YOUR ACCEPTANCE OF THESE TERMS:
Each time that you access or use the SERVICE, you indicate your acceptance and agreement, and the acceptance and agreement of any person that you represent (and for purposes of the Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by the Agreement, and you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of the Agreement, or if you are not authorized to agree to and accept the Agreement, or you do not have the legal authority to agree to and accept the Agreement, then you may not use the SERVICE.
CHANGES TO THE AGREEMENT
: COMPANY may, in its sole discretion, alter, supplement or amend the Agreement from time to time as it relates to your future access or use of the SERVICE, for any reason, and without any prior notice to you or any other person. If you do not agree to the terms of the Agreement as existing at any given time, and/or if you do not agree with the terms of any given change, then you should not use the SERVICE.
: The SERVICE may be used only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be 18 years or older to use this SITE. The SERVICE may not be used by individuals who have had their access terminated, nor may it be used by individuals in jurisdictions where the SERVICE, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the SERVICE is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. COMPANY reserves the right to limit the availability of the SITE and SERVICE and/or the provision of any SERVICE, or feature described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion. VOID WHERE PROHIBITED.
MEDICAL ADVICE IS SPECIFICALLY NOT INTENDED
Specific medical questions should be directed to your personal physician who can address your medical concerns on an individual basis. While the information on the SITE was prepared to provide helpful information regarding topics related to general and specific health issues, the information contained in the SITE is made available with the express understanding that neither the COMPANY, its affiliates, any resources, healthcare professionals or experts referenced on the SITE, nor the SITE itself, are dispensing medical advice and we do not intend any of this information to be used for self-diagnosis or treatment. If you have any questions or concerns about your symptoms, any physical condition or your health in general, and before changing your diet, starting or stopping any treatment or acting upon information contained on this site, you should consult with your own physician or health care provider regarding your own, specific condition and health care circumstances. The COMPANY specifically disclaims responsibility for any health condition, suffering, damage or injury which may result, directly or indirectly, from any action taken or not taken based in whole or in part on, or any reliance by any person on, any content or information set forth on the SITE in any instance or in any specific circumstance, at any time.
PROCESS FOR REGISTRATION ON THE SITE TO RECEIVE OFFERED INFORMATION, MATERIALS AND PRODUCT SAMPLES. From time to time various articles, information, reports, recipes, materials, and product samples (“Offered Materials”) may be offered through the SITE and SERVICE. Receipt of any such Offered Materials is entirely voluntary, but to receive any such Offered Materials you may be required to register, providing certain PERSONAL INFORMATION such as, but not limited to, your name, resident address, phone number, and email address. In providing any such PERSONAL INFORMATION, you agree to provide only information which is accurate, current and complete.
TERMINATION OF THE AGREEMENT AND THE SERVICE:
COMPANY may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the SERVICE or any part of it at any time, for any reason, without any notice to you or to any other person. COMPANY may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your access to the SITE or SERVICE or bar you from any future use of the SERVICE; upon notice to you. In addition, if you breach any provision of the Agreement, then you may no longer use the SERVICE.
If the Agreement is terminated by you or by COMPANY for any reason, then the Agreement will continue to apply and be binding upon you regarding your prior use of the SERVICE.
DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY:
COMPANY strives to make your use of the SERVICE a useful and enjoyable experience. Nevertheless, COMPANY and its licensors, vendors, suppliers and SERVICE providers, do not accept any liability for your use of the SERVICE, and you understand and agree that you assume all risk of the use of the SITE and the SERVICE by you and by any person using an account registered to you. For that reason, the following provisions apply to your use of the SITE and SERVICE:
your use of the site and service, including any data, articles, content, information or offered materials submitted, downloaded or otherwise obtained through the site and service, is at your own risk. Any general health information presented on the site is not intended to be used for diagnostic or treatment purposes. Please consult your doctor or family member’s doctor for medical advice relating to your specific situation.
Use of the services requires a compatible device such as an ipad, ipod touch or iphone, laptop, desk top computer, or similar device, and internet access, and may require obtaining updates or upgrades from time to time. You are solely responsible for provisioning, configuring and maintaining all devices, equipment and software that you may use or allow others to use in connection with accessing the site or the service, including all ipad, tablet, internet service and related equipment, and software. Because use of the services involves hardware, software, and internet access, your ability to use the services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
The operation of the site and service may be affected by numerous factors beyond company’s control. The operation of the site and service may not be continuous, uninterrupted or entirely secure. Company (including its affiliates, licensors, vendors, suppliers and service providers), is not liable to you or to any other person for any loss or damage arising from or related to any data, articles, content, information or offered materials or any misprints or errors on the site.
