Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of American
Standard Nutraceuticals, Inc.. The collective work includes works that
are licensed to American Standard Nutraceuticals, Inc.. Copyright 2003,
American Standard Nutraceuticals, Inc. ALL RIGHTS RESERVED. Permission
is granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with American Standard
Nutraceuticals, Inc. or purchasing American Standard Nutraceuticals,
Inc. products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
American Standard Nutraceuticals, Inc. or to purchase American Standard
Nutraceuticals, Inc. products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by
American Standard Nutraceuticals, Inc.. You further agree not to change
or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service
marks and trade names of American Standard Nutraceuticals, Inc. used in
the site are trademarks or registered trademarks of American Standard
Nutraceuticals, Inc.
Warranty Disclaimer
This
site and the materials and products on this site are provided “as is”
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, American Standard
Nutraceuticals, Inc. disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. American
Standard Nutraceuticals, Inc. does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that
makes the site available are free of viruses or other harmful
components. American Standard Nutraceuticals, Inc. does not make any
warrantees or representations regarding the use of the materials in this
site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may
not apply to you.
Limitation of Liability
American
Standard Nutraceuticals, Inc. shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the materials on this site or the performance of the products, even
if American Standard Nutraceuticals, Inc. has been advised of the
possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a American Standard Nutraceuticals, Inc. product is
mistakenly listed at an incorrect price, American Standard
Nutraceuticals, Inc. reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. American Standard
Nutraceuticals, Inc. reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, American Standard Nutraceuticals, Inc.
shall issue a credit to your credit card account in the amount of the
incorrect price.
Term: Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by American Standard Nutraceuticals, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
American Standard
Nutraceuticals, Inc. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to American Standard Nutraceuticals, Inc..
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of American Standard
Nutraceuticals, Inc. products) shall be in the state or federal courts
located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of American Standard Nutraceuticals, Inc. products) must be
commenced within one (1) year after the claim or cause of action arises.
American Standard Nutraceuticals, Inc.’s failure to insist upon or
enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. American Standard
Nutraceuticals, Inc. may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a American Standard Nutraceuticals, Inc. or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
American
Standard Nutraceuticals, Inc. does not and cannot review all
communications and materials posted to or created by users accessing the
site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you with
the ability to view and distribute user-generated content on the site,
American Standard Nutraceuticals, Inc. is merely acting as a passive
conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
American Standard Nutraceuticals, Inc. reserves the right to block or
remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to American
Standard Nutraceuticals, Inc. in its sole discretion.
Indentification
You agree to indentify, defend, and hold harmless American Standard Nutraceuticals, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, American
Standard Nutraceuticals, Inc. may link to sites operated by third
parties. However, even if the third party is affiliated with American
Standard Nutraceuticals, Inc., American Standard Nutraceuticals, Inc.
has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of American Standard
Nutraceuticals, Inc.. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, American
Standard Nutraceuticals, Inc. seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any feedback on
not only its own site, but for sites it links to as well (including if a
specific link does not work).