Website and Advertiser
Disclaimer
Copyright
and Trademarks
All Web site design, text, graphics, sound, software
and other content, and the selection and arrangement
thereof, are the property of Mens Health Network,
and are protected by United States and international
copyright law. All rights to such materials are
reserved to their respective copyright owners. Permission
is granted to electronically copy and to print in
hard copy portions of this Web site for the sole
purpose of placing an order with Mens Health Network
or using this Web site as a shopping vehicle. Any
other use of materials on this site, including without
limitation reproduction for purposes other than
noted above, modification, distribution, replication,
commercial or other exploitation, or creation of
derivative works, without the prior written permission
of Mens Health Network, is strictly prohibited.
Mens Health Network,
and all logos, page headers, custom graphics and
icons are service marks and/or trademarks of Mens
Health Network or affiliates. All other trademarks,
service marks, product names and company names or
logos that appear on this site are the property
of their respective owners.
Review of Materials
Posted on or Submitted to Site
Mens Health Network is not responsible for monitoring,
screening, policing or editing the information posted
or materials on, submitted to or transmitted through
the site. Mens Health Network does not and cannot
monitor all information or materials posted on,
submitted to or transmitted through the site. However,
Mens Health Network reserves the right to delete,
block and remove any information or materials that
Mens Health Network, in its sole discretion, deems
to be unlawful, infringing, defamatory, libelous,
abusive, threatening, obscene, offensive, fraudulent,
deceptive, inappropriate or otherwise unacceptable
to Mens Health Network. If notified of any such
information or materials on the site, Mens Health
Network may determine in its sole discretion whether
to remove such content from the site.
User Submissions
Any suggestions, ideas, comments or other similar
submissions by users shall be deemed the sole property
of Mens Health Network, which shall not be liable
for any use or disclosure, including without limitation
use for commercial purposes, of such submissions.
You agree to grant Mens Health Network a worldwide,
royalty-free, perpetual license, with the right
to reproduce, transmit, distribute, publicly display,
publicly perform, create derivative works of and
sublicense any materials or other information contained
in such submissions. You hereby waive any claim,
cause of action or other recourse that you might
have against Mens Health Network for any alleged
or actual infringement or misappropriation of any
intellectual property or other right in any such
submissions.
No Warranty; Disclaimer
Mens Health Network is providing this site and its
contents on an "as is" basis. Mens Health
Network and its officers, directors, employees,
suppliers, content providers and the like (together,
"affiliates") make no representations
or warranties of any kind, express or implied, with
respect to this site or its contents, including
without limitation the products, information or
services offered or sold on or through this site
or any other site to which this site links (each
a "Linked Site") and the uninterrupted
and error-free use of this site. Mens Health Network
and its affiliates expressly disclaim all such representations
and warranties, including without limitation all
warranties of merchantability, accuracy, timeliness,
completeness, fitness for a particular purpose and
non-infringement. Mens Health Network and its affiliates
do not warrant that the site or files available
on the site will be free from corrupted data, computer
viruses or similar destructive or contaminating
code. No oral or written statements by Mens Health
Network or its affiliates will create any warranty
not expressly set forth herein. Your use of this
site and any linked site is at your sole risk.
The products, information,
services and other content provided on and through
this site, including without limitation any products,
information, services and other content provided
on any Linked Site, are provided for informational
purposes only to facilitate discussions with a healthcare
professional regarding treatment. The information
provided on this site and Linked Sites, including
without limitation information relating to medical
and health conditions, products and treatments,
is often provided in summary or aggregate form.
It is not intended as a substitute for advice from
your physician or other healthcare professional
or any information contained on or in any product
label or packaging. Before buying or using any products,
information or services provided on or through this
site, including without limitation any products,
information or services provided on any Linked Site,
you should speak with a healthcare professional.
You should not use
the information on this site for diagnosis or treatment
of any health problem or for prescription of any
medication or other treatment. You should always
speak with your physician or other healthcare professional,
and carefully read all information provided by the
manufacturer of a product and on or in any product
label or packaging, before taking any medication
or nutritional, herbal or homeopathic supplement,
before starting any diet or exercise program or
before adopting any treatment for a health problem.
