Last Modified: June 21, 2016
THIS SITE CONTAINS NO HEALTHCARE OR MEDICAL ADVICE
The products and claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease. Nutritional supplements and dietary products, including, without limitation, products available through or described on this Site are not intended to treat, prevent, or cure disease.
This Site is also not intended to provide diagnosis, treatment, or medical advice. Products, services, information, and other content provided on this Site, including, without limitation, information that may be provided on this Site directly or by linking to third-party websites are provided for informational purposes only and should be construed as medical advice or advice from a health care professional. Please consult with a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.
Information provided on this Site and linked websites, including, without limitation, information relating to medical and health conditions, treatments and products may be provided in summary form. Information on this Site, including, without limitation, any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This Site does not recommend self-management of health issues. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on this Site or on any product label or packaging on products made available through or accessible on this Site.
You should not use the information or services on this Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal, or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. You should consult your physician or pharmacist about interactions between medications you are taking and nutritional supplements, including, without limitation, products sold through or described on this Site. Always check the product label or packaging prior to using any product. If there are discrepancies, you should follow the information provided on the product label or packaging.
The information presented on or through this Site is made available solely for general information purposes and is provided on an “AS IS”, “AS AVAILABLE” and “WHERE IS” basis. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Information about You and Your Visits to this Site
Online Purchases and Other Terms and Conditions
Accessing this Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on this Site, in our sole and absolute discretion with little notice or no notice at all. We will not be liable if for any reason all or any portion of this Site is unavailable at any time or for any period. From time to time, we may also restrict or block access of users, including, without limitation, registered users, to some portions or the entire Site in our sole and absolute discretion. We may also restrict or block access to this Site based on certain characteristics of general visitors to this Site such as visitors’ IP addresses or how they might be attempting to access this Site, the servers hosting it, or the frequency of connections to this Site.
You are responsible for:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
You acknowledge and agree that this Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are, to the fullest extent possible, protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Site, except as follows:
You must NOT:
The “Empire Medicinals” name is a registered trademark of Empire Medicinals and our logos and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Prohibited Uses of this Site
Additionally, you agree not to:
To the extent this Site does or ever contains the ability to compose or post reviews, profiles, forums, bulletin boards, social media, or any other interactive features (collectively, “Interactive Services”) that allow users to post, submit, share, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this Site, your User Contributions and your use of Interactive Services must in their entirety comply with all applicable federal, state, local and international laws, rules and regulations. Without limiting the foregoing, your User Contributions must not:
Copyright Policy – Reporting Claims of Copyright Infringement
Empire Medicinals takes claims of copyright infringement seriously. Empire Medicinals will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on, from, or through this Site infringe your copyright, you may request removal of those materials (or access to them) from this Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:
Repeat Infringers: It is Empire Medicinals’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat copyright infringers.
This Site may include content provided by third parties, including, without limitation, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Empire Medicinals, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Empire Medicinals. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No Obligation to Update this Site.
We may update the content on this Site at any time and from time to time, but its content is not necessarily complete or up-to-date. Any material on this Site may be out of date at any given time, and we are under no obligation to update such material.
Linking to this Site and Social Media Features
You may link to this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which we may withhold, delay, or withdraw at any time in our sole and absolute discretion.
This Site may provide certain social media features that enable you to:
Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice in our sole and absolute discretion.
We may disable all or any social media features and any links at any time without notice in our sole and absolute discretion.
Links from this Site
If this Site contains links to other websites and resources provided by third parties, such links are provided for your convenience only and on an “AS IS”, “AS AVAILABLE” and “WHERE IS” basis. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of this Site is based in the State of New York in the United States of America. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with any and all local laws, rules, or regulations that may be applicable in any such non-US jurisdiction.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses, malware, Trojan horses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, Trojan horses, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Site or any services or items obtained through this Site or to your downloading of any material posted on it, or on any website linked to it.
Your use of this Site, its content, and any services or items obtained through this Site is at your own risk. Further, this Site, its content, and any services or items obtained through this Site are provided on an “AS IS”, “AS AVAILABLE”, and “WHERE IS” basis, without any warranties of any kind, either express or implied, including but not limited to any warranties of merchantability, title, non-infringement or fitness for particular purpose. Neither Empire Medicinals nor any person associated with Empire Medicinals makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of this Site. Without limiting the foregoing, neither Empire Medicinals nor anyone associated with Empire Medicinals represents or warrants that this Site, its content, or any services or items obtained through this Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that this Site or the server that makes it available are free of viruses, malware, Trojan horses, or other harmful components or that this Site or any services or items obtained through this Site will otherwise meet your needs or expectations.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
To the fullest extent permitted under applicable law, in no event will empire medicinals, its affiliates or their licensors, service providers, employees, agents, shareholders, owners, officers, directors, successors and assigns, contractors and suppliers (each an “Empire Medicinals Party”) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, this Site, including, without limitation, any websites linked to it, any content on this Site or such other websites or any services or items obtained through this Site or such other websites, including, without limitation, any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if reasonably foreseeable by such Empire Medicinals Party.
To the extent the foregoing liability limitation is unenforceable in any way, the maximum liability of an Empire Medicinals Party in connection with your use, or inability to use, this Site, including, without limitation, any websites linked to it, any content on this Site or such other websites or any services or items obtained through this Site or such other websites, shall be the greater of (i) the minimum liability that such Empire Medicinals Party must be subject to under applicable law and (ii) US$10.
The foregoing liability limitations do not affect any liability that cannot be excluded or limited under applicable law, rule, or regulation.
Governing Law; Jurisdiction; Procedure
To the fullest extent allowable under applicable law, you and Empire Medicinals agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported, class or representative proceeding.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Site is operated by Empire Medicinals, Inc., 125 Tech Park Drive, Rochester, New York 14623.
All other feedback, comments, requests for technical support, and other communications relating to this Site should be directed to: email@example.com.
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