The service is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by company to the fullest extent permitted by law. This disclaimer applies specifically to all site content, and no representation or warranty is made whatsoever respecting any data, articles, content, information or offered materials appearing on the site at any time. Note that these limitations may not apply to you. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.
Without limiting the generality of the foregoing, neither company nor its licensors, vendors, suppliers or service providers, make any representation, warranty or condition that:
- The site or service will meet your requirements or will be compatible with your ipad, tablet, computer, peripherals, and related equipment, photographic equipment and software;
- The site or service will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- The site or service, any data, articles, content, information or offered materials submitted, downloaded or otherwise obtained through the site and service, or any results that may be obtained through the use of such, will be accurate, complete, reliable, timely, or authentic;
- Company will monitor the site or any component thereof;
- The quality of the site or the service will meet your expectations;
- The use of the service, including the browsing and downloading of any content from the site, will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs;
- The use of the service, including the downloading and reproduction of content submitted to the service, will not infringe the intellectual property or other rights of any person
Company disclaims any and all liability regarding such matters to the fullest extent permitted by applicable law.
: neither company nor its affiliates, licensors, vendors, suppliers or service providers, will under any circumstances be liable to you or to any other person for any loss of use, loss of production, loss of opportunity, sales, income, or profits (anticipated or otherwise), loss of markets, economic loss, overhead or administrative expenses, or damage to reputation or goodwill, or for any special,incidental, indirect or consequential loss or damage or punitive damages (all of the above, “consequential damages”), whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the site or service by you, by any person using an account registered to you, or by any other person, and regardless of any negligence or other fault or wrongdoing by company, its affiliates, licensors, vendors, suppliers or service providers,or any other person for whom company may be responsible, and notwithstanding that company or any of the foregoing parties may have been advised of the possibility of any such consequential damages being incurred by you or any other person.
without limiting the forgoing, in no event will company, its affiliates, licensors, vendors, suppliers or service providers, ever be liable to you, to any person using an account registered to you, or to any other person, for any claims, actions, demands, proceedings, liabilities, obligations, injuries, damages, losses, or costs (collectively, “claims and damages”), whether in contract, tort or under any other theory of law or equity, regardless of any claimed negligence or other fault or wrongdoing, in excess of, and the entire liability of company and its affiliates, licensors, vendors, suppliers or service providers, and your exclusive remedy for any claims and damages stemming from your use of the site or service shall not exceed u.s. $2.00, or the amount you paid to company for the use of the site, whichever is less.
: you hereby release, remise and forever discharge company, its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the site and/or service.
: you agree to indemnify, defend and hold company, its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all claims, demands, actions, losses, injuries, damages, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim, action or demand arising out of, related to, or connected with the offered materials or use of the site and service by you. You agree that you will assist and cooperate as fully as is reasonably required by the indemnified parties in the defense of any such claim, action or demand.
Advice and information provided by company or its representatives, or through the service, whether oral or written, will not create any representation, warranty or condition, or vary or amend the agreement, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in the agreement survive the termination of the agreement.
You agree that COMPANY may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other SERVICES to you (if any) related to the SITE. COMPANY may use this information to improve its products or to provide SERVICES or technologies to you or enhance your experience with the SITE. You also consent to COMPANY’S elective monitoring, screening, tracking and policing your use of the SERVICE and the SITE, without any notice or any liability to you or any other person. COMPANY is not under any obligation to engage in such monitoring, screening or policing, but may do so as it considers appropriate in its sole discretion, without notice to you or any other person. You agree that COMPANY or its licensors, vendors, suppliers or SERVICE providers, may contact you directly by email or other contact information you provided through use of the SITE.
GOVERNING LAW AND DISPUTE RESOLUTION
: The Agreement, your use of the SITE and SERVICE, all activities or transactions conducted through the SITE and SERVICE, and all related matters are governed solely by the laws of the state of New Jersey, USA, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws. Any dispute between COMPANY and you or any other person arising from, in connection with or relating to the SITE, the SERVICE, the Agreement, any transaction through the SITE or any related matters is subject to the following dispute resolution provisions, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the courts within the state of New Jersey for such purposes.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the SITE, the SERVICE, the Agreement, or any related matters must be commenced within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You shall first contact us at firstname.lastname@example.org regarding any claim or controversy arising out of or relating to this Agreement, or any breach thereof, or the use of the SERVICES (except such claims or controversies for which injunctive relief is available), if such claim or controversy cannot be resolved by mediation within 30 days. Such unresolved claim or controversy shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org. You agree that, by accepting these Terms and Conditions of Use, you and COMPANY are each waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Unless you and COMPANY agree otherwise, any arbitration hearings will take place in the county in New Jersey of COMPANY’s headquarters location. If the claim or controversy is for $5,000 or less, COMPANY agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
OWNERSHIP AND USE OF THE SITE AND ITS CONTENT:
The SITE and all of its content, as it exists from time to time, including content, data, photographs, videos and images (other than those submitted by you), graphics, layout and design, website code, animation, icons, software, and other elements, are owned or licensed by COMPANY. The SITE and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the SITE is, under domestic and international copyright laws, a collective work owned by COMPANY. Your use of the SITE and its content does not transfer to you any ownership or other rights in the SITE or its content. You may download content for your own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact.
