Terms & Conditions
PAID SUBSCRIPTION TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Insider's Health (IH) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.insidershealth.com/terms. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
IH provides users with access to a collection of resources through its network of properties (the "Service"), including access to the free IH website and access to Insiders Health (IH) premium content. IH offers a free Silver membership, and a paid Platinum or Gold Insiders Health subscription membership.
Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new IH properties, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that IH assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by joining through IH's registration page or subscribing to the IH premium content. You understand that access to the Service may involve third party fees (such as Internet service provider charges) and you agree that you are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
IH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
IH may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use IH after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
Insiders Health charges a small monthly fee for premium membership. Alternatively we offer a FREE membership with less benefits, but in order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. IH reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
In order to set up a Premium Insiders Health membership, you must provide IH with valid credit card information. By submitting such credit card information, you give IH permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form, including any activation fee and ongoing continuity payments. All Fees (other than renewal fees) will be charged at the time they are incurred (including shipping and handling charges).
Insiders Health Premium Membership
Sign up now and get all these great benefits:
- $10.00 in discount coupons each month for Nutricell.com where you will find the best health products available at great prices. (Discount of up to $10.00 per order) This benefit saves you $120 a year!
- In addition to the discount coupons you get an additional 20% off all purchases at Nutricell.com saving you hundreds of dollars a year.
- Free copies of our e-newsletter, Insiders News. This e-newsletter is packed with breaking news, natural cures and up to the minute health information that you can't afford to miss. Normally $49 a month, it's your free as a member.
- Unlimited access to our e-book library. We are constantly adding new health and wellness e-books to this ever-growing library and they are all yours FREE.
Our Free Membership benefits:
- Limited access to Insiders Health Content.
- Free Weekly E-Health Newsletter.
- Learn how to save 20% on all nutricell products and get a $10 nutricell gift certificate monthly.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process, you will select a member ID (username) and a password. You will provide IH with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your My Profile page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your IH account including, but not limited to, use of the account by any person authorized by you to use your member ID and password.
6. NON-TRANSFERABILITY OF MEMBERSHIP
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.
7. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that IH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
8. SPECIAL OFFERS / PRODUCT DISCLAIMER
From time to time IH may offer limited-time incentives that members may opt to receive as part of their membership. These incentives may include, but are not limited to books, special reports, free samples of vitamins or supplements, and discounts on various products and services.
By agreeing to these Terms & Conditions, you are also agreeing that you have read and understand the following:
a. I understand the statements regarding these products have not been evaluated by the Food and Drug Administration.
b. This product is not intended to diagnose, treat, cure or prevent any disease.
c. I understand the information on this website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
d. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor.
e. I also understand that this product is not intended or to be used to treat any type of medical condition such as obesity.
f. I understand these products are not intended for use by persons under 18 years of age.
g. I understand I should consult a physician before using any product.
h. I understand the information contained in the website is provided for informational purposes only and is not meant to substitute for the advice provided by a doctor or other health care professional.
i. I understand I should not use the information available on or through the website (including, but not limited to, information that may be provided on the website by health care or nutrition professionals employed by or contracting with IH) for diagnosing or treating a health problem or disease, or prescribing any medication.
IH may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IH has no control over such sites and resources, you acknowledge and agree that IH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. IH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, HEALTH DATA, OR OTHER INFORMATION CREATED BY IH OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE HEALTH DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF HEALTH ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY PRODUCT OR SERVICE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY IH AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
13. TRADEMARK AND INTELLECTUAL PROPERTY INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by IH or by other parties that have licensed their material to IH. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
Insider's Health, Insiders Health, and other logos and product and service names are trademarks of Insider's Health. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that IH is an information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. IH will enforce its intellectual property rights to the fullest extent of the law.
The failure of IH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group via Contact form
You agree to indemnify, defend and hold IH harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
18. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS
You agree that any article, video, natural cure, or letter sent by you to IH will become the property of IH once your hit the "Submit" button without compensation to you. IH reserves the right to:
* Delete your content at its discretion.
* Publish or not publish such letter, at its discretion.
* Retain your letter on its Website for perpetuity or until such time as it deems your letter no longer relevant to include on its Website.
* Utilize your content as it deems appropriate.
