WEB SITE TERMS AND CONDITIONS
Thank you for visiting HellerGlanz.com. (The site at www.HellerGlanz.com
and all other Web sites owned or operated by HellerGlanz.com,
LLC ("HGLLC") collectively are referred to as the "Site").
The following terms and conditions ("Terms and Conditions")
govern your access to and use of the Site (including without limitation
your purchase of products from this Site). By accessing, viewing,
or using the content, material, or services available on or through
this Site, you indicate that you have read and understand these
Terms and Conditions, and that you agree to them and intend to
be legally bound by them. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO USE THIS SITE AND
SHOULD EXIT IMMEDIATELY.
1. Informational Purposes Only. The information on this Site
is for informational purposes only. No information, services,
or materials offered by or through this Site shall be construed
as or understood to be medical advice or care. The U.S. Food and
Drug Administration has not reviewed the safety or effectiveness
of any products offered or noted on this Site, nor any statements
made in the Site. None of the information on this Site shall be
used to diagnose or treat any health problem or disease. You must
consult with a physician, doctor, or health care provider before
taking any product or using any information on this Site.
2. Children's Protection Policy. CHILDREN UNDER THE AGE OF 18
MUST EXIT THIS SITE IMMEDIATELY AND ARE PROHIBITED FROM USING
THIS SITE. This Site is not written, nor is this Site designed,
for children and therefore is unsuitable for their use. Specifically,
and without limitation, articles, observations, pictures, and
discussion board commentary contained on this Site are not suitable
for children. We urge parents to monitor and guide their children's
use of computers, especially in regard to the Internet, to prevent
children from visiting inappropriate Web sites or opening themselves
to possible of harm of any kind from unscrupulous people.
3. Rules for Use of this Site. By accessing or using the Site
or the products or services made available or offered by or through
the Site, including without limitation the ability to send anonymous
electronic mail messages to others, you - and anyone and everyone
else using the Site through any username or password issued to
you or selected by you - agree that any and all of the following
are strictly prohibited at all times:
· Posting or transmitting any material, whether word,
image or graphic, that is false, libelous, threatening, hateful,
harmful, defamatory, harassing, abusive, slanderous, illegal,
indecent, obscene, pornographic, or embarrassing, or which discloses
to any third person any private or personal matters concerning
any person, all of which shall be determined by HGLLC in its sole
discretion.
· Posting or transmitting material that infringes the copyright,
patent, trade secret, trademark, or other intellectual property
or proprietary rights of any person.
· Representing or portraying oneself as someone other than
who they actually are, or making any false, misleading, or misrepresentative
statement.
· Posting, transmitting or displaying any information about
another person without their consent including, but not limited
to, email address, health condition, or health status, except
to anonymously notify that other person through the anonymous
electronic mail service provided by the Site that they may have
an STD.
· Using the Site or any portion or product or service offered
by or through the Site, including without limitation any or all
public access areas, in any way that violates local, state, national,
or international law.
· Distributing, reproducing, executing, or including in
any material, information, or data posted or transmitted, any
viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer programming routines that damage, harm, disrupt, detrimentally
interfere with, surreptitiously intercept, or expropriate any
system, data or personal information, or that are intended to
do so.
· Allowing, permitting, or causing anyone other than you
to use your user name or password.
· Sending or transmitting unsolicited bulk e-mail, "spam,"
or the same note more than once, or engaging in or conducting
any conduct that restricts or inhibits any other person from accessing
or using this Site as it is intended.
· Posting, transmitting, or distributing advertisements,
promotions, or solicitations without the prior written approval
of HGLLC.
· Engaging in any activity that, in the sole judgment of
HGLLC, exposes HGLLC, its officers, directors, employees, agents,
principals, representatives, contractors, successors, assigns,
vendors, customers, proprietors, partners, shareholders, servants,
predecessors, and attorneys or suppliers ("HGLLC Parties")
to any undesirable actual or potential responsibility or liability.
At any and all times, you are responsible for all information,
materials, content, and data you transmit and post on or via the
Site. Further, HGLLC does not monitor, review, or edit any messages
or materials or information posted by its users, whether via the
electronic mail notification services, the discussion boards,
or otherwise.
4. Privacy Statement. HGLLC has a Privacy Statement disclosing
what information we collect about visitors, how we use such information,
and the steps we take to secure such information. Click here to
view the <Privacy Statement>, which is incorporated into
these Terms and Conditions by reference, as if set forth fully
herein. Please be advised that the confidentiality of any communication
or material transmitted to HGLLC via the Site or Internet electronic
mail cannot be guaranteed, including, for example, personal information
such as your address or name. Alternatively, you may contact HGLLC
by telephone at: Customer Service (9 AM - 5 PM EST / Monday -
Friday) 1-866-475-4424 or Sales and Product Information (24 Hours
/ 7 Days) 1-866-475-4424, or write us at http://securedshoppingcart.com/hg_catalog/contact_us.php.