The trademarks, logos, characters and SERVICE marks (collectively the “Trademarks”) displayed on the SITE are registered or unregistered trademarks of COMPANY. Nothing contained in this SITE should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of COMPANY. Your use of the Trademarks and contents of the SITE, except as provided in this Agreement, is strictly prohibited.
The SITE and its content may not be used for any purpose not expressly permitted by the Agreement. In particular, except as expressly stated otherwise in the Agreement or the Acceptable Use Policy, the SERVICE and the content on the SITE may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of COMPANY. You specifically agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the SITE and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, or merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the SITE or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of COMPANY, its affiliates, and/or their licensors and a violation of the Agreement, and may subject you to civil and/or criminal liability under applicable laws.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material, images or content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material, image, or content hosted by the SITE infringes your copyright, then you (or your agent) may send us a notice requesting that the applicable material, image, or content be removed, or access to it blocked. Note that by submitting this notice, you acknowledge and agree that COMPANY may forward your notice and any related communications to any third party from which we may have sourced the allegedly infringing content.
Your infringement notice may be sent to email@example.com, and must include the following information:
PERSONAL INFORMATION SUBMISSIONS:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the SITE are covered by a single notification, a representative list of such works);
- identification of the material, image, or content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow COMPANY to locate the material on the SITE;
- the name, address, telephone number, and e-mail address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material, image, or content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
There can be penalties for making false claims under the DMCA.
As referenced above, all PERSONAL INFORMATION that you provide through the SERVICE must be true, accurate, current and complete. Because COMPANY will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, COMPANY or others may incur as a result of your submission of any false, incorrect or incomplete PERSONAL INFORMATION. Because we cannot guarantee that the SITE or our internal database or systems are entirely secure, you acknowledge that you are providing any such PERSONAL INFORMATION at your own risk.
ADVERTISEMENTS OR PROMOTIONS
: The SITE may display advertisements or promotions in connection with the SERVICE. The manner, mode and extent of the advertising or promotion will be determined by COMPANY in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person.
SITE LINKING AND LINKS
: You may not create links to or from the SITE. Any links to the SITE or its content without the express permission of COMPANY are strictly prohibited. Also, you may not use the COMPANY name or any of the Trademarks or otherwise indicate, suggest or imply that COMPANY endorses you or has a direct relationship with you without the COMPANY’s prior written consent.
This SITE may contain links to other websites. COMPANY is not responsible for the content of any of the websites or for on-going review of other websites. The inclusion of any link to the third party websites does not imply endorsement by COMPANY. Your linking to any other websites is at your own risk.
Notices or communications to COMPANY in connection with the Agreement must be in writing and must be submitted to COMPANY by email to firstname.lastname@example.org.
If any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions. COMPANY reserves the right to change, amend or supplement these terms and conditions, at any time and from time to time without any notice to you or to any other person.
No waiver, express or implied, by either party of any breach of or default under the Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. The Agreement, as amended from time to time by COMPANY, constitutes the entire agreement between you and COMPANY relating to your use of the SERVICE and supersedes all previous agreements, written, oral or otherwise, between you and COMPANY with respect to your use of the SITE and/or SERVICE.
The provisions of the Agreement will inure to the benefit of and be binding upon COMPANY and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of COMPANY, its licensors, vendors, suppliers or SERVICE providers (and intended third party beneficiaries); provided however that this Agreement is not binding upon and does not impose obligations on such licensors, vendors, suppliers or SERVICE providers or beneficiaries. You may not assign the Agreement or your rights and obligations under the Agreement without the express prior written consent of COMPANY, which may be withheld at COMPANY's sole discretion. COMPANY may assign the Agreement and its respective rights and obligations under the Agreement without your consent.
Any rights not expressly granted or disclaimed by the Agreement are expressly reserved to COMPANY.
Policy last updated: April, 2016
Dr. Schär Medical Nutrition GmbH
D-61191 Rosbach v.d. Höhe
Telefon: +49 (0) 1805-544 041
Telefax: +48 (0) 6424-303 109
Handelsregister Friedberg HRB 1869
Ust.-Ident.-Nr.: DE 192707040