PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms
and Conditions. If you do not agree to all of these Terms
and Conditions of use, do not use this site!
TERMS AND CONDITIONS OF USE
HealthSwineFlu.com provides its services to you subject
to the following terms and conditions of use. If you visit
or shop at HealthSwineFlu.com, you accept these terms and
conditions. PLEASE READ THESE TERMS AND CONDITIONS OF USE
BEFORE USING THIS SITE.
This site is owned and operated by E-Easy, LLC doing business
as HealthSwineFlu.com, which is referred to herein as HealthSwineFlu.com,
HealthSwineFlu, Health Swine Flu, we, us and our.
SITE ACCESS AND USE LICENSE
HealthSwineFlu grants you a limited license to access, view
and use this Site and to print individual pages from this
Site for your own personal, noncommercial use, provided
you agree to and accept without modification the terms and
conditions set forth in this agreement. You may not modify,
copy (except as set forth in the preceding sentence), distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information,
material, software, products or services from this Site.
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 HealthSwineFlu. 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 HealthSwineFlu without express
written consent. You may not use any meta tags or any other
"hidden text" utilizing HealthSwineFlu's name
or trademarks without the express written consent of HealthSwineFlu.
Any unauthorized use terminates the permission or license
granted by HealthSwineFlu. You may not create a hyperlink
to the home page of HealthSwineFlu without express written
consent. You may not use any HealthSwineFlu logo or other
proprietary graphic or trademark as part of the link without
express written permission.
Your use of this Site constitutes your agreement and acceptance
without modification of the terms and conditions set forth
herein. In addition, as a condition of your use of this
Site, you represent and warrant to HealthSwineFlu that you
will not use this Site for any purpose that is unlawful,
immoral or prohibited by these terms and conditions. If
you do not agree and accept without modification the terms
and conditions set forth herein, do not use this Site. Other
than this agreement and agreements between you and HealthSwineFlu
relating to the sale of products or services to you through
this Site, HealthSwineFlu will not enter into any agreement
with you or obligation to you through this Site and no attempt
to create such an agreement or obligation will be effective.
You agree that you will not send or transmit to HealthSwineFlu
by email, (including through the email addresses listed
on the "Contact Us" link) any communication or
content that infringes or violates any rights of any party.
If you submit any business information, idea, concept or
invention to HealthSwineFlu by email, you agree such submission
is non-confidential for all purposes and that you automatically
grant-or warrant that the owner of such content or intellectual
property has expressly granted-HealthSwineFlu a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license
to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display
the communication or content in any media or medium, or
any form, format, or forum now known or hereafter developed.
HealthSwineFlu may sublicense its rights through multiple
tiers of sublicenses. If you wish to keep any business information,
ideas, concepts or inventions private or proprietary, do
not submit them to HealthSwineFlu.
PRODUCT ORDERS
We will use our best efforts to fulfill all orders; however,
HealthSwineFlu cannot guarantee the availability of any
particular product displayed on this Site. HealthSwineFlu
reserves the right discontinue the sale of any product listed
on this Site at any time without notice. Product prices
offered on this Site may vary from other advertised prices
due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars
and are valid and effective only within the United States,
and such prices do not include shipping and handling or
sales taxes, if applicable, which will be added to your
total invoice price. You are responsible for the payment
of any shipping and handling charges and state and local
sales or use taxes that may apply to your order. While our
goal is an error-free Site, we do not guarantee that any
content is accurate or complete, including price information
and product specifications. If we discover price errors,
they will be corrected on our systems, and the corrected
price will apply to your order. HealthSwineFlu reserves
the right to revoke any stated offer and to correct any
errors, inaccuracies or omissions (including after an order
has been submitted and accepted).
FOR INFORMATIONAL PURPOSES
The content of the Site, such as text, graphics, images,
and other material ("Content"), are for informational
purposes only. The Content is not intended to be a substitute
for professional advice. HealthSwineFlu does not recommend
or endorse any specific tests, products, procedures, opinions,
or other information that may be mentioned on the Site.
Your reliance on any information provided by HealthSwineFlu,
its employees, others appearing on the Site at the invitation
of HealthSwineFlu, or other visitors to the Site, is solely
at your own risk.
