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www.PreventionIsBest.com Terms of Use Agreement
Thank you for visiting the www.PreventionIsBest.com web site. These Terms
of Use set forth the agreement between the www.PreventionIsBest.com web site,
which is owned, operated and maintained by St. Louis Spine & Health Assoc.,
L.L.C., a leading provider of online information, products and services for
optimum health and wellness, and each user governing the use of this web site.
Our web site is designed to provide a convenient, private and informative experience
for its visitors as well as a place to purchase products and services created
to facilitate an active, healthy lifestyle. St. Louis Spine & Health Assoc.,
L.L.C. and our respective subsidiaries and affiliates ("we", "us",
"our") want each visitor to our web site to have a safe, pleasurable
visit, so we have established the following terms and conditions so that we
(and you) know what to expect from each other. Please read these terms and conditions
carefully before using our web site. By using this web site, you agree to be
bound by these Terms of Use. If you do not agree to the terms and conditions
contained in these Terms of Use, you may not access or otherwise use this web
site. We may make changes to our web site, these terms and conditions, or the
policies and conditions that govern the use of our web site at any time. We
encourage you to review our web site and these terms periodically for any updates
or changes. Your continued access or use of our web site shall be deemed your
notification and acceptance of these changes.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on this web site 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 web site 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 web site, 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 web site. Information provided on this web site and the use of
any products or services purchased from our web site by you DOES NOT create
a doctor-patient relationship between you and any of the physicians 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.
COPYRIGHT AND TRADEMARKS
”St. Louis Spine & Health Center” & “PreventionIsBest”
and all logos, page headers, custom graphics and icons are trademarks and/or
service marks owned by St. Louis Spine & Health Assoc., L.L.C. All other
trademarks, product names, and company names and logos appearing on our web
site are the property of their respective owners.
Our web site and our newsletters contain information, data, software, photographs,
graphics, videos, text, images, typefaces, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, or other
proprietary rights, and these rights are valid and protected in all forms, media
and technologies existing now or developed in the future. All Content is copyrighted
as a collective work under the United States copyright laws, and we own a copyright
in the selection, coordination, arrangement, and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. All rights to such Content are reserved
to their respective copyright owners. Permission is granted to electronically
copy and to print in hard copy portions of this web site and/or our newsletters
for the sole purpose of placing an order with www.PreventionIsBest.com. Except
as provided in the preceding sentence or as permitted by the fair use privilege
under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you
may not upload, post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other proprietary right. Any other use of the Content
on this web site and/or in our newsletters, including reproduction for purposes
other than as noted above, modification, distribution, replication, commercial
or other use, without our prior written permission, is strictly prohibited.
If you violate any of these terms, your permission to use the Content will automatically
terminate and you must immediately destroy any copies you have of any portion
of the Content.
COMMERCIAL TRANSACTIONS
Certain products or Services may be offered for sale on PreventionIsBest.com.
In the event you wish to purchase or to subscribe for any of these products
or Services, you will be asked by PreventionIsBest.com or an authorized third
party to supply certain information, including without limitation, your full
name, address, telephone number and credit card information. You agree to provide
PreventionIsBest.com or such third party 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.
Some services offered by PreventionIsBest.com are subscription-based services.
If you open a subscription-based account with PreventionIsBest.com, you hereby
agree to pay all charges to your account, including any applicable taxes, in
accordance with billing terms in effect at the time the fee or charge becomes
payable. PreventionIsBest.com reserves the right to change the amount of, or
basis for determining, any fees or charges for Services we provide, and to institute
new fees, charges or terms effective upon notice to subscribers. We reserve
the right to terminate any account at any time for any reason. PreventionIsBest.com
agrees that it will notify you when, and if, we decide to terminate your account.
In the event that you elect to terminate a paid subscription within fourteen
(14) days of signing up for the service, you are entitled to a full refund.
To cancel your account and obtain a refund you must call our Customer Service
staff at 1-314-576-1495 to terminate. If you wish to cancel your subscription
after fourteen (14) days from initial purchase, you shall not be entitled to
a refund of the purchase price or any portion thereof. If you have an outstanding
balance due on any PreventionIsBest.com account, you hereby agree that PreventionIsBest.com
may charge these unpaid fees to your credit card.
Please Note: Your subscription will be automatically renewed and your credit
card will be charged in accordance with the schedule provided for a particular
Service or product. Your renewal charge shall be equal to the original stated
renewal price when subscribed, unless otherwise notified in advance. You shall
have thirty (30) days following the date on which the renewal charge is posted
to your credit card or other account to notify PreventionIsBest.com that you
wish to cancel your subscription. Your subscription will then be cancelled and
no further renewal fees will be charged. Renewal fees, once charged to your
account, are non-refundable.
