Donna Maher RN
Herbal
High-Ways Web Site Agreement (TOS)
The
donnamaher.us Web Site (the "Site") is an online information
service provided by Donna Maher RN ("donnamaher.us "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. donnamaher.us MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are donnamaher.us, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
donnamaher.us a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to donnamaher.us by all
means and in any media now known or hereafter developed. You also
grant to donnamaher.us the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
donnamaher.us for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
donnamaher.us.
 TRADEMARKS.
Publications,
products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
donnamaher.us. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of
the Site.
You
understand that, except for information, products or services
clearly identified as being supplied by donnamaher.us,
donnamaher.usdoes not operate, control or endorse any information,
products or
services on the Internet in any way. Except for
donnamaher.us-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
donnamaher.us a. You also understand that
donnamaher.us cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. donnamaher.us PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND donnamaher.us SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
donnamaher.us DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
donnamaher.us HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL
donnamaher.us BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF donnamaher.us OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, donnamaher.us LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
donnamaher.us
makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-donnamaher.us web site, please
understand that it is independent from donnamaher.us, and that
donnamaher.us has no control over the content on that web site. In
addition, a link to a donnamaher.us web site does not mean that
donnamaher.us endorses or accepts any responsibility for the content,
or the use, of such web site.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless donnamaher.us, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third
Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of donnamaher.us and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term;
Termination.
This
Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal
action or proceeding between donnamaher.us and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of
action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. donnamaher.us's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. donnamaher.us may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any
rights
not expressly granted herein are reserved. We also do NOT market
to children nor collect their information, so if you are under 21,
please do not interact with this site. If we accidentally obtain
a child's information, it will be deleted promptly upon
discovery. Consult your parents regarding health products, we do
not give healthcare advice to children (or to anyone of any age, for
that matter, we are not doctors). Healthcare advice is to be
obtained from your personal healthcare
professionals who know you well... so please do consult them for any
health concerns or needs.
COPYRIGHT
NOTICE.© 1999-2005 PriorityDigital.com
Prepared for: donnamaher.us ,All rights reserved.
Get your own free
disclaimer on-line here.
Continued
In-Depth Terms & Legal Disclaimers:
When using the DonnaMaher.us Herbal High-Ways WebSite,
information will be transmitted over a medium that may be beyond the
control and jurisdiction of the site and its suppliers.
Accordingly, assumes no liability for or relating to the delay,
failure, interruption, or corruption of any data or other information
transmitted in connection with use of the DonnaMaher.us WebSite.
The DonnaMaher.us WebSite and the content are provided on an "as
is" basis. , and , THEIR LICENSORS, AND SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting
the foregoing, Donna Maher RN, their licensors, and suppliers make NO
REPRESENTATIONS OR WARRANTIES about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness
of the Content, software, text, graphics, links, or communications
provided on or through the use of the DonnaMaher.us WebSite or by Donna
Maher RN, site owner.
2. The satisfaction of any government regulations requiring disclosure
of information on prescription drug products, nutraceutical products,
or the approval or compliance of any software tools with regard to the
Content contained on the DonnaMaher.us WebSite.
In no event shall , , their licensors, suppliers, or any third parties
mentioned on the DonnaMaher.us WebSite be liable for any damages
(including, without limitation, incidental and consequential damages,
personal injury/wrongful death, lost profits, or damages resulting from
lost data or business interruption) resulting from the use of or
inability to use the DonnaMaher.us WebSite or the Content,
whether based on warranty, contract, tort, or any other legal theory,
and whether or not Donna Maher RN is/was advised of the possibility of
such damages. The website shall not liable for any personal
injury, including death, caused by your use or misuse of the
DonnaMaher.us WebSite, Content, or Public Areas (as defined below). Any
claims arising in connection with your use of the DonnaMaher.us
WebSite, any Content, or the Public Areas must be brought within one
(1) year of the date of the event giving rise to such action occurred,
with incontrovertible proof of same. Remedies under these Terms and
Conditions are exclusive and are limited to those expressly provided
for in these Terms and Conditions. Furthermore, any and all
legal actions contemplated or taken must be conducted in a courthouse
within a fifty (50) mile radius of Lake City, FL, Columbia County, USA.
User submissions to our forum or website feedback areas:
You agree that you will not upload or transmit any communications or
content of any type to the Public Areas (including message boards, Ask
Nurse Donna, etc.) that infringe or violate any rights of any party. By
submitting communications or content to the Public Areas, you agree
that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or
transmit to or Donna Maher RN, by e-mail, (including through the
email addresses listed on the "Contact Us" links or feedback page(s))
any communication or content that infringes or violates any rights of
any party. If you submit any business information, idea, concept or
invention to or Donna Maher RN by e-mail, you agree such
submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any
business information, idea, concept or invention to by email, you
automatically grant--or warrant that the owner of such content or
intellectual property has expressly granted-- 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. 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 the Public Areas or to anyone by email. We try to
answer every email in a timely manner, but are not always able to do
so.
