|Terms and Conditions||Call us @ 1-866-858-3185|
|Last Updated: November 3, 2010|
TERMS AND CONDITIONS OF USE OF
The Institute of Better Health WEBSITE
1. Welcome to Viraway.com. This site is provided as a service to our customers. Please review the following basic rules that govern the use of our site (the "Agreement"). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to the terms. Since The Institute of Better Health may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
2. Copyrights and Trademarks. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual or proprietary property owned, controlled or licensed by The Institute of Better Health, one of its affiliates or by third parties who have licensed their materials to The Institute of Better Health and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of The Institute of Better Health and is also protected by U.S. and international copyright laws.
3. Use of This Site. This site and all of its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. YOU MAY NOT USE OUR PRODUCTS LISTED IN THIS SITE OR USE THE MATERIALS DISPLAYED ON THIS SITE TO RESELL OUR PRODUCTS TO ANY PERSON(S) THROUGH ANY PERSONAL WEBSITE OR AUCTION WEBSITE (E.G. EBAY). No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software. All Content and software used on this site is the property of The Institute of Better Health or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Your access to and use of this Website is subject to these Terms, which incorporate the separately posted Privacy Statement and Security Statement, as well as any modifications to them issued by The Institute of Better Health and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Viraway.com Website.
Among other things, this Website provides information concerning various products and services, and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in this Website in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within this Website contains SPECIFIC TERMS AND CONDITIONS concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
4. Changes in Terms. The Institute of Better Health shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of this Website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on this Website. You are responsible for reviewing this Website periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by The Institute of Better Health to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than The Institute of Better Health shall be valid or enforceable against The Institute of Better Health unless expressly agreed to in writing signed by a duly authorized officer of The Institute of Better Health.
5. Termination. These Terms are effective until terminated by The Institute of Better Health in its sole discretion. The Institute of Better Health may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. The Institute of Better Health shall also have the right without notice, and at any time, to terminate this Website or any portion thereof, or any products or services offered through the Viraway.com Website, or to terminate any individual's right to access or use the Viraway.com Website.
6. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Viraway.com site and your purchase of the items on this Website. YOU MUST BE LEAST 18 YEARS OLD TO USE THIS WEBSITE.
7. Linked Third Party Sites. Links to other Internet sites operated by third parties, including The Institute of Better Health suppliers or vendors, do not constitute sponsorship, endorsement, or approval by The Institute of Better Health of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by The Institute of Better Health and it is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
8. Prices and Orders. All prices displayed on the The Institute of Better Health Website are quoted in U.S. dollars. The Institute of Better Health may restrict delivery to addresses within the United States and Canada. The Institute of Better Health will add shipping and handling fees and applicable sales/use tax in accordance with its then existing policies. The Institute of Better Health reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on its Website without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on this Website do not imply endorsement of that product or service, or constitute a warranty, by The Institute of Better Health. The receipt by you of an order confirmation does not constitute The Institute of Better Health acceptance of an order. Prior to The Institute of Better Health acceptance of an order, verification of information may be required. The company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from The Institute of Better Health. The Institute of Better Health reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, The Institute of Better Health shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, The Institute of Better Health shall promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election. The risk of loss and title for all products purchased by you and shipped by The Institute of Better Health pass to you upon The Institute of Better Health delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of The Institute of Better Health vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
9. Disclaimer and Limitation of Liability as to the Viraway.com Website and Content. THE INSTITUTE OF BETTER HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS, AND DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE INSTITUTE OF BETTER HEALTH WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE INSTITUTE OF BETTER HEALTH WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL THE INSTITUTE OF BETTER HEALTH, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE INSTITUTE OF BETTER HEALTH OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF THE INSTITUTE OF BETTER HEALTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Disclaimer and Limitation of Liability as to Products and Services. We want you to be completed satisfied with your purchase. If for any reason you are not entirely pleased with a product you purchased on the THE INSTITUTE OF BETTER HEALTH Website, simply return the item in accordance with our 100% guarantee and easy returns policies. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturer's warranties may vary from product to product. PRODUCTS AND SERVICES SOLD BY THE INSTITUE OF BETTER HEALTH ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, THE INSTITUE OF BETTER HEALTH MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, THE INSTITUE OF BETTER HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE THE INSTITUE OF BETTER HEALTH WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL THE INSTITUE OF BETTER HEALTH, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE THE INSTITUE OF BETTER HEALTH WEBSITE, EVEN IF IT HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Institute of Better Health LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
11. Indemnification. You agree to defend, indemnify, and hold harmless The Institute of Better Health, its vendors, owners, affiliates, related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and expert fees), arising out of or relating to your breach of these Terms or your access to or use of this Website. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any product or service provided to you arising out of or relating to your use of this Website.
12. User Comments, Feedback, and Other Submissions. All comments, feedback, e-mail, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Viraway.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "Comments") shall be and remain The Institute of Better Health property. Such disclosures, submission or offer of any Comments shall constitute an assignment to The Institute of Better Health of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, The Institute of Better Health will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Institute of Better Health shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
13. Applicable Laws. These Terms and Conditions of use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principle of conflicts of law. You agree that any dispute arising from or in any way relating to this Website will be brought exclusively in Federal or State Courts of the State of New Jersey, and you irrevocably agree to submit to the jurisdiction of such Courts. If any provision of these Terms and Conditions of Use shall be deemed unlawful, invalid or unenforceable for any reason, then that provision(s) shall be deemed severable from the Terms and Conditions of Use, and shall not affect the validity or enforceability of the remaining provisions. 14. Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by The Institute of Better Health of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
15. Acts Beyond Control. The Institute of Better Health shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.