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(Effective and Last Modified on June 19, 2006)
INTRODUCTION Pharmavite® LLC., maker of SOYJOY®, Nature Made®, Nature's Resource® products, thanks you for visiting our site. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS PHARMAVITE® LLC WEB SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. CHANGES TO TERMS AND CONDITIONS WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE The information contained in this site is provided for informational purposes only and is intended to provide users with a general understanding of the health benefits of this product. The Information should not be considered complete and does not cover all health issues. Pharmavite® LLC does not recommend the self-management of health problems nor does it endorse any particular type of medical treatment. You should not conclude by virtue of something you have read on this site that you do not need to consult a health care professional. Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this site. The Information is not a substitute for professional medical advice and nothing contained on this site is intended to be instructional for medical diagnosis or treatment. THIS SITE IS INTENDED FOR ADULTS You should be aware that this site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By using this site, you acknowledge that you are 18 years or older. BACK TO TOP RESTRICTIONS ON USE OF MATERIALS All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of Pharmavite® LLC or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Pharmavite® LLC or its affiliates and/or third party licensors. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Pharmavite® LLC or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. No other rights or licenses, whether express or implied, arising from estoppel or otherwise, are conveyed or intended by these Terms and Conditions. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third party content, such as Reuters content (see discussion below under the heading "Third Party Content Providers"), You may not link any other website to this website, nor reference hypertext documents on this website from another website or document including e-mail. Pharmavite® LLC reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of Pharmavite® LLC or the respective owner of the trade mark. LIMITATION OF LIABILITY; DISCLAIMER The use of this site and the Information is at your own risk. When using this site, information will be transmitted over a medium over which Pharmavite® LLC has no control or jurisdiction. Therefore, Pharmavite® LLC does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this site. This site and the Information given through this site are provided without charge and are provided on an "As Is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, PHARMAVITE® LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENCEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNATIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE. BACK TO TOP INDEMNIFICATION You agree to indemnify, defend and hold Pharmavite® LLC and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this site or any web site to which this site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. JURISDICTIONAL ISSUES Unless otherwise specified, the Information is presented solely for, and any coupons, checks, promotions and programs are offered only to, residents of the United States of America, the US Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this site is appropriate or available for use in any particular location. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. ARBITRATION Disputes regarding transactions effected on this site shall be submitted to Pharmavite® LLC's consumer affairs department, Attention: Supervisor (see "Contact Information" below), within thirty days of the event giving rise to the dispute. In the event of an error by Pharmavite® LLC with respect to the My Wellness Rewards program on www.naturemade.com, your sole remedy shall be a credit of Rewards points to your account. In the event that any such disputes arise, the log of transactions maintained by Pharmavite® LLC will be the definitive record as to whether or not a transaction took place. You agree that any contest to a decision by Pharmavite® LLC hereunder will be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and you hereby expressly waive trail by jury. The arbitration shall be conducted in Los Angeles County, CA, U.S.A. in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules. You will bear 50% of the cost of any arbitration and you alone shall be response for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators shall not have authority to award punitive or exemplary damages. GENERAL PROVISIONS These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Pharmavite® LLC's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. This is the entire agreement between us relating to the subject matter herein and, except as provided in these Terms and Conditions with respect to changes to these Terms and Conditions, shall not be modified except in writing, signed by both parties. CONTACT INFORMATION If you need any assistance please:
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