The Site provides general information about acne, treatment approaches, and skin care tips in general. From time to time, the Site may also include advertising content created by Agency or its affiliates for the purpose of promoting certain of their products. In these instances, Company will endeavor to include appropriate disclosures advising you that the content is intended specifically for this purpose.
License and Copyright
Copyright covers most of the content of the site, including, without limitation, the design, text, graphics, images, video files, other files, and data. ALL RIGHTS RESERVED Copyright © 2018 healthandiet.com and/or its licensors. The foregoing license grant does NOT include the right for you to:
- Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.
- Sell, market, distribute, or make commercial use of the Site or any Content.
- Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).
- Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company, its affiliates, or any third party.
Service Marks & Trademarks
The name of Agency, and all other names, logos, or slogans used on the Site to identify our services, are trademarks or service marks of Agency. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any Metatags or any other “hidden text” utilizing the name of Agency, or any other name, logo or slogan of Agency, without our plain permission. Additionally, all page headers, custom graphics, button icons, and scripts are trademarks, service marks and/or trade dress of Agency and may not be copied or used, in whole or in part, without our prior written permission. All other trademarks and service marks, including owner names, product names and logos mentioned herein, are the property of their respective owners.
Company may provide links to websites and other content as a service to those interested in this information. We are providing these links as a convenience to you. When leaving this Site, you should be aware that this Site’s Terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL “COMPANY” OR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE AGENTS, MEMBERS, DIRECTORS, OFFICERS, OR EMPLOYEES (COLLECTIVELY THE “RELEASED PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.
In using this Site users (or if a minor, his/her parent or legal guardian) expressly waive any and all claims that they may have against Company and its affiliates. You agree to indemnify, defend, and hold the Released Parties harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
The parties agree that the substantive law governing this agreement, including any claim, dispute, or controversy arising between Company and you hereunder (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims), shall be the laws of France, without giving effect to any conflict of law provisions thereof.
Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of France, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Paris, France. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the Terms and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction.
Neither user nor Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify our staff within 30 calendar days from the date of first use of the Site.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.