Terms & Conditions
These Terms and Conditions govern Your use of the Native Remedies Blog located http://www.nativeremedies.com/blog (the “Blog”). Please read these Terms and Conditions carefully. By accessing and using this Blog, You are subject to these Terms and Conditions, which may be updated by Native Remedies from time to time without notice to You. You are advised to check for updates periodically. You agree to be bound by this Agreement, whether You are a “Visitor” (which means that You simply browse the Blog) or You are a “Member” (which means that You have registered to post comments to the Blog). The terms “You”, “Your” and “User” refers to a Visitor or a Member and refers to all persons and/or entities using this Blog for any reason. “Native Remedies”, “We”, “Our”, is defined as Native Remedies and all of its subsidiaries, affiliates, franchisees and licensees and their respective websites (“the Network”).
These Terms and Conditions will remain in full force and effect while You are a User of the Blog at any level in existence now or in the future. Native Remedies reserves the right, in its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Blog and immediate termination of Your registration with or ability to access the Blog and/or any other services provided to You by Native Remedies, upon any breach by You of these Terms or if Native Remedies is unable to verify or authenticate any information You submit to the Blog. Even after You are no longer a User of the Blog, certain provisions of these Terms and Conditions will survive.
When You sign up to post comments You will be asked to choose a user name and password. You are entirely responsible for maintaining the confidentiality of Your password and are solely responsible for any and all use of Your account. You agree not to use the account, username, or password of another Member at any time or to disclose Your password to any third party. You agree to notify Native Remedies immediately if You suspect any unauthorized use of Your account or access to Your password.
You agree to use the Blog only for purposes that are lawful and permitted by Native Remedies. Native Remedies specifically prohibits the following:
1. Posting comments that make any claims that a particular dietary supplement or supplement ingredient can diagnose, treat, cure or prevent any disease or medical condition;
2. Posting information to the Blog that contains “hidden” keywords or keywords that are irrelevant to the property or are otherwise misleading;
3. Posting any incomplete, false, inaccurate or misleading information or information which is not Your own accurate information;
4. Deleting or changing another persons’ information posted on the Blog;
5. Posting or transmitting any message, information, data, text, software or images, or other material that may invade another’s privacy or publicity rights or is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, racist, sexist or otherwise objectionable in the sole opinion of Native Remedies.
6. Posting any information regarding a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity;
7. Posting a sexually–explicit image or statement;
8. Using any device, software or routine to interfere or attempting to interfere with the proper working of the Blog or any activity being conducted on the Blog, or taking any action that imposes an unreasonable or disproportionately large load on the Blog’s infrastructure;
9. Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Blog other than the search engine and search agents available from Native Remedies on the Blog and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Firefox, Opera, etc.);
10. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Blog;
11. Aggregating, copying or duplicating in any manner any of the Native Remedies Content or information available from the Blog without providing proper attribution to Native Remedies; or
12. Transmitting, distributing, erasing or storing material in violation of any applicable law or regulation or in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
You are also prohibited from violating, attempting to violate, or aiding and abetting in the attempt or violation of the security of the Blog, including, without limitation:
1. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
2. Accessing data not intended for You or logging into a server or account which You are not authorized to access;
3. Forging any TCP/IP packet header or any part of the header information in any e-mail or posting;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Blog, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mailbombing” or “crashing”; or
5. Sending unsolicited e-mail, “junk mail”, “chain letters”, including promotional materials and/or advertising of products or services, or any other form of solicitation.
Violations of system and network security may result in civil or criminal liability.
By using this Blog, You agree to defend, indemnify, and hold harmless Native Remedies, from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from Your breach of the Terms and Conditions of the Blog.
Limitation of Liability & Disclaimer of Warranties
All conditions, warranties, undertakings, representations and other terms of any kind whatsoever, express or implied (whether by statute, common law or otherwise), in respect of the Blog or in connection with it and any information posted there are hereby excluded by Native Remedies to the fullest extent permitted by law and Native Remedies shall have no obligation, duty or liability whatsoever to You.
