TERMS AND CONDITIONS STATEMENT
Acceptable Use Policy
This Acceptable Use Policy specifies the actions prohibited by Dvryl International and its wholly owned subsidiaries (“Company”) to users of the COMPANY website and it’s products. COMPANY reserves the right to modify this Policy at any time.
COMPANY. is committed to providing high-quality products and services for its customers. COMPANY also is committed to being a responsible member of the internet community. Therefore, COMPANY holds both itself and its customers to a higher standard of accountability as set forth in this Acceptable Use Policy. COMPANY’s Acceptable Use Policy specifies the actions prohibited by COMPANY to users of the COMPANY website. COMPANY reserves the right to modify this Policy at any time. If COMPANY receives abuse complaints, COMPANY will work diligently to resolve these complaints with our customers. However, if a customer does not abide by COMPANY’s Acceptable Use Policy or otherwise fails to cooperate adequately in the resolution of any complaint, COMPANY may assess the customer a fee of $100 per abuse complaint and may immediately restrict or terminate the customer’s services, at COMPANY’s sole discretion, in addition to any other remedy that may be available to COMPANY.
The COMPANY’s website’s and it’s products may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law, policy, rule, or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws. COMPANY has the right, in its sole discretion, to take such action as necessary, including but not limited to: blocking or suspension or termination of the customer’s services, relative to any material that in COMPANY’s sole judgment violates this Policy. COMPANY is not responsible nor will COMPANY be liable for the removal of, failure or delay in removing any such material.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A COMPANY WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A COMPANY NETWORK OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. COMPANY DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY COMPANY NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
System and website security
Violations of system or website security are prohibited and may result in criminal and civil liability. COMPANY will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or website security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system, network or website
Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
Sending or causing to be sent unsolicited electronic mail messages (spam), including, without limitation to commercial advertising and informational announcements is explicitly prohibited. COMPANY customers may not alter the headers of outbound email messages to conceal an email address or to prevent recipients from responding to a message. Additionally, a valid reply-to address is required for all outbound email from our website. A user shall not use Company’s mail server to deliver bulk email of 100 or more recipients per mailing, or another site’s mail server to relay mail without the express permission of the site. COMPANY reserves the right to take any and all legal and technical action required to prevent mail relaying, and unsolicited email from entering, utilizing or remaining within the COMPANY Network. A customer running its own mail server may not relay through Company’s mail servers. If Company receives complaints resulting from an open relay, the customer may be subject to network restrictions, deactivation and/or an assessed fee of $100 per complaint. POP (Post Office Protocol) mail clients should be configured to check for new mail at intervals no shorter than 5 minutes. A customer performing excessive checks for new mail may be blocked from accessing the POP mail server until proper customer configuration changes have been made.
Distribution of Internet Viruses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses and other destructive activities such as cracking is expressly prohibited.
Engaging in activities, whether lawful or unlawful that COMPANY determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations is expressly prohibited.
You agree to indemnify, defend and hold harmless COMPANY from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our website or network; or (5) your use of our website or network.
Modification of the Policy and Agreement
We reserve the right to modify this Acceptable Use Policy at any time, effective upon its posting, as modified, on mybodymanual.com. You agree to the Acceptable Use Policy by accessing or using our Website, products or services, or by sending any electronic transmission via our systems.
Any failure to insist upon or enforce performance of any provision in this Acceptable Use Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Acceptable Use Policy. COMPANY may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Disclaimer of Warranty
All content, materials, products, services and information on this website are given on an “as is” and “as available” basis, without warranties of any kind, either said or implied. Neither MyBodyManual.com or DiabeticManual.com or WeightManual.com nor any of its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this website’s information or any other website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if the legal entity of these above mentioned websites are notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.
The Product Descriptions
MyBodyManual.com attempts to be as accurate as possible and require all sellers to be so. However, we do not claim that any content of this website is accurate, complete, reliable, current or error free. Nor do we claim that any of our sellers product information is reliable, current or error free.
We may, at its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services or prices offered through this website or our affiliated websites we control.
Trademarks and Copyrights
You agree that all content appearing on the website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio sections, icons, digital downloads, data compilations and computer software, are the sole property of its owners or its partners and suppliers, and are protected by United States and international copyright laws. All content on this website is the exclusive property of the above named websites and protected by United States and international copyright laws. All software used on this site is the property of their respective owners and protected by United States and international copyright laws.
The proprietary owners of the above mentioned websites do not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this site without the prior written consent of the owners or legal representatives. Registered and unregistered proprietary information is owned and held by the proprietary owners and therefore, you may be liable for infringement or misappropriation or other legal action if you misuse this website in any form either mentioned or unmentioned.
Third Party Websites and third party information
Any 3rd party websites are independent from any of the sites represented on MyBodyManual.com, and the legal proprietary owners have no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. MyBodyManual.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the factors from 3rd party websites
Your Restrictions As A User
This website is for your personal use. You agree that you will not use this website for any purpose including, but not limited to; to monitor, gather or copy content on this website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other “hidden text” any name or any trademarks from these websites. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website without prior written approval from the respective proprietary owners of these products.
Users are granted permission to browse and use the website for your information only. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this website or the exploitation in any other manner of any content of this website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing from the respective lawful owners, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this website is strictly prohibited.
About Unlawful Conduct, – your agreement
You agree that you are prohibited from posting or transmitting to MyBodyManual; DiabeticManual.com; WeightManual.com any libelous, defamatory, obscene, inflammatory, pornographic or profane way. We reserves the right to seek all remedies for violations of these terms and conditions.
You agree to hold harmless MyBodyManual.com, its affiliates, officers, employees, agents, licensors and licensees from any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising with your use of this website.
You state that you are 18 years of age or older.