NO WARRANTIES; EXCLUSION OF LIABILITY
HEALTHSwineFLU MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND ABOUT THE SUITABILITY OF THE MATERIALS ON THIS
SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HEALTHSwineFLU
SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. HEALTHSwineFLU SHALL NOT HAVE ANY
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION
IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER
OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION
WITH THIS SITE. HEALTHSwineFLU DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM HEALTHSwineFLU ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTHSwineFLU
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.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL
EITHER THE HEALTHSwineFLU, ITS AFFILIATES OR AGENTS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE
DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING
IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold HealthSwineFlu,
its officers, directors, employees, agents, licensors, and
suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements, including without
limitation reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of these
Terms and Conditions of Use.
PRODUCT DESCRIPTIONS
HealthSwineFlu and its affiliates attempt to be as accurate
as possible. However, HealthSwineFlu 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 HealthSwineFlu itself is not as described, your
sole remedy is to return it in unused condition.
RISK OF LOSS
All items purchased from HealthSwineFlu 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.
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. If you are under 18, you may use this
Site only with involvement of a parent or guardian. HealthSwineFlu
and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
You are responsible for taking all reasonable steps to
ensure that no unauthorized person shall have access to
your HealthSwineFlu passwords or accounts. It is your sole
responsibility to control the dissemination and use of codes
and passwords; authorize, monitor, and control access to
and use of your HealthSwineFlu account and password; promptly
inform HealthSwineFlu of any need to deactivate a password.
You grant HealthSwineFlu and all other persons or entities
involved in the operation of the Site the right to transmit,
monitor, retrieve, store, and use your information in connection
with the operation of the Site. HealthSwineFlu cannot and
does not assume any responsibility or liability for any
information you submit, or your or third parties' use or
misuse of information transmitted or received using HealthSwineFlu
tools and services.
PRICING
Except where noted otherwise, the price displayed for products
on our website represents the full retail price listed on
the product itself, suggested by the manufacturer or supplier,
or estimated in accordance with standard industry practice;
or the estimated retail value for a comparably featured
item offered elsewhere. The price is a comparative price
estimate and may or may not represent the prevailing price
in every area on any particular day. With respect to items
sold by HealthSwineFlu, we cannot confirm the price of an
item until you order; however, we do NOT charge your credit
card until after your order has entered the shipping process.
Despite our best efforts, a small number of the items on
our Site may be mispriced. If an item's correct price is
higher than our stated price, we will, at our discretion,
either contact you for instructions before shipping or cancel
your order and notify you of such cancellation.
Please note that this policy applies only to products sold
and shipped by HealthSwineFlu. Your purchases from any third-party
sellers using HealthSwineFlu are charged at the time you
place your order, and third-party sellers may follow different
policies in the event of a mispriced item.
CHARGES AND BILLING
You are responsible for providing a valid credit card number
at the time you purchase products or services. You represent
and warrant that you are an authorized user of such credit
card, and you agree to pay all charges resulting from your
purchase at the prices then in effect, including any unauthorized
charges incurred prior to your notifying HealthSwineFlu
of such charges. You agree that HealthSwineFlu may pass
your credit card information and related personally identifiable
information to its designated service provider(s) for their
use in charging you for appropriate product or services.
All products and services are exclusive of sales or other
taxes and you are responsible for payment of any applicable
state, local and city taxes. HealthSwineFlu reserves the
right to modify, substitute or terminate product and services,
change prices, or institute new charges for any product
and service at any time. The images use to describe products
or services are for referrence and may not be the actual
product that is shipped.
COPYRIGHT
The Content of the Site is protected by copyright under
both United States and foreign laws. The title to the Content
remains with HealthSwineFlu or its licensors. Any use of
the Content not expressly permitted by these Terms and Conditions
of Use is a breach of these Terms and Conditions of Use
and may violate copyright, trademark, and other laws. Content
and features are subject to change or termination without
notice is the editorial discretion of HealthSwineFlu. All
rights not expressly granted herein are reserved to HealthSwineFlu
and its licensors.
