Web Site Service Terms and Conditions Agreement

1.  Agreement. STRICTLYHEALTH.COM IS AN INTERNET-BASED ON-LINE INFORMATION AND COMMUNICATION SERVICE. BY ACCESSING OR USING STRICTLYHEALTH.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE STRICTLYHEALTH.COM. STRICTLYHEALTH.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF STRICTLYHEALTH.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

2.  License. We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this web site for your personal use only. 

3.  Privacy. We respect your personal privacy. We will never release your name, street address, or telephone number without your consent except as noted in paragraphs 4 and 5.  You also agree that we may use information you submit to operate this Service and web site, or as required by law.

4.  Use of Personal Information. You agree that Information which may personally identify you such as your name and street address may be gathered, processed or used in the following instances: (1) if you use StrictlyHealth.com to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a StrictlyHealth.com session, the company that sells or provides such physical goods or services (the "Merchant") will obtain information; (2) if you use StrictlyHealth.com to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a StrictlyHealth.com session, the company providing such content, goods or services - the "Content Provider" - may obtain Information; (3) if you obtain dial-up access to StrictlyHealth.com from a third party independent internet access provider (an "IAP"), information relating to you may be obtained by the IAP; and (4) StrictlyHealth.com and your IAP may use Information as is necessary for enforcement of any of the terms of this Agreement.

5.  Your E-Mail Address. Although your e-mail address will not be disclosed directly to a third party, with your prior consent StrictlyHealth.com may use your e-mail address to forward special offers or communications from selected companies to you via StrictlyHealth.com

6.  Links. StrictlyHealth.com contains links to web sites operated by other parties. The links are provided for your convenience only. Neither we nor our suppliers control such web sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. StrictlyHealth.com does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.

7.  Warranty Disclaimer. The information provided through this Service is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. ADVICE RECEIVED VIA THIS SERVICE SHOULD NOT BE RELIED UPON FOR MEDICAL OR HEALTH DECISIONS AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OF PRODUCTS AND SERVICES OR THE TIMELINESS OR ACCURACY OF THE INFORMATION AVAILABLE THROUGH THIS SERVICE FOR ANY PURPOSE. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE. ALTHOUGH OUR SUPPLIERS OR WE MAY UPDATE THE CONTENT ON THIS SERVICE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS

8.  Testimonials. Results are not typical. The average consumer should not expect to experience the attested results. Results are based on a behavior modification which involves eating less, eating healthier and increasing physical activity supported by dietary supplements.

9.  Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STRICTLYHEALTH.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING STRICTLYHEALTH.COM USING YOUR SERVICE ACCOUNT.

10.  Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER STRICTLYHEALTH.COM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF STRICTLYHEALTH.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST STRICTLYHEALTH.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF STRICTLYHEALTH.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF STRICTLYHEALTH.COM.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF STRICTLYHEALTH.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL STRICTLYHEALTH.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF STRICTLYHEALTH.COM ARE HEREBY EXCLUDED EVEN IF STRICTLYHEALTH.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.  Third Party Rights. The provisions of paragraphs 8 (Indemnification) and 9 (Waiver, Release and Limitation of Liability) are for the benefit of StrictlyHealth.com and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

12.  User Representations You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use StrictlyHealth.com in accordance with this Agreement. You agree to be financially responsible for your use of StrictlyHealth.com as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

13.  Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. You agree that any legal action or proceeding between StrictlyHealth.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Newcastle County, Delaware, United States. Any cause of action or claim you may have with respect to StrictlyHealth.com must be commenced within one (1) year after the claim or cause of action arises. StrictlyHealth.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. StrictlyHealth.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

14.  Notice. HealthfulThings.com may deliver notice to you under this Agreement by means of electronic mail, a general notice on StrictlyHealth.com , or by written communication delivered by first class U. S. mail to your address on record in StrictlyHealth.com account information. You may give notice to StrictlyHealth.com at any time by email here. 


15.  Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.