INTERNET Web site USE AGREEMENT (“Site Agreement”) Private between the Parties. This Site Agreement supersedes any prior version. | ||
Each time You use the Web site or access any of the Web site computer files in any manner You knowingly and willingly signify Your consensual acceptance and agreement, and the consensual acceptance and agreement of all persons You represent, without limitation or qualification, to be bound by this Agreement as this Agreement then reads, and You represent and warrant that You have the legal authority to agree to and accept this Agreement on behalf of Yourself and all persons You represent. If You do not agree with each provision of this Agreement, or You are not authorized to agree to and accept this Agreement, You are prohibited from using the Web site in any manner, and, You are also prohibited from accessing, in any manner whatsoever, any computer files of the Web site. Word Usage: As used in this Site Agreement words and terms used in the singular form include the plural form, and, words and terms used in the plural form include the singular form. Definitions: To preclude any meaning otherwise, as used in this Site Agreement, the following words and terms have the meanings ascribed to them: The term “and” and “or” are terms of inclusion and not of exclusion and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Site Agreement. The term “any” is not limiting and means each and every and one or more. The term “You” means You, the individual reading this Site Agreement, and all individuals and persons You represent, jointly and severally, and all other individuals, entities, and devices that use the Web site or access any computer files of the Web site in any manner whatever . The term “You” also includes any and all individuals viewing, reading, listening to, printing, any information contained in the PIA irrespective of how the PIA is accessed. The term “individual” means a natural person. The term “natural person” means a living, breathing man or woman irrespective of the biological age of such man/woman and does not include artificial persons created or recognized by law as separate entities such as partnerships, corporations, trusts, estates, cooperatives, associations, government or governmental subdivisions or agencies, or other entities. The term “host” means the computer with a Web server that serves the pages for denaliway.com. The term “Web server” means a program that, using the client/server model and the World Wide Web's Hypertext Transfer Protocol (HTTP), serves the computer files that form Web pages to Web users whose computers contain HTTP clients that forward requests. The term “PIA” means “Private Information Area”; in a graphical user interface (GUI), a simulated file folder of denaliway.com named “PIA”; a discrete portion (named “PIA”) of the host drive which allows the Web site Owner to partition information into structures that make sense to the Web site Owner, and all simulated sub file folders there-under the said simulated file folder named “PIA”. The term “simulated file folder” means, in a graphical user interface (GUI), a simulated file folder that holds data, applications and other folders. Simulated file folders are discrete portions of the drive which allows the Web site Owner to partition information into structures that make sense to the Web site Owner. The term “first-hand” means experienced or observed personally; from the first or original source. The term “person” means a juristic person; any partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other such juristic persons. The term “juristic person” means an abstract, legal entity ens legis, such as a corporation, created by construct of law and considered as possessing certain legal rights and duties of a human being; an imaginary entity, which, on the basis of legal reasoning, is legally treated as a human being. The term “report” means to relate or tell about; a narrative description of events that may or may-not-be verified. The term “second-hand” means not experienced or observed personally; indirectly; provided by an individual other than the actual user. The term “personally” means without the intervention of another individual. The term “testimonial” is synonymous with the word “report”, meaning: to relate or tell about; a narrative description of events that may or may-not-be verified. The Web site is owned and maintained by the Web site Owner.
All Web site content, images, information and materials provided by the Web
site Owner in any medium whatsoever (collectively referred to as “Content
and Materials”) are protected by common-law copyright, and U.S. and international
copyright laws. The Web site Owner allows You to search for, view and use the
Content and Materials of the Web site only as permitted below. You may be able
to access additional Content and Materials of the Web site not available to
the general public by first reading, understanding, and agreeing to all terms
of any additional related-thereto agreement/s. By Your act of using the Web site in any manner You signify that You knowingly and willingly waive all defenses and unconditionally understand and consensually agree that: 1. You are unconditionally contractually bound to all terms and conditions of this Site Agreement; 2. None of the statements presented anywhere at the Web site have been evaluated by the Food and Drug Administration; 3. None of the statements in any document printed from any file of the Web site have been evaluated by the Food and Drug Administration; 4. None of the products referenced anywhere at the Web site, nor in any document printed from any file of the Web site, nor in file, nor in any audio file of the Web site, are intended nor infer to diagnose, treat, mitigate, cure, or prevent any disease; 5. None of the statements made anywhere at the Web site, nor in any document printed from any file of the Web site, nor in any audio recorded from the Web site, diagnoses, treats, mitigates, cures, or prevents any disease, nor infers to diagnose, treat, mitigate, cure, or prevent any disease; 6. No medical advice is given anywhere at the Web site, nor in any document printed from any file of the Web site, nor in any audio recorded from the Web site; 7. No medical claims whatsoever are made nor inferred at the Web site, nor in any document printed from any file of the Web site, nor in any audio recorded from the Web site; 8. All information provided on the Web site has been published and provided for informational purposes only, and that the content of the Web site is provided solely for Your personal use, and that all terms of this Site Agreement apply to any and all information printed, copied, recorded, or obtained from the Web site in any manner. 