Effective Date: June 11, 2015
1. License Grant. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the Website shall be as determined by Medix Health in its sole discretion.
2. Restrictions. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein. Specifically, and by way of illustration and not limitation, you may not (a) separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of Medix Health and/or its licensor(s), (b) use any “deep link,” “page scrape,” “robot,” “spider,” or other device, program, script, algorithm, or methodology to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, (d) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, (e) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Medix Health on or through the Website, (f) use the Website to harvest or collect e-mail addresses or other contact information, or (g) use the Website in a manner that could damage, disparage, or otherwise negatively impact Medix Health.
3. Health Related Information. The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Medix Health) for diagnosing or treating a health problem or disease, or prescribing any medication. The information is not intended as specifically applicable to any individual’s medical problem(s), concerns and/or needs. When using the Website, as with all matters concerning your health in general, you should always seek the advice and guidance of a qualified health provider before: (a) making any adjustment to any medication or treatment you are currently using, (b) stopping any medication or treatment you are currently using, or (c) starting any new medication or treatment, whether or not it was discussed on the Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
4. Products for Personal Use. The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By purchasing any product through us, you agree not offer the products, or samples thereof, for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of this TOU.
5. User Obligations. By downloading, accessing, or using the Website, you represent that you are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a Website registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at your own risk. Medix Health is not responsible for the security of any information transmitted to or from the Website.
6. Other Terms and Conditions. Additional notices, terms, and conditions may apply to a particular program, product, service or event. You agree to abide by such other notices, terms, and conditions or agreement, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Website, Medix Health shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such program, product, service or event.
8. User Name Handling Policy. Registration may be required for access to certain areas of the Website. These restricted member portal areas may further require both a user name and a password or adherence to other particular access requirements as designated by Medix Health. By using the Website, you agree to keep your user name and password confidential, and to immediately notify Medix Health if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Medix Health will not be liable for any loss or damage arising from your failure to comply with these obligations.
9. Forums. The Website may contain blogs, comment areas, and other interactive features and functionality where you can share and post information and/or photos, video, or audio. To the extent that the Website contains such communication forums (referenced collectively herein as “Forums”), you agree that by using the Website you will not upload, post, display, or transmit any of the following materials on the Website’s Forums:
· statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
· unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
· statements or material that is bigoted, hateful, racially offensive, or contains vulgar, obscene, profane, or otherwise objectionable language or images,
· statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
· statements or material that impersonates any other person or entity,
· statements or material that misrepresents your affiliation with any entity and/or Medix Health,
· statements or materials that are deceptive or misleading,
· statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
· statements or material that are “off-topic” for a designated Forum, and
· files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.
10. User Submissions. By submitting content, feedback, suggestions, material, or information of any type (a "Submission") to Medix Health or any portion of the Website, you automatically grant Medix Health a royalty-free, irrevocable, non-exclusive right and license, for a period of five (5) years, to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such Submission (in whole or in part) worldwide in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission. You represent and warrant that such Submission does not infringe or violate the intellectual property or proprietary rights of any third party, and that you have all rights necessary to convey to Medix Health and enable Medix Health to use such Submission. You also acknowledge that such Submission is non-confidential for all purposes and that Medix Health has no control over the extent to which the Submission may be used by any party once it is posted or displayed. Notwithstanding this right and license, it is understood that Medix Health is merely a distributor (and not a publisher or creator) of such Submission. Moreover, Medix Health assumes no responsibility for the deletion of or failure to store any Submission.
11. No Pre-Screening of Submissions. Medix Health is not responsible for screening, policing, editing, or monitoring your or another user’s Submissions. Moreover, Medix Health does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Medix Health reserves the right to monitor, delete, or take other action with respect to Submissions (or parts thereof) that Medix Health believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to Medix Health. If you violate this TOU, Medix Health may, in its sole discretion, delete the unacceptable content from your Submission, remove or delete the Submission in its entirety, issue you a warning, and/or terminate your use of the Website.
12. Copyrights and Copyright Agent. Medix Health respects the intellectual property of others and in this regard, it is Medix Health's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law. Responses may include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating a user's access to or use of the Website. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide Medix Health’s Copyright Agent the following information:
· A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
· A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
· A description, in reasonable detail, of where the material that you claim is infringing is located on the Website;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Copyright Agent, Newsmax Media, c/o Medix Health, 750 Park of Commerce Dr., Boca Raton, FL 33487. Phone: 561-686-1165 x1246. Email: Copyright@newsmax.com.
