Use of Maxcelint Laboratories Inc. Website
By using this website (collectively referred to as the “Website”) you agree to be bound by the Terms and Conditions set forth herein. Maxcelint Laboratories Inc. (herein “MLI”) reserves the right, at its sole discretion, to make changes to its Website, make changes to these Website usage Terms and Conditions, make changes to the policies and conditions that govern the use of this Website, restrict an individual’s access to this Website at any time, or to terminate this Website without notice. It is recommended that you, as a user of this Website, read these Terms and Conditions each time you enter the Website for any updates or changes. Your continued access or use of this Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by these Terms and Conditions, you may not use, and must immediately cease your use of this Website. When you access this Website, you also acknowledge that you have read and agree to abide by the Terms and Conditions described in the MLI Privacy Policy.
Website Copyright
The entire contents of this Website are copyrighted under U.S. Federal Law. Any materials or images from this Website may not be copied, downloaded, distributed, or transmitted in any form or manner without the prior specific written consent of MLI.
Lawful Use, Purpose and Responsibility
All material on this Website is provided for lawful use and purposes only. You agree not to use the material on this Website for any illegal purposes, or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe on the intellectual property or other legal rights of another, or that violates any federal, state, or local law. You agree that MLI may, at its sole discretion, terminate your access to this Website, without notice, if MLI believes you have in any way violated the Terms and Conditions as set forth herein, or have violated any federal, state, or local law. Additionally, you acknowledge that you are solely responsible for your usage of this Website, and fully agree to hold MLI harmless for your acts, omissions, misuse, or illegal acts connected with your use of this Website.
Informational and Educational Purposes
The information contained on this Website is provided for informational and educational purposes only. It is not meant to substitute for the medical advice provided by your doctor or other healthcare professional. You should not use the information available on, through, or referenced on this Website for diagnosing or treating any health problem, health concern, or disease, or for prescribing any medication. This includes, but is not limited to, information that may be provided by healthcare and/or nutrition professionals who are employed by MLI, or who have contracted with MLI. The information and statements on this Website regarding the Dietary Supplements of MLI have not been evaluated by the Food and Drug Administration unless specifically so stated. Please read the MLI Disclaimer.
Modifications
MLI reserves the right to modify or discontinue, temporarily or permanently, this Website in its entirety and/or any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that MLI shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
Submission of Information and/or Materials
Other than personally identifiable information, which is addressed under the MLI Privacy Policy, any information, including but not limited to remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to MLI through this Website is the exclusive property of MLI.
The user acknowledges the originality of any submission communicated to MLI and accepts responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate.
MLI is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. Except as may be provided in the MLI Privacy Policy, any information or materials submitted to MLI will be treated as non-confidential and non-proprietary, and MLI will not have any obligation to use or evaluate any information MLI receives from you. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by MLI shall in no way impair the right of MLI to contest the validity of your patent, trademark or copyright.
Links
The MLI Website provides links to other third-party websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that MLI is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that MLI shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with your use of or reliance on any such content, goods or services, available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you fully agree that you do so at your own risk.
Sale of Products
You may be provided with the opportunity to purchase products and/or services through the MLI Website and/or from third-party websites linked to the MLI Website. Products and/or services purchased through third-party websites are subject to the terms and conditions of such other parties and their websites, and you fully understand and agree that MLI shall have no liability or responsibility theretofore.
Indemnity
You fully agree to indemnify and hold MLI and its parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the MLI Website, your connection to the MLI Website, your violation of these Terms and Conditions, or your violation of any rights of any other party. This indemnity survives termination of these Terms and Conditions.
Disclaimer of Warranties
You expressly and fully agree that your use of the MLI Website is at your sole risk, and is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to and under applicable laws.
MLI and its parents, affiliates (and their franchisees and licensees), and subsidiaries (herein collectively “affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MLI and its affiliates make no warranty, express or implied, that the MLI Website, or any services, products, or information obtained on or through the Website, will meet your requirements or will be uninterrupted, timely, secure, or error free. Furthermore, MLI does not make, or its affiliates make, any warranty, express or implied, as to the results that may be obtained from the use of the MLI Website or any services, products, or information obtained on or through the Website, or as to the accuracy, completeness or reliability thereof. MLI makes no commitment to update or correct any information that appears on this Website or any website linked to this Website.
You fully understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from this Website is done at your own discretion and risk, and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. MLI is expressly not responsible for any technical, hardware or software failures of any kind, lost or unavailable network connections, incomplete, or garbled or delayed computer transmissions. Under no circumstances will MLI or its suppliers be liable for any damages or injury that may result from the use of the materials on this Website. MLI and its affiliates make no warranty regarding any goods or services purchased or obtained through or from this Website, or any transactions entered into through this Website. No information, suggestions, or advice, whether oral or written, obtained by you from MLI, or through or from any service or product on the MLI Website shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.
MLI may make changes to its Website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by MLI. MLI does not endorse those sites and is not responsible for the content of such other sites. Please read the MLI policy governing such links.
