2. Intended use of the Site. The Site, its features, and its Content are for personal and non-commercial use only. You may not use or otherwise exploit the GHW Site and/or any Content in connection with any business or commercial undertaking. Your use of the GHW Site and/or content must at all times comply with all applicable laws, rules and regulations.
3. Content we make available on the GHW Site. GHW may make available via the GHW Site content, including but not limited to information, comments, reviews and other texts, photos, pictures, and other images, films, movies, music, and other audio files, software, applications, or games (together referred to as “Content.”) GHW, our affiliated entities and/or our licensors own all Content made available through the GHW Site. Such content is subject to copyright, trademark, or other intellectual property rights and laws. Unless expressly state otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without prior expressed written approval. In addition, you acknowledged that the GHW Site itself is protected by copyright law. You further acknowledge that GHW owned the trademarks OmegaXL, ProbioticXL, New You, and all associated Great HealthWorks trade names, service marks and logos. All other trademarks used on the GHW Site are the property of their respective owners. PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUG THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALITIES INCLUDING WITHOUT LIMTATION FOR COPYRIGHT INFRINGEMENT.
4. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the GHW Site. Please note that by sharing Content through the GHW Site, your Content may become publicly accessible. You grant GHW and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use reproduce, distribute, adapt, (including without limitation, edit, modify, translate, and reformat) derive, transmit, display, and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for GHW and/or the affiliated entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to maximum extent permitted by law. The foregoing licenses shall survive any termination of your use of the GHW Site. For all of the Content you share through the GHW Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the GHW Site, complies with all applicable laws, rules, and regulation and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware.
5. Rules of Conduct. In using the GHW Site, you agree to comply with the following “Rules of Conduct” as updated from time to time. GHW will fully cooperate with any law enforcement authorities and/or court order requesting or directing GHW to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct including but not limited to, anyone that has posted information or materials in violation of the Rules or Conduct and GHW reserves the right to moderate, any such information or materials at any time from this GHW Site. While we may monitor and moderate your Content submitted via the GHW Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user generated Content on the Site.
a. You are prohibited from posting or transmitting through or in connection with the Site:
i. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane, or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
ii. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may or is intend to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
iii. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” or investment opportunity, or other form of solicitation; and
iv. Any material non-public information about a company without the proper authorization to do so.
b. In addition, you will not:
i. Not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
ii. Not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
iii. Not to use, frame, or utilize framing techniques to enclose any GHW trademark, logo, or other proprietary information (including the images found on the Website or on any GHW social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the company’s written consent;
iv. Not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
v. Not to use meta tags or any other “hidden text” utilizing a GHW company name, trademark, or product name without GHW’s written consent;
vi. Not to deep-link to the GHW Site without the GHW’s written consent;
vii. Not to use a false identity or an identity of another person on the GHW Site, allow any person besides yourself to use your account information to access the GHW Site or use or share another party’s information on the GHW Site;
viii. Not to collect or store personal data about others;
ix. Not to attempt to obtain unauthorized access to the GHW Site or portions of the GHW Site that are restricted from general access;
6. Links. The GHW Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
8. No Warranty; Disclaimer. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NYM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NYM DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NYM MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY NYM WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. Termination, Suspension, Revision of Website. You agree that GHW may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that GHW shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on GHW’s liability shall survive any such termination, suspension or revision.