13. Proprietary Rights. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Unless otherwise indicated, Medix Health owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You expressly acknowledge and agree that Medix Health transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. “Medix Health” and all other names, designs, logos, and icons identifying Medix Health and its programs, events, solutions, or services are proprietary trademarks of Medix Health, and any use of such marks without the express written permission of Medix Health is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
14. Smart Ship Program.
Smart Ship Program for Standard Orders. Medix Health offers the Smart Ship Program as an option when placing a standard order for a three month supply of a supplement. If you enroll in the Smart Ship Program, Medix Health will automatically process a renewal order for a 90-day supply of your supplement beginning about 90 days from the day you place your order and every 90 days thereafter. The renewal orders will automatically be charged to the credit card on file and the orders will be mailed via USPS Priority Mail to your shipping address of record. The amount that will be charged for each renewal order is listed on the relevant product page at http://www.medixselect.com/items/products and will also be included in the Order Confirmation email you will receive whenever a Smart Ship order is processed. You may cancel or modify your enrollment in the Smart Ship Program at any time by calling (800) 500-HEALTH (1-800-500-4325). Unused bottles of Smart Ship orders are eligible for a refund if returned within 30 days of delivery (return shipping charges will not be reimbursed). If you return a product to us and we receive it after this 30-day refund period has passed, it will not be eligible for a refund and we will not exchange or return the product back to you. Smart Ship Enrollment is optional; you may elect to order any of Medix Health’s products without Smart Ship enrollment by selecting the 30-day supply or 90-day supply without the Smart Ship Program when ordering.
Smart Ship Program for Trial Offers. Trial offers come with enrollment in the Smart Ship Program. This means that Medix Health will automatically process a renewal order for a 90-day supply of your supplement beginning about 22 days from the day you sign-up for the trial offer and every 90 days thereafter. The renewal orders will automatically be charged to the credit card on file and the orders will be mailed via USPS Priority Mail to your shipping address of record. The amount that will be charged for each renewal order is listed on the relevant product page at http://www.medixselect.com/items/products and will also be included in the Order Confirmation email you will receive whenever a Smart Ship order is processed. You may cancel or modify your enrollment in the Smart Ship Program at any time by calling (800) 500-HEALTH (1-800-500-4325). The initial 30-day trial supply bottle is not eligible for a refund; however, unused bottles of renewal orders are eligible for a refund if returned within 30 days of delivery (return shipping charges will not be reimbursed). If you return a product to us and we receive it after this 30-day refund period has passed, it will not be eligible for a refund and we will not exchange or return the product back to you.
15. Third Party Products & Services. Medix Health, in its sole discretion, may feature and/or post on the Website advertisements, logos, materials, programs, products, and services of third parties over which Medix Health has no control. Medix Health makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products, and services. Medix Health expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and you agree that Medix Health shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
16. Links to Other Websites. Medix Health may provide links, in its sole discretion, to other sites for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by Medix Health and are maintained by third parties over which Medix Health exercises no control. Accordingly, Medix Health expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
17. Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, Medix Health MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. Medix Health MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Medix Health ALSO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF LOSS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.
18. Limitation of Liability. You expressly absolve and release Medix Health from any claim of harm resulting from a cause beyond Medix Health's control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Medix Health BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Medix Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Florida as applied to agreements entered into and completely performed in the State of Florida. You agree to the personal jurisdiction by and venue in the state or federal courts in the State of Florida, Palm Beach County, and waive any objection to such jurisdiction or venue.
20. Enforcing Security on the Website. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. Medix Health reserves the right to view, monitor, and record activity on the Website without notice or permission from you, including, without limitation, by archiving communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions.
21. Termination. Medix Health may terminate or suspend this TOU or operation of or access to the Website at any time without notice to you. Without limiting the foregoing, Medix Health shall have the right to immediately terminate your access to the Website in the event of any conduct by you which Medix Health, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this TOU. The provisions concerning Medix Health's proprietary rights, user Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
22. Waiver & Severability. The failure of Medix Health to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
23. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Medix Health as result of this TOU or your utilization of the Website. This TOU represents the entire agreement between you and Medix Health with respect to use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Medix Health with respect to the Website. You may not assign or transfer any rights under this Agreement without the prior written consent of Medix Health. Please note that Medix Health reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Medix Health may add, modify, or delete any aspect, program, or feature of the Website. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.