Welcome to Health-Gard. Health-Gard provides
their services to you subject to the following conditions. If you visit or shop
at Health-Gard.com, you accept these conditions. Please read them carefully. In
addition, when you use any current or future Health-Gard.com service or visit or
purchase from any business affiliated with Health-Gard, whether or not included
in the Health-Gard.com web site, you also will be subject to the guidelines and
conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Health-Gard.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Health-Gard.com or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Health-Gard or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this site is
the exclusive property of Health-Gard and protected by U.S. and international
copyright laws. All software used on this site is the property of Health-Gard or
its software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
HEALTH-GARD, HEALTH-GARD.COM, and other marks indicated on our site are
registered trademarks of Health-Gard.com, Ltd. or its subsidiaries, in the
United States and other countries. Health-Gard’s trademarks and trade dress may
not be used in connection with any product or service that is not Health-Gard’s,
in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Health-Gard. All other trademarks not owned
by Health-Gard or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to, or
sponsored by Health-Gard or its subsidiaries.
LICENSE AND SITE ACCESS
Health-Gard grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of Health-Gard. This license does not
include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of Health-Gard. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Health-Gard and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing Health-Gard’s name or trademarks without the express written
consent of Health-Gard. Any unauthorized use terminates the permission or
license granted by Health-Gard. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of Health-Gard.com so
long as the link does not portray Health-Gard, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Health-Gard logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. Health-Gard does sell products for children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
Health-Gard.com only with involvement of a parent or guardian. Health-Gard and
its affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to your origin of any content. Health-Gard
reserves the right (but not the obligation) to remove or edit such content, but
does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Health-Gard and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Health-Gard and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify Health-Gard or its affiliates for all claims resulting from content
you supply. Health-Gard has the right but not the obligation to monitor and edit
or remove any activity or content. Health-Gard takes no responsibility and
assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Health-Gard.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Health-Gard and its affiliates attempt to be as accurate as possible. However,
Health-Gard does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product
offered by Health-Gard itself is not as described, your sole remedy is to return
it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY HEALTH-GARD ON AN "AS IS" AND "AS AVAILABLE" BASIS.
HEALTH-GARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALTH-GARD DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTH-GARD
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HEALTH-GARD.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTH-GARD WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Health-Gard.com, you agree that the laws of the state of Texas,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Health-Gard
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Health-Gard.com or to products
you purchase through Health-Gard.com shall be submitted to confidential
arbitration, except that, to the extent you have in any manner violated or
threatened to violate Health-Gard’s intellectual property rights, Health-Gard
may seek injunctive or other appropriate relief in any state or federal court in
the state of Texas, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or
otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Notice, posted on this
site. These policies also govern your visit to Health-Gard.com. We reserve the
right to make changes to our site, policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
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