Liability Disclaimer and User Agreement
This disclaimer applies to all websites managed by Herganics LLC (“HERGANICS”).
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content on all websites associated with HERGANICS, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice.
HERGANICS does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided herein is solely at your own risk. The information provided on all websites associated with HERGANICS, including Herganics.com, is designed to support, not replace, the relationship that exists between patient/site visitor and his/her physician. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on HERGANICS websites.
MEDICAL DISCLAIMER. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS.
HERGANICS websites are offered to you, the user (“User”), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of these sites constitutes acceptance of these terms and conditions.
HERGANICS reserves the right to offer websites directly to you or through its authorized agents and contractors. User agrees to use HERGANICS websites as permitted by applicable local, state and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy HERGANICS’, its contractors’ or another user’s computer system, network, software, program, documentation or data contained therein; 2) use HERGANICS websites to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to HERGANICS websites by other users will be deemed an unauthorized use.
Anyone using HERGANICS websites expressly consents to administrative monitoring at all times by HERGANICS and/or its authorized agents and/or contractors. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit these websites immediately.
Disclaimer of Liability and Reliability
While every effort has been made to offer current, correct, and clearly-expressed information on HERGANICS websites, HERGANICS and its authorized agents and contractors make no representations or warranties about the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of said information. In addition, website content has been compiled by HERGANICS staff from a variety of sources and is subject to change without notice to the User.
In any situation where the official printed publications of HERGANICS differ from the text contained in HERGANICS websites, the official printed documents take precedence. THE SERVICES, INFORMATION AND DATA MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. HERGANICS AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. HERGANICS also reserves the right to temporarily or permanently discontinue its websites, any page, or any functionality on its websites at any time and without notice.
HERGANICS is committed to protecting children’s privacy. HERGANICS websites are not intended or designed to attract people under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
Links to Third Parties’ Websites
There are links and pointers to third party Internet websites contained in HERGANICS websites. These sites linked from HERGANICS websites may not be under HERGANICS’ control. HERGANICS and its authorized agents and contractors do not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. HERGANICS and its authorized agents and contractors do not intend any third party links to be referrals or endorsements of the linked entities by HERGANICS, and they are provided for convenience only. Each individual site may have its own set of policies governing the usage of information contained therein. The User assumes sole responsibility for use of third party links and pointers.
Disclaimer of Damages
By using HERGANICS websites, the User assumes all risks associated with the use of HERGANICS websites, including any risk of User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a HERGANICS web page, HERGANICS websites or the User’s access to it. HERGANICS AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION ON HERGANICS WEBSITES OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH HERGANICS WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF HERGANICS WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HERGANICS AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. HERGANICS and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association with User
The User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and HERGANICS or its authorized agents or contractors as a result of this Agreement or use of HERGANICS websites. User agrees not to hold himself or herself out as a representative, agent, or employee of HERGANICS and HERGANICS and its authorized agents and contractors shall not be liable for any representation, act or omission of the User based on this agreement or use of HERGANICS websites.
Trademarks and Copyrights
All trademarks, service marks, and logos or copyrights displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.
As a condition of use of HERGANICS websites, the User agrees to indemnify HERGANICS, their respective governing board members, officers, employees and agents, and contractors against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of HERGANICS websites, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
This Agreement is governed by the laws of the State of Florida, USA. The User consents to the exclusive jurisdiction and venue of courts in Palm Beach County, Florida, USA, in all disputes arising out of or relating to the use of HERGANICS websites. Use of HERGANICS websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
HERGANICS’ performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of HERGANICS’ right to comply with law enforcement requests or requirements relating to the User’s use of HERGANICS websites or information provided to or gathered by HERGANICS with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
HERGANICS websites contain forms through which Users may request information or supply feedback to HERGANICS. In some cases, telephone numbers, e-mail addresses or return addresses are required so that HERGANICS can supply requested information to you. After the User fills out a form, HERGANICS may contact User with follow-up information (unless an “opt-out” box is checked on the form). HERGANICS does not provide any information supplied on its web forms to any outside organization for any reason (other than where may be required to by law: HERGANICS does not save this personal information for any other reason.
Occasionally, HERGANICS may survey visitors to its websites. The information from these surveys is used in aggregate form to help HERGANICS understand the needs of its visitors so that it can improve its websites. HERGANICS generally does not ask for information in surveys that would personally identify the User. If HERGANICS does request contact information for follow-up, the User may decline to provide it. If survey respondents provide personal information (such as an e-mail address) in a survey, it is shared only with those HERGANICS employees, authorized agents or contractors who need to see it to respond to the matter.
“Phishing” is a scam designed to steal personal information. If the User receives an e-mail that looks like it is from HERGANICS asking for your personal information, the User should not respond. HERGANICS will never request the User’s password, username, or other personal information through e-mail.
Username and Password
In the event the User accesses any HERGANICS websites requiring a username and password, the User is solely responsible for keeping such Username and password strictly confidential.
HERGANICS collects non-personal information such as website usage, traffic patterns, site performance and related statistics based on its tracking of the User’s visits to HERGANICS websites.
HERGANICS web servers automatically collect the IP (Internet Protocol) address of the computers that access HERGANICS websites. An IP address is a number that is assigned to the User’s computer when the Internet is accessed. It is not truly personally identifiable information because many different individuals can access the Internet via the same computer. HERGANICS may use this information in aggregate form to better understand how its websites are being used and how it can better serve its visitors. Although such information is not personally identifiable, HERGANICS can determine from an IP address a visitor’s Internet Service Provider and the geographic location of his or her point of connectivity.
Security of Your Information
HERGANICS forms are encrypted to protect the User’s privacy. Once the information is sent to HERGANICS websites, it is kept in secure databases where it is not available to users on the Internet.
HERGANICS periodically reviews and modifies, where appropriate, its security policies and procedures. HERGANICS uses reasonable care to protect personally identifiable and confidential information provided by the User to its websites. HERGANICS has a security program in place that seeks to mitigate this risk substantially.
Agreement in its Entirety
This Agreement constitutes the entire agreement between the User and HERGANICS (and its contractors and agents) with respect to HERGANICS websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and HERGANICS with respect to HERGANICS websites. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in HERGANICS websites; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.