9. Any and all statements made at the Web site pertaining to the properties and functions of nutritional supplements are for informational and educational purposes only, and that any and all such statements made anywhere at the Web site or in any audio recorded from the Web site, have not been evaluated by the Food and Drug Administration, and that i) every individual is different, ii) not everyone will experience the same results, iii) results may and often do vary, and iv) that some people may not experience any results at all; 10. You agree that the effective date and time of this Site Agreement is each date and time You use the Web site or access any of the Web site computer files in any manner; 11. The Web site Owner disclaims any responsibility for the accuracy of the content of the Web site and the Web site's materials, and that You accept 100-percent responsibility for viewing, listening-to, reading, using, relying, upon any and all information presented at the Web site; 12. You assume 100-percent responsibility for any damage or harm caused to Your computer or computer-software by interacting with the Web site and the Web sites’ contents; 13. Any and all information at the Web site is subject to change without notice, and that no commitment is made by the Web site Owner to update any information at the Web site; 14. The Web site Owner makes no representations or warranties with regard to the accuracy or completeness of any of the information at the Web site; 15. No relationship whatsoever between You and the Web site Owner is created by Your use of the Web site in any manner, and that the Web site Owner may deny You access to this web site at any time for any reason whatever; 16. In addition to any other restrictions set forth in this Site Agreement, You agree not to: (1) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web site, any data or content found on or accessed through the Web site, or any other information at the Web site without obtaining prior express written consent of Web site Owner; (2) obtain or attempt to obtain through any means any materials or information on the Web site that have not been intentionally made publicly available either by their public display on the Web site or through their accessibility by a visible link on the Web site; (3) violate the security of the Web site or attempt to gain unauthorized access to the Web site, data, materials, information, computer systems or networks connected to any server of the Web site, through hacking, password mining or any other means; (4) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on or through the Web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web site; and (5) take or attempt any action that, in the sole discretion of the Web site Owner, imposes or may impose an unreasonable or disproportionately large load or burden on the Web site or the infrastructure of the Web site. 17. As a convenience, the Web site may link to other Web sites that may be of interest to You, but are not under the Web site Owner's control. Linking to such linked Web sites does not imply endorsement of such linked Web site by the Web site Owner, nor by the owner of such linked Web site, and the Web site Owner shall not be responsible in any manner for the availability of or the content contained in any such linked Web site. 18. The Content and Materials of the Web site may not be used as a trademark or service mark, for any unlawful or pornographic use, to defame any person, or to infringe upon any intellectual property rights of any person/entity. Unauthorized use of the Content and Materials of the Web site constitutes common-law copyright infringement and shall entitle the Web site Owner to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all user and/or beneficiaries of such said unlawful use. 19. Waiving all rights, You hereby personally, unconditionally agree to indemnify, defend and hold the Web site Owner and, if any exist, all of the Web site Owner's officers, trustees, members, agents, employees, volunteers, information providers, affiliates, licensors, licensees, successors and assigns (collectively the “Indemnified Parties”) harmless from and against any and all complaints, legal claims, legal actions, arbitrations, liability, and costs (including attorneys' and other professional fees) incurred by such Indemnified Parties in connection with any and all claims arising out of any breach by You of this Agreement or the foregoing representations, warranties, covenants. You shall cooperate with Owner as fully as reasonably required in the defense by Owner of any such claim. The Web site Owner reserves the right, at its own expense and sole discretion, to assume defense and control of any matter otherwise subject to indemnification by You and You shall not in any manner settle any matter without obtaining prior written consent of the Web site Owner. 20. THE Web site OWNER PROVIDES TO YOU THE Web site AND ITS CONTENT AND MATERIALS ON AN “AS IS” BASIS. THE Web site OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE Web site AND THE CONTENT AND MATERIALS, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS UNDER THIS SITE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 21. THE Web site OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO ANY USE OF ANY CONTENT AND MATERIALS OF THE Web site. 22. Any dispute regarding this Site Agreement shall be governed by New Jersey law and applicable United States Federal law, as may be amended. The parties to this Site Agreement agree to accept the exclusive jurisdiction of the state and federal courts located in New Jersey. No action nor inaction of the Web site Owner may be construed as a waiver or amendment of this Site Agreement, unless such action or inaction is expressed in writing and signed by the Web site Owner. 23. You have read all terms of this Site Agreement and completely understand all such terms and agree to be unconditionally bound by all such terms and conditions. This Site Agreement constitutes the entire Site Agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications into this Site Agreement. This Site Agreement shall not be modified in any manner except solely by the Web site Owner. If any provision of this Site Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such offending provision shall immediately thereupon such finding be deemed to be modified to the minimal extent necessary to bring such offending provision within the scope of validity and enforceability. If such offending provision can not be so modified such offending provision shall immediately thereupon such determination be stricken and the remaining provisions of this Site Agreement shall remain in full force and effect according to this Site Agreement's terms. The parties of this Site Agreement intend that the provisions of this Site Agreement be enforced to the fullest extent permitted by applicable law. This Site Agreement shall inure to the benefit of and be binding upon the parties, their successors and assigns, except that You many not assign or transfer this Site Agreement without the Web site Owner's prior written consent. Your obligations regarding privacy, confidentiality, indemnification, security and compliance with state and federal laws shall survive the termination of this Site Agreement. Web site PRIVACY POLICY The Web site Owner understands and respects Your concerns about the privacy of any information You supply to the Web site Owner while at the Web site. The Web site Owner believes that knowledge is the key to monitoring and protecting how Your information is used on the Internet. This statement sets forth the Web site Owner’s Web site Privacy Policy and describes the practices followed by the Web site Owner with respect to all visitors to the Web site. These practices may be changed from time to time as provided below, so You should check this Privacy Policy frequently for any such changes, as Your continued use of the Web site shall constitute acceptance of such modifications to the Privacy Policy. The Web site Owner's use of information previously gathered or now obtained is subject to the Privacy Policy in effect at the time of such use. The Web site Owner adheres to the Safe Harbor program developed by the US Department of Commerce and the European Union. | ||