Liability Restrictions
You fully agree that MLI and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Website or any services, products, or information obtained on or through the Website, even if MLI or its affiliates have been advised of the possibility of such damages, including, without limitation, damages from personal injury, downloading any material contained on or accessed through the Website, linking to any third-party website from the MLI Website, any unauthorized access to any information on the Website and/or submitted by you, to, or through the Website, cost of procurement of substitute goods and services, any goods or services purchased or obtained through or from the Website, or messages received or transactions entered into through or from the Website, and/or loss of profits, use, data or other intangible losses.
You further and fully agree that MLI and its affiliates shall not be liable for any damages arising from interruption, suspension, or termination of the Website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.
Domestic Use/Export Restriction
MLI controls the MLI Website from its Corporate Headquarter Offices within the United States of America. MLI makes no representation that the Website or its contents (including, and without limitation, any products or services available on or through the MLI Website) is appropriate or available for use in other locations outside the U.S. Users who access the Website from outside the U.S. do so at their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the U.S. export control laws prohibit the export of certain technical data and software to certain territories. No content from the MLI Website may be downloaded in violation of any U.S. law.
Enforcement of Terms and Conditions and Jurisdiction
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any claim relating to the MLI Website, the MLI Website Terms and Conditions, and the relationship between you and MLI shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. You and MLI agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
Entire Agreement and Claim/Cause of Action Limitation
These Terms and Conditions, along with the MLI Privacy Policy, constitute the Entire Agreement between you and MLI with respect to the MLI Website and it use, provided, however, that certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms which may be located on particular pages on the MLI Website. MLI’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by MLI. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. You fully agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the MLI Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred from doing so.
Right of Revision and Agreement Termination
MLI reserves the right to revise these Terms and Conditions at any time by updating this online posting. MLI may terminate this Agreement at any time without notice for any reason. Website users may terminate this Agreement by destroying all materials and all copies thereof obtained from the Website.
Disclaimers
The Dietary Supplements and other substances written, expressed, referenced or discussed on this Website may not have undergone evaluation and/or testing by the U.S. Food and Drug Administration (FDA) or other like agency of any other country. Any possible risks that might be determined by such testing are unknown. Where these substances are Dietary Supplements, they are not intended to diagnose, treat, cure or prevent any disease. In some jurisdictions or countries, some of these substances may be considered prescription drugs, controlled or contraband substances. Because the information published on the MLI Website is accessible to anyone throughout the world, consumers are cautioned to check with their local and regional legal counsel and health care professionals before making any purchase of products and/or services on or from the MLI Website. MLI does not give legal or medical advice. The policy opinions expressed on the MLI Website, and on sites to which it may link, are not necessarily the views of MLI and are not adopted for commercial purposes.
Intellectual Property Rights
All U.S. and International Patents and Trademarks on MLI products and indicated on the MLI Website are the exclusive property of MLI with all rights reserved. These Intellectual Property rights remaining in full force and effect at all times and under all circumstances, and include when and if MLI products or Website information is used by or licensed to others, including but not limited to Dealers, Licensed Professionals, Dietary Supplement Manufacturers, Contract Manufacturers, Wholesalers, Distributors, Advertising Agencies, Affiliates, Suppliers, Sponsors, or those who offer MLI products for sale, regardless of whether or not a business entity or an individual. MLI Patents and Trademarks cannot be used without the express written permission of MLI.
All content of the MLI Website and on the MLI product labels, including but not limited to all text, photos, graphics, artwork, and any and all other material is the Copyrighted Private Property of MLI (with the exception of that acquired from third-parties as noted where applicable) and may not be, or cause to be, published, broadcast, rewritten, reproduced, redistributed, or transmitted in any manner without the express written permission MLI.
If you have any questions regarding Copyright or use of the materials on this Website, contact MLI, Attention: Intellectual Property Dept.
Privacy
MLI operates under a strict set of privacy principles, taking care to respect the privacy of its online visitors. Please read the MLI Privacy Policy.
Advertising Policy
In order to provide quality health information, news and tools in a timely manner to our visitors, MLI may permit advertising on its Website. However, MLI will not allow outside advertisers to affect the quality or accuracy of information on its Website, and will maintain a stringent policy of editorial independence. MLI will maintain complete editorial independence with respect to its content in every regard and circumstance. MLI does not permit advertisers or other third-party sponsors to make changes to content, or to introduce biased content into the MLI Website or any portion thereof. MLI will clearly identify all advertisements, sponsorships, and sponsor-related material on the MLI Website. MLI will not provide or sell any information to a third party that would allow it to identify a person’s individual medical or diet circumstances or conditions.
Translation Disclaimer
The official language of the MLI Website is American English. While the MLI Website may offer machine translations of the Website contents for customer convenience, MLI is not responsible for any errors or omissions in those translations.
Contact
Should you have questions or concerns about these legal notices and/or the practices of the MLI Website, please contact the MLI Corporate Headquarters, attn: Legal Dept.
Effective Date
The effective date of these Terms and Conditions is October 1, 2010.
Copyright © 2016 Maxcelint Laboratories Inc. (MLI). All Rights Reserved.