Information on this site is provided for informational purposes and is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease.
If you have or suspect that you have a medical problem, promptly contact your health care provider. All claims for the effectiveness of our herbs are based on traditional usage and our clinical trials.
Information and statements regarding herbs and dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Terms and Conditions
Effective as of 15th October 2005.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By registering on the Symphony Natural Health (Supply & Distribution) Inc. (the "Company") Web Site (the "Site") or using any of the services available on or through the Site, you are deemed to have agreed to these terms and conditions of use ("Terms and Conditions"). If you do not agree to these Terms and Conditions you may not access or otherwise use the Site or services.
The Company reserves the right to modify the Site from time to time, for any reason, and without notice. You should check these Terms and Conditions periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications. The Company makes this Site available free of charge to individuals who voluntarily register on the Site ("Members"), and agree to, and abide by, these Terms and Conditions.
As a condition of your ability to visit and use the Site, you represent and warrant that:
- You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Site in accordance with these Terms and Conditions;
- All information supplied by you is true and accurate (without limitation of the foregoing, any speculative, incorrect, misleading, false or fraudulent information that you provide is prohibited);
- You understand and agree that the Company may share personally identifiable and other information provided by, and aggregated information about, Members with its partners, sponsors, advertisers, service providers and marketers for marketing promotions, lookup and reference services applications, and other entities that the Company believes are able to provide Members with special offers and opportunities;
- You understand that abuse of the Site may result in your being denied access to such Site and/or the termination of your membership;
- You understand and agree that, in addition to these Terms and Conditions, the Site will be governed by the official rules applicable to the Site;
- You will not:
- Harvest, sweep, or use any other means, to collect information about Members of the Site;
- Maintain more than one account on the Site;
- Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Site;
- Conduct your own contests and promotions;
- Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions or your membership on the Site without prior express written authorization of the Company;
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Site Content (as defined below); or
- Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site (including without limitation, Member information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
The Company may reject any registration application from any person with or without cause at its sole discretion. The Company reserves the right to terminate a Member account in the event that such Member provides false or misleading Registration Information or otherwise violates any term of these Terms and Conditions. Your status as a registered Member creates only a customer relationship with the Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
Compliance With Law
By visiting this Site or participating in the Site, you agree to comply with all relevant local, state, provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.
Third Party Sites and Promotions
The Site may display and make available promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that the Company shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against the Company arising from your participation in, or inability to participate in, any Third Party Promotion.
Intellectual Property Rights
The Site contains intellectual property owned by the Company and other parties. As between the Company and you, the Company is the sole owner of the Site in general, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Site Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site Content solely for your personal, non-commercial use or records, provided that any Company marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site Content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may write to the Company at the address provided below.
You may be able to link to third parties' web sites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by the Company in any way and the Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply the Company’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall the Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. The Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link. To seek our permission, you may write to the Company at the address provided below. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, at any time.
COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Disclaimer of Warranties
THIS SITE, INCLUDING THE SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND THE SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS PROPRIETORS, PARENTS, PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR THE SITE. THE COMPANY SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES OR ARISES OUT OF AN IRREGULAR SITE PLAY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THE SITE.
You agree to defend, indemnify and hold the Company, its parents, partners, affiliates, members, managers, officers, representatives, successors and assigns and their respective officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a result of your use or inability to use the Site or any violation of these Terms and Conditions by you. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site must be filed within three (3) months after such claim or cause of action arises, or forever be barred.
Termination by You: You may terminate your membership at any time, and upon termination you understand that you will not be eligible to receive any prizes after the date of termination.
Termination by the Company: The Company reserves the right to terminate your membership without notice, with or without cause, at its sole discretion, for any reason, including:
- Your breach of any provision of this Agreement;
- Any conduct by you which is or may reasonably be believed to be contrary or detrimental to the business interests or reputation of the Company; or
- Any action taken by you that harms or potentially harms any Company relationship with its registered Members, suppliers, and/or providers of Third Party Promotions.
If the Company terminates your membership, you will be ineligible to re-enroll as a registered Member at any future date.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org
Applicable Laws / Jurisdiction
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern your use of the Site, and these Terms and Conditions. Your use of the Site may be subject to other local, state, national, and international laws. You hereby agree and acknowledge that all actions or proceedings arising in connection with the Terms and Conditions shall be tried and litigated exclusively in the State and Federal Courts in the State of California. You further waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, private attorney general actions, and consolidation with other proceedings aren't allowed.
Symphony Natural Health (Supply& Distribution) Inc.
224 6th Street
San Francisco CA 94103