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 web site that we believe, in our sole discretion,
restricts or inhibits any other user from using or enjoying our web site will
not be permitted. You agree to use our web site only for lawful purposes. You
are prohibited from posting on or transmitting through our web site 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 Web Site to post petitions for any issue or cause.
You may not defame, libel or slander another person. Any verbiage that may be
possibly construed to be defaming, libel or slanderous, at the sole discretion
of the staff of www.PreventionIsBest.com, will be removed from the Community
boards.
Any threat or suggestion to commit suicide will be reported to the proper authorities
and the posting will be removed from the Community boards. If you are in need
of someone to talk with, call the National Crisis/Suicide Hotline at 1-(800)999-9999.
If you are in immediate danger, call 911!
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of our web site, use of our web site, or access
to our web site. You agree not to access our web site by any means other than
through the interface provided by us for use in accessing our web site. 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 web site, 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 web site, without prior notice.
USAGE OF OUR WEB SITE BY MINORS
Due to the nature of the internet, we cannot prohibit minors from visiting our
web site. However, all purchases of goods or services on our web site must be
made by adults 18 years of age or older, and all users who register with our
web site must be 18 years of age or older or provide parental consent .
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 web site
or its Content, including, without limitation, the products, services or information
offered or sold on or through our web site or any other web site to which our
web site links and the uninterrupted or error-free use of our web site. 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 web site or files available on our web site
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 web site
and any site linked to our web site is expressly at your own risk.
All information contained on our web site, 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 web site 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 web site. 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 web site. Information provided on this web site and the use
of any products or services purchased from our web site by you DOES NOT constitute
a doctor-patient relationship between you and any of the physicians 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 web
sites that contain links to or from our web site. Because some web sites employ
automated search results or otherwise link you to web sites 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 web sites.
Price and availability information on our web site are subject to change without
notice.
While we carry Standard Process® products, neither K. Shane Neifert, D.C.
nor any third party associated with, related to or linked to K. Shane Neifert’s,
D.C. business or website (other than Standard Process’ website) is in
any way affiliated with Standard Process. Standard Process expressly disclaims
any responsibility for and makes no representations or warranties regarding
any statement, information, materials, or content found on or included in K.
Shane Neifert’s, D.C. marketing materials, website, or any third party
marketing materials or websites related to , associated with or linked to K.
Shane Neifert’s, D.C. business or website.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing,
or distributing our web site 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 (i) any delay, failure, interruption or corruption
of our web site or any data or information transmitted in connection with the
use of this web site. (ii) personal injury or death caused by your use or misuse
of our web site, (iii) 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 web site (iv) unauthorized access to or alteration of your transmissions
or data, (v) statements or conduct of any third party on our web site, or (vi)
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 web site. 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
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 web site, your use of our web site,
your connection to our web site, 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. We reserve
the right to monitor our web site and to disclose any information recorded or
posted on, submitted to, or transmitted through our web site 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 web site, 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.
This web site is not intended or designed to attract children under the age
of 13 (see Usage of our Web Site by Minors above).
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.
You agree to abide by these laws and their regulations, including, but not limited
to, the Export Administration Act and the Arms Export Control Act, and not to
transfer, by electronic transmission or otherwise, any Content derived from
our web site to either a foreign national or a foreign destination in violation
of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our web site. We are not responsible
for screening, policing, editing, or monitoring Content on our web site. 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 web site.
We may terminate your access, or suspend your access to all or part of our web
site, 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 web site is appropriate, legal or available
for use in other locations. Those who choose to access our web site from other
locations do so on their own initiative and are responsible for compliance with
applicable local laws. You may not use or export the Content in violation of
United States export laws and regulations. Any claim relating to our web site,
the services provided through our web site or the Content shall be governed
by the internal laws of the state of Arizona, without reference to its choice
of law provisions. If there is a dispute between you and us, you expressly agree
that exclusive jurisdiction and venue reside in the state and federal courts
located in St. Louis, Missouri.
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 web
site. 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 web site with
or without notice. You agree that any termination of your access to our web
site 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 web
site. Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to our web site.
FUNDING
All funding and support for this web site is provided by St. Louis Spine &
Health Assoc., L.L.C, a private commercial business.
ADVERTISING POLICY
We clearly 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 web site. 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 web site 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 web site 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:
By mail:
St. Louis Spine & Health Assoc., L.L.C.
12401 Olive Blvd., Suite 202
Creve Couer, Missouri 63141
By email: drshane@preventionisbest.com
COPYRIGHT NOTICE Copyright © 2001-04 St. Louis Spine & Health Assoc.,
L.L.C., doing business as www.PreventionIsBest.com. All rights reserved. Any
rights not expressly granted herein are reserved.
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