Terms of Use
Information on this website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from this website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Information provided on this website and the use of any products or services purchased from our website by you DOES NOT create a doctor-patient relationship between you and any of the physicians or associates affiliated with ourweb site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
COPYRIGHT AND TRADEMARKS “Steelbreeze Marketing, LLC” and all logos including (DiaMetrix®), page headers, custom graphics and icons are trademarks and/or service marks owned by Steelbreeze Marketing, LLC. All other trademarks, product names, and company names and logos appearing on our website are the property of their respective owners.
COMMERCIAL TRANSACTIONS Certain products or services may be offered for sale on www.diametrix.net and www.diametrihealth.com. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Steelbreeze Marketing, LLC, (www.diametrix.net and www.diametrihealth.com) to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Your right to use the service or a specific product is conditional on our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating this agreement and all obligations hereunder.
YOUR CONDUCT ON OUR WEB SITE Any conduct by you on our website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our website will not be permitted. You agree to use our website only for lawful purposes. You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our website to post petitions for any issue or cause.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our website, use of our website, or access to our website. You agree not to access our website by any means other than through the interface provided by us for use in accessing our website. You understand that the robots.txt file is the only means by which robots are authorized to access our web site. You agree not to violate any of the robot access policies.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our website, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our website, without prior notice.
DISCLAIMERS This web site is provided for your use on an “as is,” “as available” basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “associates"), do not make any representations or warranties of any kind, express or implied, with respect to our website or its content, including, without limitation, the products, services or information offered or sold on or through our website or any other website to which our website links and the uninterrupted or error-free use of our website. We 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 to the fullest extent permitted by law. We do not warrant that our website or files available on our website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this website and any site linked to our website is expressly at your own risk.
All information contained on our website, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this website for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our website. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our website. Information provided on this website and the use of any products or services purchased from our website by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians or associates affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites that contain links to or from our website. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such websites.
Price and availability information on our website are subject to change without notice.
LIMITATION OF LIABILITY Under no circumstances shall we or any other party involved in creating, producing, or distributing our website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (A) any delay, failure, interruption or corruption of our website or any data or information transmitted in connection with the use of this website. (B) personal injury or death caused by your use or misuse of our website, (C) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our website (D) unauthorized access to or alteration of your transmissions or data, (E) statements or conduct of any third party on our web site, or (F) any other matter relating to our web site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, 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 us through our web site.
INDEMNITY You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates, distributors, from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of content you submit, post to or transmit through our website, your use of our website, your connection to our website, your violation of these Terms of Use, or your violation of any rights of another person.
PRIVACY We respect your privacy in accordance with the terms of our privacy policy. We reserve the right to monitor our website and to disclose any information recorded or posted on, submitted to, or transmitted through our website to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our website, or to protect our rights or property or the rights or property of our users. In addition, we are committed to protecting the privacy of children.
EXPORT The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.
OUR RIGHTS We may elect to electronically monitor areas of our website. We are not responsible for screening, policing, editing, or monitoring content on our website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such content from our website. We may terminate your access, or suspend your access to all or part of our website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
APPLICABLE LAW; JURISDICTION AND VENUE We control our web site from our offices within the United States. We make no representation that the content on our website is appropriate, legal or available for use in other locations.
TERMINATION These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our website. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our website with or without notice. You agree that any termination of your access to our website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our website.
FUNDING All funding and support for this web site is provided by Steelbreeze Marketing, LLC and Markit Health, LLC.
ADVERTISING POLICY We identify those items which are advertisements separately from those items which contain editorial content.
GENERAL INFORMATION These Terms of Use constitute the entire agreement between you and us and govern the use of our website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use 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 our website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
1. An electronic or physical signature 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on our web site where the material that you claim is infringing your copyright interest is located;
4. Your address, telephone number, and email address;
5. A 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;
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.
Our agent for notice of claims of copyright infringement on our web site can be reached as follows:
Markit Health, LLC
145 Mirona Road • Suite 200
Portsmouth, New Hampshire 03801
By eMail: jim(at)markithealth.com
These terms of service were last updated on June 17, 2014
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