Each person is different, and the way you react
to a particular product may be significantly different
from the way other people react to such product.
Unless otherwise indicated
on this site, Mens Health Network does not endorse
or recommend any product or service offered, advertised
or sold on or through this site, including without
limitation any product or service offered, advertised
or sold on or through any Linked Site. Mens Health
Network is not responsible for any product or service
sold on or through this site or any claims of quality
or performance made on or through this site, including
any claims of quality or performance made on or
through any Linked Site. You are advised that other
sites on the Internet, including without limitation
Linked Sites and sites that link to this site, might
contain material or information that some people
may find offensive or inappropriate; or that is
inaccurate, untrue, misleading or deceptive; or
that is defamatory, libelous, infringing of others'
rights or otherwise unlawful. Mens Health Network
expressly disclaims any responsibility for the content,
legality, decency or accuracy of any information,
and for any products and services, that appear on
any Linked Site or any site that links to this site.
Price and availability
information on this site is subject to change without
notice.
Limitation of Liability
Mens Health Network and its affiliates shall not
under any circumstances be liable for any damages
of any kind arising out of, in connection with or
relating to the use of or inability to use this
site, including without limitation any liability
(i) as a publisher of information, (ii) as a reseller
of any products or services, (iii) for any defective
products, (iv) for any incorrect or inaccurate information,
(v) for any unauthorized access to or disclosure
of your transmissions or data, (vi) for statements
or conduct of any third party on the site, or (vii)
for any other matter relating to this site or any
linked site. This is a comprehensive limitation
of liability that applies to all damages of any
kind, including without limitation any direct, indirect,
special, incidental or consequential damages (including
without limitation damages for loss of business,
loss of profits, loss of good will, loss of use,
loss of data, cost of procuring substitute goods,
services or information, litigation or the like),
whether based on breach of contract, breach of warranty,
tort (including without limitation negligence),
product liability or otherwise, even if the user
advises of the possibility of such damages. The
limitations of liability set forth herein are fundamental
elements of the basis of the bargain between Mens
Health Network and the user. The products, information
and services offered on and through this site would
not be provided without such limitations. Because
the laws of some states may not allow for the exclusion
of certain damages, in such states liability is
limited to the fullest extent permitted by law.
Notwithstanding the
foregoing, the sole and entire maximum liability
of Mens Health Network and its affiliates for any
reason, and your sole and exclusive remedy for any
cause or claim whatsoever, shall be limited to the
amount paid by you for any product, information
or service purchased by you from Mens Health Network
on this site.
You agree to indemnify,
defend and hold harmless Mens Health Network and
its affiliates against all claims, demands, causes
of action, losses, expenses, damages and costs,
including without limitation any reasonable attorneys'
fees, resulting or arising from or relating to your
use of or conduct on the site, any activity related
to your account by you or any other person, any
material that you submit to, post on or transmit
through the site, your violation of these Terms
of Use, your infringement or violation of any rights
of another, or termination of your access to this
site.
All products and services
offered on or through this site are provided subject
to any applicable tariffs and any accompanying terms
and conditions.
Privacy and Child
Protection
Mens Health Network respects the privacy of its
users in accordance with the terms of Mens Health
Network Privacy and Child Protection Policy. Mens
Health Network reserves the right to monitor the
site and to disclose any information recorded or
posted on, submitted to or transmitted through the
site to the extent Mens Health Network, in its sole
discretion, deems such disclosure necessary or appropriate
(i) to comply with any law, regulation, subpoena
or government request, (ii) to operate the site,
or (iii) to protect the rights or property of Mens
Health Network or its affiliates.
Your Usage of Site;
Termination of Usage
You agree to maintain the security of your account
on the site, including the security of your password
and other confidential information relating to the
use of the site and your account on the site. You
agree to be responsible for all charges resulting
from the use of your account on the site, including
charges resulting from unauthorized use of your
account prior to your taking steps to prevent such
occurrence by changing your password and notifying
Mens Health Network.