Any comments, materials, or content sent by you to IH regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you 1) Email that information to IH using the form on this web page http://www.insidershealth.com/contact_us and 2) Explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. IH shall have no obligation of any kind with respect to such Received Materials and IH will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, IH is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to IH for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
20. RESTRICTIONS ON USE
You may not use IH or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use IH solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
22. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on http://www.insidershealth.com constitute the entire agreement between you and IH and govern your use of the Service.
23. REFUSAL OR DISCONTINUANCE OF SERVICE
IH reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
24. CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts in California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
USER GENERATED CONTENT TERMS AND CONDITIONS
Insider's Health ("IH") does not prescreen all User Generated Content. IH retains the rights but not the responsibility to edit or remove any User Generated Content or terminate your account for any reason its sole discretion.
1. REGISTRATION INSTRUCTIONS
You must become a registered user ("Registrant") in order to post User Generated Content. You can register at http://www.insidershealth.com. Registrants must create a user ID and password ("Profile") in order to create and access accounts through which they can participate.
2. RULES FOR POSTING USER-GENERATED CONTENT
Be Relevant. Each forum is dedicated to a topic designed to help people share information and experiences. Stay on topic. Don’t talk about anything else off topic.
Be Constructive. Post only constructive comments and questions.
Be Courteous. Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
Be Private. Do not post personal information, including your email address, IM address, phone number or website. Do not solicit personally identifiable information from other Registrants or Website users.
Be Personal. The Forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
Be Yourself. Do not impersonate anyone else.
Be True. Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities;
Be Legal. Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the Website or services connected to the Website.
You must be at least 13 years of age to become a Registrant. If you are between 13 and 18 years old, you must have your guardian's permission to use or post on this website.
IH Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to IH a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.
Ownership. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate the rights of any third party rights of any kind. You warrant and represent that you own or control all rights in any User Generated Content that you post to any Forum.
Safeguard your Profile. Do not allow any third party to use your Profile to access the Website. You agree to notify IH immediately of any unauthorized use of their Profile or the Website. You agree that IH shall not be liable for any loss that results from the unauthorized use of your Profile, either with or without your knowledge.
General Use. You acknowledge and agree that IH does not have any obligation to review User Generated Content, that IH is not in any manner responsible for User Generated Content, that IH does not guarantee the accuracy, integrity or quality of User Generated Content, and that IH cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You also acknowledge that by providing you with the ability to access, view and/or post User Generated Content on the website, IH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of Registrants or users on the website.
The entire content included in this website, 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 IH. The collective work includes works that are licensed to IH. 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 website solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by IH in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
2. TRADEMARKS / INTELLECTUAL PROPERTY
All trademarks, service marks and trade names of IH used in the website (including but not limited to the IH name) are trademarks or registered trademarks of IH. They may not be used without our prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of IH and/or its licensors.
3. USER-GENERATED CONTENT
IH does not, and you agree that IH has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on our articles, videos, forums, natural cures, comments or other areas on this website) (collectively, "User Generated Content"), that IH is not in any manner responsible for User Generated Content, that IH does not guarantee the accuracy, integrity or quality of User Generated Content, and that IH cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, IH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of IH or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that IH has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, IH reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT IH IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING EXERCISE OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
4. USE OF INFORMATION SUBMITTED
You agree that IH is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the IH website), or contained in any communication you may send to IH or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
5. COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon IH actual knowledge of facts or circumstances from which infringing material or acts are evident. IH's copyright agent for notice of claims of copyright infringement can be reached as follows:
19 Central Ave.
Byfield, MA 01922
Customer Service Number: 1-888-280-9652
We suggest that you consult your legal advisor before filing a notice with IH's copyright agent. You should note that there can be penalties for false claims under the DMCA.
IH may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
6. THIRD-PARTY LINKS
You agree to indemnify, defend, and hold harmless IH, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
9. WARRANTY DISCLAIMER
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IH DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE 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.
IH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
10. LIMITATION OF LIABILITY
IH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF IH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website shall be resolved individually, without resort to any form of class action, and exclusively 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 website must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from IH. You agree that any notice, agreement, disclosure or other communication that IH sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. IH '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. IH may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the website. IH reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by IH without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The effective date for these Terms & Conditions is July 22, 2009