5. Offensive Materials. This Site may contain health or medical-related
materials that you may find sexually or graphically explicit or
otherwise offensive. Accessing or use of the Site constitutes
acceptance of this risk. The HGLLC Parties have no control over
and accept no responsibility for such materials.
6. Proprietary Rights. HGLLC owns, licenses, or uses pursuant
to legal authority the data, content, graphics, forms, artwork,
and other material for this Site (the "Content"), as
well as the selection, coordination, arrangement, and organization
and enhancement of the Content (also, the "Content")
for this Site. Except as indicated, this Site and Content are
owned or licensed by HGLLC and are Ó 1999-2001 HGLLC and/or
third party licensors. All rights reserved. Any use, reproduction,
or distribution of this Site or Content without HGLLC's advance
written consent is prohibited, except, however, you may download
one temporary copy of these materials on any single computer,
and you may print one copy of these materials for your use in
learning about, evaluating, or acquiring HGLLC's or its licensees'
or licensors' services or products. All trademarks, service marks,
and logos appearing on the Site are proprietary to HGLLC or its
licensors. Use or misuse of these trademarks without HGLLC's advance
written consent is expressly prohibited.
7. Links to Other Sites. This Site may contain links to other
Internet Web sites for the convenience of users in locating information,
products, or services. These sites and any other sites operated
or maintained by third parties are operated or maintained by organizations
over which HGLLC exercises no control, and HGLLC expressly disclaims
any and all responsibility for the Content, links, and other items,
the accuracy and completeness of the information, and the quality
of products or services made available or advertised on these
third-party sites. HGLLC does not control, endorse, promote, or
have any affiliation with any other Web site.
8. Site Content. This Web site is for your personal and non-commercial
use. You may not frame, capture, harvest, collect, or create hypertext
or other links or connections to any part of the Site or Content
without HGLLC's advance written consent. HGLLC is not responsible
for any errors or omissions in the Content or other materials.
HGLLC is not responsible for the accuracy or completeness of the
Content, advertisements, or other items contained within this
Site. HGLLC may make changes to the Content, this Site, or the
products or services made available in connection with this Site
at any time, with or without notice, and makes no commitment to
update any of these items.
9. EXCEPT FOR OUR REFUND POLICY RELATED TO YOUR ABILITY TO RETURN
UNUSED PORTIONS OF UNSATISFACTORY PRODUCTS, YOUR USE OF THE SITE
AND ANY AND ALL PRODUCTS PURCHASED VIA OR IN CONNECTION WITH THE
SITE IS SOLELY AT YOUR RISK. WE HEREBY DISCLAIM ALL REPRESENTATIONS,
WARRANTIES, AND RESPONSIBILITY, AND HEREBY MAKE NO REPRESENTATIONS
OR WARRANTIES, WHATSOEVER, EXPRESS AND IMPLIED, WRITTEN AND ORAL,
ARISING FROM COURSE OF PERFORMANCE, USAGE OF TRADE, COURSE OF
DEALING, OR OTHERWISE, WITH REGARD TO THE SITE, ANY OR ALL PRODUCTS
SOLD VIA THE SITE, OR ANY AND ALL CONTENT, AND EACH AND EVERY
ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD,
THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN CONNECTION
WITH THE SITE, AND ANY AND ALL MESSAGES OR INFORMATION POSTED
OR TRANSMITTED IN CONNECTION WITH THE DISCUSSION BOARD OR THE
MAIL NOTIFICATION SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUALITY, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR
WARRANTIES, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
ABOUT THE TRUTH, SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY
OF THE CONTENT (INCLUDING WITHOUT LIMITATION INFORMATION AND GRAPHICS),
PRODUCTS, OR SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE,
INCLUDING WITHOUT LIMITATION THE DELIVERY OR MISDELIVERY OF ANY
ELECTRONIC MAIL NOTIFICATION SENT VIA THE SITE. THE SITE, ANY
AND ALL CONTENT, AND EACH AND EVERY ELEMENT THEREOF, INCLUDING
WITHOUT LIMITATION THE DISCUSSION BOARD, THE ELECTRONIC MAIL NOTIFICATION
SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND ANY AND ALL
MESSAGES OR INFORMATION POSTED OR TRANSMITTED IN CONNECTION WITH
THE DISCUSSION BOARD OR THE MAIL NOTIFICATION SERVICE, ARE PROVIDED
"AS IS" AND WITH ALL FAULTS.