You agree to use this
site only for lawful purposes, and that you are
responsible for your use of and communications on
the site. You agree not to post on or transmit through
this site any unlawful, infringing, threatening,
harassing, defamatory, vulgar, obscene, profane,
indecent, offensive, hateful or otherwise objectionable
material of any kind, including without limitation
any material that encourages criminal conduct or
conduct that would give rise to civil liability,
infringes others' intellectual property rights or
otherwise violates any applicable local, state,
national or international law. You agree not to
use this site in any manner that interferes with
its normal operation or with any other user's use
and enjoyment of the site. You agree not to reproduce,
modify, distribute, replicate, commercially exploit
or create derivative works of any portion of the
site or material thereon.
You further agree
that you will not access by any means except through
the interface provided by Mens Health Network for
access to the site. You agree that you will not
access this site from any territory where its contents
are illegal, and that you, and not Mens Health Network
and its affiliates, are responsible for compliance
with applicable local laws.
You agree that Mens
Health Network may terminate or suspend your access
to all or part of this site, without notice, for
any conduct that Mens Health Network, in its sole
discretion, believes is in violation of these Terms
of Use or any applicable law or is harmful to the
interests of another user, Mens Health Network or
its affiliates.
Usage by Minors
Because of the nature of the Internet, Mens Health
Network cannot prohibit minors from visiting this
site. Mens Health Network must rely on parents,
guardians and those responsible for supervising
children and teenagers to decide which materials
are appropriate for such children and teenagers
to view and/or purchase. Mens Health Network requires
that (i) all purchases on the site be made by adults
18 years of age or older, and (ii) all users who
provide personal information to Mens Health Network
be 18 years of age or older, or, if under 18, that
such information be accompanied by verifiable parental
consent as further set forth in our Privacy and
Child Protection Policy.
Applicable Law;
Jurisdiction
This agreement shall be governed by and construed
in accordance with the laws of the State of Missouri
without regard to choice of law rules. Each user
agrees to submit to personal jurisdiction in the
State of Missouri and further agrees that any cause
of action arising from or relating to the use of
this site or this agreement shall be brought exclusively
in a court in Missouri.
Severability; Interpretation
If any provision of this agreement shall be deemed
unlawful, void or for any reason unenforceable by
a court of competent jurisdiction, the validity
and enforceability of any remaining provisions shall
not be affected. When used in this agreement, the
term "including" shall be deemed to be
followed by the words "without limitation."
Entire Agreement;
Amendments
This agreement constitutes the entire and only agreement
between Mens Health Network and each user of this
site with respect to the subject matter of this
agreement and supercedes any and all prior or contemporaneous
agreements, representations, warranties and understandings,
written or oral, with respect to the subject matter
of this agreement. You agree to review this agreement
prior to your use of this site and your use of this
site shall be deemed acceptance of and assent to
this agreement by you. Mens Health Network may,
in its sole discretion, amend this Terms of Use
agreement from time to time.
Miscellaneous
The failure of Mens Health Network or its affiliates
to insist upon strict adherence to any term of this
agreement shall not constitute a waiver of such
term and shall not be considered a waiver or limit
that party's right thereafter to insist upon strict
adherence to that term or any other term of this
agreement. You agree that regardless of any statute
or law to the contrary, any claim of cause of action
arising from or relating to use of this site or
this agreement must be filed within one (1) year
after such claim or cause of action arose, or will
be forever barred. The "No Warranty; Disclaimer"
and "Limitation of Liability" provisions
of this agreement are for the benefit of Mens Health
Network and its affiliates as defined herein, and
each of these individuals or entities shall have
the right to assert and enforce these provisions
directly against you on its own behalf.
Privacy and Child
Protection Policy
Mens Health Network cares about the privacy of each
user of its Web site ("user" or "you"),
including those who trust us enough to place orders.
In order to protect the privacy of its users, Mens
Health Network has put in place the following policy:
Miscellaneous
Mens Health Network wants you to be aware that when
you click on links (including advertising banners),
which take you to third-party Web sites, you will
be subject to such third parties' privacy policies.
While we support the protection of privacy on the
Internet, Mens Health Network expressly disclaims
any and all liability for the actions of third parties,
including without limitation actions relating to
the use and/or disclosure of Personal Information
by third parties.
Our Privacy and Child
Protection Policy is subject to change without notice.
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