Native Remedies uses reasonable care in compiling and presenting the information found on this Blog. However, the accuracy of information supplied by commenters is not within the control of Native Remedies. Native Remedies does not certify that it has verified any information in any comment entered into the Native Remedies Blog or available on this Blog, and does not assume liability for errors, omissions, inaccuracies, incompleteness, misinformation, typographical errors, outdated information or broken links found on the Blog.
The Blog is provided on an “as is” and “as available” basis without any representation or endorsement from Native Remedies and it makes no warranties of any kind, whether express or implied, in relation to the Blog, including but not limited to, implied warranties of satisfaction, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. Native Remedies makes no warranty that the Blog will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Blog or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. Native Remedies will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
IN NO EVENT WILL Native Remedies BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES- EVEN IF Native Remedies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO You. IF THE LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Native Remedies’s MAXIMUM LIABILITY TO You FOR ANY TYPE OF DAMAGES, regardless of the cause of action (be it in contract, tort, breach of warranty, equity or otherwise) SHALL BE LIMITED TO THE AMOUNT YOU PAID TO NATIVE REMEDIES FOR ANY SERVICE OR $50.00USD, WHICHEVER IS LESS.
Intellectual Property and Right to Use
The contents of the Blog and of all other Web sites under Native Remedies’ control, currently or in the future, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other Native Remedies Content (“Content”), are protected under both United States and foreign copyright, trademark and other laws. All such Content is the property of Native Remedies or its suppliers, clients and/or licensors, unless expressly indicated otherwise. The compilation (meaning the collection, expression, arrangement and assembly) of all Content on the Blog is the exclusive property of Native Remedies and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Content may violate these laws, and is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any Content. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of Native Remedies or any third party, except as expressly granted herein.
Native Remedies, through its subsidiaries, maintains a number of trademarks, trade names and service marks in the United States and certain other countries, including, but not limited to NATIVE REMEDIESä. Moreover, Native Remedies has exclusive rights to the domain Nativeremedies.com.
Native Remedies does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Your Content”) that You post to the Blog. After posting Your Content to the Blog, You continue to retain all ownership rights in Your Content, and You continue to have the right to use Your Content in any way You choose. By displaying or publishing (“posting”) any Content on or through the Blog, You hereby grant to Native Remedies a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content on and through the Blog and within the Native Remedies Network. You expressly waive in favor of Native Remedies and any other party authorized by Native Remedies all moral rights and any similar rights in any jurisdiction that You may have or hereafter acquire in respect of Your Content. At the request and expense of Native Remedies, You will execute and deliver to Native Remedies such instruments and take such other actions as may be required to carry out this grant of license and waiver.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Native Remedies to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Native Remedies by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if You believe that Your work has been copied and posted on the Blog in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information, pursuant to the Digital Millennium Copyright Act: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Blog; (iv) Your address, telephone number, and email address; (v) a written 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; (vi) a sworn statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Native Remedies’ Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Native Remedies, 6531 Park of Commerce Blvd., Suite C-160 Boca Raton, Florida 33487 U.S.A ; Facsimile: 1.561.544.6020; Attn: Paulette Gough; email@example.com
The Blog contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Native Remedies, and Native Remedies is not responsible for the contents of any linked web or any hyperlink contained in a linked website. The Blog provides these hyperlinks to You as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Blog. Your linking to any such website is entirely at Your own risk.
Native Remedies makes no claims that the Blog may be lawfully viewed or downloaded outside of the United States. Access to the Blog may not be legal by certain persons or in certain countries. If You access the Blog from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
The Terms and Conditions constitute the entire agreement between You and Native Remedies and governs Your use of the Blog, superseding any prior agreements between You and Native Remedies with respect to the Service. You also may be subject to additional Terms and Conditions that may apply when You use or purchase certain other Native Remedies products or services.
Choice of Law and Forum
The Terms and Conditions and the relationship between You and Native Remedies shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Native Remedies agree to submit to the personal and exclusive jurisdiction of The Circuit Court of the Fifteenth Judicial Circuit of Florida or the U.S. District Court in and for Palm Beach County.