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Terms of Use
Our lawyers made us
include it and made us use a precious button on our home
page to get you here. At first, we thought the lawyers were
a real pain. But then we read the page. What a Netwakening!
It's really important stuff. We took the legalese the
lawyers wrote and translated it into readable English. So be
a smart nethead and read the stuff on this page. It could
prevent you from hearing from our lawyers, or worse yet,
from really nasty people, like prosecutors.
Here's the
deal:
We run this site so that
people like you (and people you like) can use it for
personal entertainment, information, education,
communication, and cybergratification. So go ahead and
browse around all you like. You can even download stuff from
the site but only for non-commercial, personal use. If you
do, though, don't fool around with the copyright and other
notices all over the stuff. They're there for a really good
reason. And don't even think about distributing, modifying,
transmitting, reusing, re-posting, or anything else un-cool
with any of the stuff, including the text, images, audio,
and video, for public or commercial purposes unless we give
you written permission. And it's not likely we will.
If you visit our site,
you're also legally obligated to the terms and conditions
listed below and any other law or regulation that applies to
the site, the Internet, the World Wide Web, or Los Angeles,
CA. You shouldn't access or browse the site if you have any
problem with that, because once you start, there's no
turning back -- you are bound by [read: stuck with] the
terms and conditions.
So here's the scoop on
our Top Eleven Rules for Cybersurfers who hang out on our
site:
- For everyone's sake, just
assume that everything on the site is copyrighted
unless we say it's not. So you can't use the stuff
except how we say you can on this page or anywhere
else on the site without our written permission. And
like we said before, it's not likely we'll give you
permission anyway. In fact, even if we wanted to,
the lawyers are likely to veto any deal anyway. So
it's better you don't even ask.
- While we try to include
accurate stuff on the site, we're not promising you
it's accurate. In fact, we're not promising you
anything except fun and entertainment. So if you use
stuff on the site, you're using it at your own risk.
Don't call us if there's a problem because we assume
no liability or responsibility for errors or
omissions on the site.
- We and anybody else who
helped us create, produce, or deliver the site are
not liable for any damages you suffer when you use
it. In particular, the lawyers want you to know that
our disclaimer includes "direct, incidental,
consequential, indirect, or punitive damages arising
out of your access to, or use of, the site. Without
limiting the foregoing, everything on the site is
provided to you 'AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON INFRINGEMENT.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the
above exclusions may not apply to you. Check your
local laws for any restrictions or limitations
regarding the exclusion of implied warranties. Ugh!
What a mouthful from the mouthpieces. We put all of
that in quotes because we couldn't figure out any
other way to say it that the lawyers would accept.
But here's the bottom line -- we're not responsible
if you're browsing around and the site damages you
or your computer or infects it with any nasty
viruses. We sure hope that doesn't happen, but if it
does, don't call us.
- If you don't want the world
to know something, don't post in on the site in any
bulletin board or anyplace else. That's because
anything you disclose to us is ours. That's right --
ours. So we can do anything we want with the stuff
you post. We can reproduce it, disclose it, transmit
it, publish it, broadcast it, and post it someplace
else. We can even send it to your mother (as soon as
we find her address). Not only that, we can even use
any ideas, concepts, know-how, or techniques you
post any way we want to, including, developing,
manufacturing and marketing products or other stuff
using the information you post.
- Pictures of people or places
shown on the site are either our property or someone
else's property we're using with their permission.
No matter what, it's definitely not your property.
You or any of your net-friends can't use it unless
we said you could on this page or somewhere else on
the site. And guess what -- we won't say yes. So be
careful, Bunky, because unauthorized use may violate
all sorts of nasty laws. Be smart, keep the stuff
you download to yourself.
- There's also a lot of
trademarks, logos, and service marks on the site
that either we own or we're using with someone
else's permission. So don't think you have any kind
of license or right to use them, because you don't
and we're not about to give you one. If you don't
leave them alone and mess with our trademarks, logos
and service marks on our site, we'll probably go
ballistic, so will the companies that own the other
trademarks, logos and service marks. That means that
we're likely to sue you or to ask a prosecutor to
come after you for messing around with our property
or the property of others.
- You'll probably notice we've
linked our site to lots of others. While that's
cool, it doesn't mean we've looked at all those
sites, much less checked them out periodically to
see what's going on. So don't blame us if some site
you link to is bad or has stuff on it that offends
you or your pets. Go ahead and link, but remember,
you're doing it at your risk.
- That brings us to what you
do on our own site. While we occasionally listen in
on chat groups, or look at the posting in our
discussion groups or on our bulletin boards, we take
no responsibility and assume no liability for the
content of those locations or for any mistakes,
defamation, libel, slander, omissions, falsehoods,
obscenity, pornography, or profanity you might
encounter when you visit such places on our site.
And don't be stupid by posting or transmitting any
unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
nasty, mean, or profane material or any material
that law enforcement types may consider a criminal
offense, get someone in court on a civil lawsuit, or
for that matter violate any law -- anywhere,
anytime. While we certainly respect your privacy, we
have no choice but to fully cooperate with any law
enforcement authorities or court which might ask us
who might have posted nasty stuff on our site.
- Software that we use on this
Site is protected by all sorts of patriotic U.S.
laws. Because of that, you can't download or send
the software to anyone in the vacation travel spots
of Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other country where United States has embargoed
goods; or (get this) to anyone on the United States
Treasury Department's list of Specially Designated
Nationals, the U.S. Commerce Department's Table of
Deny Orders, or the FBI's Most Wanted Internet
Creeps List (just kidding on the last one). As if
that were not tough enough, if you live in or are a
national of any of those lovely places, you're not
even supposed to be reading this page, so beat it!
- We're also allowed to change
this page and anything else on the site any time we
want to. That's because it's ours and we have the
programmers who can do it. If we do change the page,
then you're bound by those changes, too, whenever
you visit our site.
- If either of us wants to
make something of it and wants to "sue" (a dirty
word) then we have to follow these rules of
engagement. (sort of according to the Geneva
Convention):
To the extent you have in any manner violated or
threatened to violate YourHealthProduct.com and/or
its affiliates' intellectual property rights,
YourHealthProduct.com and/or its affiliates may seek
injunctive or other appropriate relief in any state
or federal and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a
mutually agreed-upon mediator. Any costs and fees
other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration, under the
rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do
so.
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