IN NO EVENT SHALL WE BE LIABLE TO ANY USER OR ANY OTHER PERSON
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER
ARISING FROM OR CONNECTED WITH THESE TERMS AND CONDITIONS, THE
SITE OR ANY CONTENT OR ANY ELEMENT THEREOF (INCLUDING WITHOUT
LIMITATIONS THE INABILITY TO ACCESS THIS SITE OR MISDIRECTED ELECTRONIC
MAIL NOTIFICATIONS), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, LOST DATA, OR LOST PROFITS, REGARDLESS OF LEGAL THEORY,
EVEN IF ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY
OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY
THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
10. IF YOU ARE DISSATISFIED WITH HGLLC'S PERFORMANCE OR NON-PERFORMANCE
OF OBLIGATIONS OR RESPONSIBILITIES IN CONNECTION WITH THE SITE,
THE SITE AS A WHOLE OR ANY PORTION OR PORTIONS OF THIS SITE, OR
WITH ANYTHING ELSE RELATED TO, CONNECTED WITH, OR BASED UPON THE
SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS
WEB SITE. Under no circumstances will the total liability of HGLLC
to you and any and all other persons in connection with, based
upon, or arising from this Site or any Content or any element
thereof or your use of this Site exceed $100. Some jurisdictions
do not permit the exclusion or limitation of liability for consequential
or incidental damages, and, as such, some portion of the above
limitation may not apply to you. In such jurisdictions, our liability
is limited to the greatest extent permitted by law.
11. Indemnification. You shall defend, indemnify, and hold harmless
the HGLLC Parties from and against any and all suits, actions,
claims, proceedings, damages, settlements, judgments, awards,
settlements, obligations, injuries, liabilities, losses, risks,
costs, and expenses (including without limitation attorneys' fees
and litigation expenses) relating to or arising from this Site,
the Content, your use of this Site, your fraud, negligence, violation
of law, or willful misconduct, or any breach by you of these Terms
and Conditions.
12. Use of Services and Product Information. This Site, including
the products displayed on the Site, is intended solely for the
use and benefit of United States citizens residing in the U.S.
The Site shall not be used to send electronic message notifications
to non-U.S. citizens or to non-U.S. residents, nor shall the Site
be used by non-U.S. citizens or non-U.S. residents to send electronic
mail notifications. The products displayed on this Site shall
not be ordered from or delivered outside the United States. The
prices displayed on the Site are quoted in U.S. dollars. Although
we have tried to accurately display the colors of products, the
actual colors you see will depend on your computer monitor and
may depend on other hardware or software used by you. The display
of Content, or other materials on your monitor may or may not
be accurate.
13. Securities Information. This Site and the information contained
herein do not constitute an offer or a solicitation of an offer
for the purchase or sale of any securities. This Site may contain
information and press releases about HGLLC, and although this
information was believed to be accurate as of the date prepared,
HGLLC disclaims any duty or obligation to update such information.
To the extent that any information is deemed to be a "forward
looking statement" as defined in the rules and regulations
of the Securities Act of 1933, as amended, such information is
intended to fit within the "safe harbor" for forward
looking information and is subject to material risk factors which
may or may not be disclosed herein.
14. Use of the Internet. Use of the Internet is solely at your
own risk and is subject to all applicable local, state, national,
and international laws and regulations. Neither HGLLC nor its
contractors will be liable for any loss resulting from a cause
over which they do not have direct control, including, but not
limited to, failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather, earthquakes,
natural disasters, strikes or other labor problems, wars, or governmental
restrictions.
15. Changes; Termination. These Terms and Conditions may be changed
by HGLLC at any time, with or without notice; your continued use
of this Site after any change is made to the Terms and Conditions
signifies your understanding of and intention and agreement to
be bound by such change. It is your responsibility to monitor
these Terms and Conditions for changes. HGLLC reserves the right
to terminate your access to this Site in the event that you violate
these Terms and Conditions or for any reason whatever or no reason,
with or without notice.
16. Governing Law and Jurisdiction. These Terms and Conditions
represent the entire agreement between you and HGLLC with respect
to the subject matter hereof, supersede any and all prior and
contemporaneous written and oral representations, understandings,
and agreements between us, and will be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania
without reference to its conflict of law rules. In the event of
any conflict between these Terms and Conditions and any statement
or omission on the Site or any products or services connected
therewith, these Terms and Conditions shall govern. This Site
is controlled and operated by HGLLC from its offices within the
United States. The waiver or failure of HGLLC to exercise in any
respect any right provided hereunder shall not be deemed a waiver
of such right in the future or a waiver of any of other rights
established under these Terms and Conditions.
Any and all controversies and claims arising out of or relating
to these Terms and Conditions, including without limitation the
breach thereof, shall be settled by binding arbitration administered
by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, and judgment on the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The arbitration proceedings shall be conducted before
a panel of three (3) neutral arbitrators, all of whom shall be
selected from a panel of persons having experience with and knowledge
of commercial activities conducted over the Internet, and at least
one of the arbitrators selected will be an attorney. Except as
may be required by law, neither a party nor an arbitrator may
disclose the existence, content, or results of any arbitration
hereunder without the prior written consent of both parties.