TRADEMARKS
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered
Trademarks of HealthSwineFlu and others. HealthSwineFlu's
Trademarks may not be used in connection with any product
or service that is not HealthSwineFlu's, in any manner that
is likely to cause confusion among customers, or in any
manner that disparages or discredits HealthSwineFlu. Nothing
on this Site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any Trademark
displayed on the Site, without the prior written permission
of the Trademark owner. Other product and company names
mentioned in this Site may be the Trademarks of their respective
owners.
MODIFICATIONS; SEVERABILITY
HealthSwineFlu reserves the right to make changes to our
site, policies, and these Terms and Conditions of Use at
any time. If any of these terms and conditions shall be
deemed invalid, void, or for any reason unenforceable, that
term or condition shall be deemed severable and shall not
affect the validity and enforceability of the remaining
terms and conditions.
APPLICABLE LAW; JURISDICTION
By visiting this Site, you agree that the laws of the State
of New Jersey, without regard to principles of conflict
of laws, will govern these Terms and Conditions of Use and
any dispute of any sort that might arise between you and
HealthSwineFlu or its affiliates. You expressly agree that
exclusive jurisdiction for any dispute with HealthSwineFlu,
or in any way relating to your use of this Site, resides
in the courts of the State of New Jersey and you further
agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of New Jersey in
connection with any dispute, including any claim involving
HealthSwineFlu or its affiliates, employees, contractors,
officers, directors, telecommunication providers, and content
providers.
DISPUTES
Any dispute relating in any way to your visit to this Site
or to products you purchase through HealthSwineFlu shall
be submitted to confidential arbitration in Morristown,
New Jersey, except that, to the extent you have in any manner
violated or threatened to violate HealthSwineFlu's intellectual
property rights, HealthSwineFlu may seek injunctive or other
appropriate relief in any state or federal court in the
State of New Jersey, and you consent to the 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.
ELECTRONIC COMMUNICATIONS
When you visit HealthSwineFlu 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.
PRIVACY
Please review our Privacy Notice, which also governs your
visit to this Site, to understand our policies and practices.
ENTIRE AGREEMENT
This agreement, the privacy notice, and terms of sale constitute
the entire agreement between you and HealthSwineFlu with
respect to this site. This agreement supersedes all prior
or contemporaneous communications and proposals, whether
electronic, oral or written, between you and HealthSwineFlu
with respect to this Site. No modification of this agreement
shall be effective unless it is authored by HealthSwineFlu,
or unless it is physically signed by a representative of
HealthSwineFlu. Any alleged waiver of any breach of this
agreement shall not be deemed to be a waiver of any future
breach. A printed version of this agreement and/or of any
notice given by HealthSwineFlu in electronic form shall
be admissible in any judicial or administrative proceeding
based upon or relating to this agreement or your use of
this Site to the same extent and subject to the same conditions
as other business documents and records originally generated
and maintained by HealthSwineFlu in printed form.
COPYRIGHT COMPLAINTS
HealthSwineFlu respects the intellectual property of others.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us at
sales@HealthSwineFlu.com.
You may request removal of those materials (or access thereto)
from this Site by contacting HealthSwineFlu and providing
the following information: Your name, address, telephone
number and e-mail address; a description of the work; where
possible, a copy or the location (e.g., URL) of an authorized
version of the work; a statement that you have a good faith
belief that the complained of use of the materials is not
authorized by the copyright owner, its agent, or the law.
Although HealthSwineFlu will in most circumstances be able
to receive your e-mail or other information provided through
this Site (including, without limitation, service requests
and other submissions), HealthSwineFlu does not guarantee
that it will receive all such e-mail or other information
timely and accurately and shall not be legally obligated
to read, act on or respond to any such e-mail or other information.
Be aware that Internet e-mail typically is not secure.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal
notice" on the HealthSwineFlu Site, these Terms and
Conditions and the HealthSwineFlu Privacy Policy and Agreement
constitute the entire agreement between you and HealthSwineFlu
with respect to the use of the HealthSwineFlu Site, and
Content.
© 2009 HealthSwineFlu.com All rights reserved