to, the following registered trade-marks: WHOLE EARTH & SEATM, NATURAL FACTORSTM, NATURAL FACTORS FARMSTM, and ENVIROSIMPLEXTM. All rights in respect of all Natural Factors trade-marks (including those mentioned above) are reserved, and User obtains no rights in Natural Factors’ trade-marks (including those mentioned above) or any other intellectual property rights through their use of the Site.
3.2 Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark, logo, service mark or design displayed on this Site without the prior written permission of Natural Factors or any third party that may own any such item displayed on the Site. Your use of any of the trade-marks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in this Agreement.
4.1 Any communication or material you transmit to Natural Factors including through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (collectively referred to herein as “Submissions”), is and will be treated as royalty-free, non-confidential and non-proprietary information.
4.3 Any Submissions that you transmit or post constitutes your warranty that such content is not subject to any third party copyright or any other third party intellectual property rights and that you have full capacity and authority to make the Submissions.
4.4 You hereby agree to execute and deliver to Natural Factors on demand all further documents and assurances that Natural Factors may request in connection with the assignments, transfers, releases and waivers contemplated by this Agreement.
4.5 If the Site contains functionality that allows for discussions, chats, postings, transmission, bulletin boards, and the like, while Natural Factors may from time to time monitor or review such discussions, chats, postings, transmission, bulletin boards, and the like on the Site, Natural Factors is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
4.6 Natural Factors is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and Natural Factors will have the right (but not the obligation) to remove from any such forum or news group anything contained in the Submissions which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without limitation, copyrights and trade-marks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. Natural Factors will fully cooperate with any law enforcement authorities or court order requesting or directing Natural Factors to disclose the identity of anyone posting any such information or materials.
5. PERSONAL INFORMATION PRIVACY
5.2 Unless encrypted, information sent or received over the Internet is insecure and Natural Factors cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Natural Factors will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to Natural Factors through this Site.
6. ADVERTISING CONTENT
6.1 Any ads published on the Site are published in good faith without verification. Natural Factors reserves the right to refuse, classify, revise or censor any ads for any reason in our sole discretion.
6.2 The ads which may be posted on the Site may include inaccuracies or errors. We do not under any circumstances accept responsibility for the accuracy of any ads or messages in the Site, nor is any warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party’s rights of any kind. We do not control the Terms and Conditions of any contracts which may be offered to you by advertisers on this Site. We are not responsible for any loss or damage that might be incurred by you as a result of your use of this Site or any advertisers or other third parties linked to this Site. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or us and any advertisers on this Site.
6.3 We specifically disclaim any and all liability to you and advertisers which may appear on this Site of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on this Site.
6.4 You are advised to carefully review any ads and message details that may appear through this Site before entering into any agreement of any kind with, or before disclosing any personal information to the advertisers on this Site. If you are in doubt, you should obtain legal advice before proceeding.
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 Your use of and browsing of this Site are undertaken entirely at your own risk. Neither Natural Factors, nor any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of, or browsing of this Site or your downloading of any materials, data, text, images, video or audio from this Site.
7.2 Without limiting the generality of Section 7.1 above, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.
7.3 You hereby agree to indemnify and save Natural Factors, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation.
7.4 Your sole remedy for dissatisfaction with this Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using the Site, Site-related services or products, content, information or hyperlinked website.
8. LINKED SITES
8.2 Links to this Site are permitted only to the home page of this Site. You may not link to any other pages without the prior written consent of Natural Factors.
8.3 Framing of this Site by sites or site elements of parties not part of Natural Factors is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of Natural Factors is also prohibited.
9. GOVERNING LAW
9.1 Natural Factors controls this Site from within the Province of British Columbia, Canada. Regardless of your place of residence the location where you access this Site or any other factor, you hereby and irrevocably agree that this Agreement, your use of this Site and all related matters are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to its rules relating to conflict of laws. You also agree to submit to the exclusive jurisdiction of the Courts of British Columbia (Vancouver Registries) with respect to any dispute between you and Natural Factors arising from or relating to your use of this Site, this Agreement or any related matters.