NM Natural Healing

Disclaimer

TERMS AND CONDITIONS OF USE OF THIS WEBSITEBY ACCEPTING THE THESE TERMS AND CONDITIONS OF USE, AND/OR BY YOUR ACCESS AND USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

The following terms of use apply to all site users, including ultimate Consumers of information, services and products listed or referenced on the site, as well as individuals and entities providing such information, services and products to Consumers via this site (“Product & Service Providers”).  All terms and conditions of use are subject to change at the discretion of Natural Healing Resources, Inc., (“NHR”) effective and upon notice to you and your continued use of the site.  The term “You” shall mean collectively “Consumer(s) and Service & Product Provider(s).

”Disclaimer THIS SITE DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON THIS SITE.

Use of Content
NHR authorizes you to personally view the material contained on the site and to download a single copy of such material for your personal, non-commercial use, provided that any downloaded copy includes the copyright notice, "Copyright 2008, Natural Healing Resources, Inc. All rights reserved." and with any other copyright or proprietary rights notices that appear in the material copied. You may not use the site nor provide outside links to the site, for any commercial purpose except with NHR’s prior written agreement concerning such purpose or use.

The materials contained on the NHR site are protected by the copyright laws of the United States and other countries. Any use of the content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may be a violation of copyright, trademark and other laws. All rights not expressly granted in these Terms and Conditions of Use are specifically reserved to NHR.  NHR may in its sole discretion terminate your access to this site for any reason at any time.

Use of Site Features and Functions
Consumers taking advantage of special features such as accessing information, using links to purchase goods or services listed on the site or to make any other use of the content, services, products and information contained in, referenced by or obtained through use of the NHR site do so at their own risk and shall hold NHR harmless from any and all liability including, but not limited to, any health claims regarding information, products, products or services posted on the NHR site and Service and Product Provider sites as well as product delivery.

USERS agree to hold NHR harmless from any and all liability for any reason whatsoever, including monetary and health issues that may arise regarding any transaction that occurs between NHR and Consumer and between Consumer and Service and Product Providers.

Consumer agrees to hold NHR harmless from any and all liability for any reason whatsoever, including monetary and health issues that may arise regarding any transactions that occur between Service and Product Providers and Consumer.

Consumer agrees that it will look solely to Service and Product Provider concerning enforcement or implementation of any guarantees and warranties regarding reimbursement for goods and services, as well as pick, pack, and delivery functions whether shopping on-line or at its brick and mortar location.

Privacy & Security
NMH does not share any information collected from the Web site with any third party.

Contact Us
E-mail  support@nmnatural.com

Send mail to:     
Natural Healing Resources
P.O. Box 22993
Santa Fe, NM 87502

Disclaimer of Advertising Claims
NHR makes no warranty or guarantee, express or implied, and hereby disclaims any such warranties or guarantees, for the accuracy of labeling, content, medical efficacy, safety or quality of any products or services advertised on any Product & Service Provider site.

Content Submittal Policy
NHR reserves sole discretion to accept, edit or reject any and all materials submitted to us from USERS. NHR will not be responsible for the return of these items. NHR will not be liable for any payment for any submissions without prior written agreement.

You agree that you will not upload or transmit to the NHR site, its content providers, business associates, advertisers or users, any material that infringes or violates the rights of any party. If you submit any content or communication to the NHR site, you are agreeing that such content or communication is not confidential for any purpose. By making any submission to this site you are representing and warranting that you are the owner of the rights to the material submitted, and you are granting to NHR a permanent, royalty-free, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the content of the submission in any media, in any form or format, now available or developed in the future. If you are not the owner of the rights to the material submitted, you are representing and warranting that the person who owns such rights has granted the above-referenced rights to NHR.NHR may sublicense the rights obtained from you to others without limitation. 

Indemnification
You agree to indemnify and hold NHR, its officers, principals, employees, agents, investors and consultants harmless from and against all claims, actions, demands, losses, expenses, damages and costs, including but not limited to reasonable attorney's fees and accounting fees resulting from, or alleged to have resulted from, your violation of these Terms and Conditions of Use.

Limitation of Liability of NHR NHR site is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the NHR site and content is at your own risk. NHR does not guarantee that the functions of this site will be error-free or uninterrupted, or that this site and server will be absolutely virus-free. Your use of this site involves transmission of data over facilities which are not within the control of NHR, its content providers and advertisers. Therefore, NHR assumes no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of its direct control.

NHR, ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS, TO THE FULLEST EXTENT ALLOWABLE BY THE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.

NHR makes no representations or warranties as to: (1) the accuracy, completeness, reliability, currentness or timeliness of the content, textual material, graphics, links, or data transmission capabilities provided by the NHR site; and (2) compliance with or satisfaction of any governmental regulations requiring disclosure of information concerning products or services offered by content providers or advertisers on the NHR site.

In no case shall NHR, its content providers, business associates, advertisers or any third parties referred to on the NHR site be liable for any damages, including without limitation, incidental and consequential damages, personal injury or death, lost profits or damages from data loss or business interruption, resulting from the use or inability to use the NHR site or its content, whether based on contract, tort or any other legal theory, and whether or not NHR is given notice of the possibility of such damages. NHR shall only be liable for actual damages suffered by you, and only to the maximum amount of $500 (U.S. currency). NHR assumes no liability for your use or misuse of the site, the content, the public areas of the site, including, without limitation, liability for personal injury or death. Any claim brought in relation to your use of the site, the content or the public areas of the site must be brought within one (1) year of the event from which the claim arises. Your remedies set forth in these Terms and Conditions of Use are exclusive and limited to those expressly set forth.

Dispute Resolution
If a dispute arises out of or relates to these Terms of Use, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure.

Unless arbitration is expressly prohibited by applicable statute, or limited as set forth below, any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, by an arbitrator or arbitrators selected in accordance with such rules, as the exclusive remedy in any such dispute. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall only occur in Santa Fe, New Mexico, and shall be governed by both the procedural and substantive law of the state of New Mexico, without giving effect to the principle of conflict of laws, unless specifically preempted by the United States Arbitration Act. Each party to the arbitration shall bear its own costs and attorneys' fees, with the costs of the arbitration being divided equally among the parties.

Notwithstanding the arbitration provision above, NHR may avail itself of the full range of remedies available to it, either individual or together, in connection with any violation of its respective intellectual property rights, including, but not limited to, temporary and permanent injunctive relief, and actions for damages in either state or federal courts, as applicable. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement. In such judicial proceedings, the prevailing party shall be entitled to an award of attorneys' fees and litigation costs, including those at the trial court and all appellate court levels, against the losing party.

Governing Law/Jurisdiction
By use of this site, you agree that exclusive venue for resolution of any disputes between you and NHR, shall be in Santa Fe County, New Mexico, or in the United States District Court for the District and Division that governs NHR’s location. Your use of this site and all relations between you and NHR shall be governed by the laws of the State of New Mexico, without reference to New Mexico’s conflict of law rules, except where specifically preempted by federal law.

Complete Agreement
Except as expressly set forth within any separate notice contained in the NHR site or any other written agreement between you and NHR, these Terms and Conditions of Use constitute the entire agreement between you and NHR the use of the NHR site and content. These Terms and Conditions of Use may be modified by NHR at any time, with or without advance notice. By your continued use of the NHR site, you agree to monitor these Terms and Conditions of Use for any changes, and that such changes will be binding upon you. None of these Terms and Conditions of Use may be waived except in a written instrument signed by an officer of NHR. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition.

If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force and effect.

Revised August, 2007.

 

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