Live and member-to-member areas ("Public Areas")
If you use a Public Area, such as a chat room, bulletin board or
community Herbs & Supplements Discussions Forum or other member
communities, you are solely responsible for your own communications,
the consequences of posting those communications, and your reliance on
any communications found in the Public Areas. Donna Maher RN nor
DonnaMaher.us is/are not responsible for the consequences of any
communications in the Public Areas. In cases where you feel threatened
or believe someone else is in danger, you should contact your local law
enforcement agency immediately. If you think you may have a medical
emergency, call your doctor, healthcare professional or 911
immediately.
In consideration of being allowed to use the Public Areas, you agree
that the following actions shall constitute a material breach of these
Terms and Conditions:
Using a Public Area for any purpose in violation of local, state,
national, or international laws;
Posting material that infringes on the intellectual property rights of
others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful, or embarrassing to any other
person or entity as determined by our website or Donna Maher RN, in its
sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of
dialogue, or posting comments that are not related to the topic being
discussed (unless it is clear the discussion is free-form & has
been encouraged or appropriately invited);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including
email addresses, without their identification for posting or viewing
comments; or their explicit written consent;
Allowing any other person or entity to use your identification for
posting or viewing comments;
Posting the same note more than once or "spamming"; or unsolicited
commercial emails or postings;
Engaging in any other conduct that restricts or inhibits any other
person from using or enjoying the Public Area or the DonnaMaher.us
WebSite, or which, in the judgment of Donna Maher RN, exposes Donna
Maher RN or any of its customers or suppliers to any liability or
detriment of any type.
Donna Maher RN and the DonnaMaher.us WebSite reserve the right (but are
not obligated) to do any or all of the following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to
the terms of this section and determine in its sole discretion to
remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or
that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the
DonnaMaher.us WebSite upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas to the
appropriate legal authorities.
Edit or delete any communication(s) posted on the DonnaMaher.us
WebSite, regardless of whether such communication(s) violate these
standards.
And we reserve the right to take any action deemed necessary to protect
the personal safety of our guests or the public. Furthermore, we
have no liability or responsibility to users of the DonnaMaher.us
WebSite or any other person or entity for performance or nonperformance
of the aforementioned activities.
Advertisements, searches and links to other DonnaMaher.us WebSites
Donna Maher RN and the DonnaMaher.us WebSite may provide or allow links
to third-party websites. Donna Maher RN and the DonnaMaher.us
WebSite does not necessarily recommend and does not necessarily endorse
the content on some/any/all third-party websites. Donna Maher RN
and the DonnaMaher.us WebSite are not responsible for the content of
linked third-party websites, websites framed within the
DonnaMaher.us WebSite, third-party DonnaMaher.us WebSites provided as
search results, or third-party advertisements, and does not make any
representations regarding their content or accuracy if they are not
owned or licensed or managed by Donna Maher RN. Your use of third-party
web sites is at your own risk and subject to the terms and conditions
of use for such third-party websites. Donna Maher RN and the
DonnaMaher.us WebSite do not endorse any product advertised on
third-party websites unless it is so specified in the copy associated
with the link(s).
Indemnity
You agree to defend, indemnify, and hold , its officers, directors,
employees, agents, licensors, and suppliers, and , it's officers,
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.
General
DonnaMaher's DonnaMaher.us WebSite is based in Lake City, Florida, in
the United States of America. DonnaMaher.us WebSite make no
claims that the Content is appropriate or may be downloaded outside of
the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access DonnaMaher.us WebSite
from outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. The
following provisions survive the expiration or termination of these
Terms and Conditions for any reason whatsoever: Liability, User
Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Regarding Children:
We do not market to children under the age of eighteen (18) years of
age under any circumstances, nor do we collect information from
them. In the event that such data is accidentally obtained, it is
immediately destroyed upon detection/discovery. We encourage
parents to be proactively involved in your children's online
activities. There is so much information on the internet that
could be harmful to children and we as parents and grandparents must
keep a watchful eye on the safety of our precious heritage.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with
DonnaMaher.us WebSite, or Donna Maher RN, or in any way relating to
your use of the DonnaMaher.us WebSite, resides in the courts of the
State of Florida, County of Columbia, and you further agree and
expressly consent to the exercise of personal jurisdiction in the
courts of the State of Florida in connection with any such dispute
including any claim involving DonnaMaher.us WebSite or Donna Maher RN,
or any affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive
laws of the State of Florida, without respect to its conflict of laws
principles. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any of these Terms and Conditions shall
be deemed a further or continuing waiver of such term or condition or
any other term or condition.
Complete agreement
Except as expressly provided in a particular "legal notice" on
DonnaMaher.us WebSite, these Terms and Conditions and the
DonnaMaher.us WebSite Privacy Policy and Agreement
constitute the entire agreement between you and DonnaMaher.us WebSite
with respect to the use of the DonnaMaher.us WebSite, and Content.
Our legal representatives require this information to be posted
according to FTC and other regulations and we are happy to comply
with same.
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