Terms Of Use Agreement

Last Updated March 24, 2009

    * I. Introduction
    * II. Not Healthcare Advice
    * III. Purchases
    * IV. Privacy
    * V. Copyright; Trademarks
    * VI. Links; Third Party Websites
    * VII. Disclaimer; Limitation of Liability
    * VIII. Indemnification
    * IX. Site Usage; Termination of Usage
    * X. User Content and Conduct
    * XI. Applicable Law; Jurisdiction
    * XII. Severability; Interpretation
    * XIII. Entire Agreement
    * XIV. Miscellaneous
    * XV. Copyright Policy
    * XVI. Contact Information

I. Introduction

Welcome to Floraheal’s website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the agreement between Floraheal (collectively, "Floraheal" or "we") and each user ("you" or "user") governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.

We may, in our sole discretion, modify this Agreement with or without notice to you. The "Last Updated" date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

II. Not Healthcare Advice

The products, information, services and other content provided on and through this Site, including information that may be provided on the Site by a healthcare or nutrition professional employed or contracting with Floraheal and/or any products, information, services and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding treatment options.

The information provided on this Site and Linked Sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.

You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.

Floraheal is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site.

III. Purchases

If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.

IV. Privacy

Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site , account registration, and any other personal information provided by you in accordance with our Privacy Policy.

V. Copyright; Trademarks

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Floraheal or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Floraheal or the respective copyright owner. Floraheal authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of Floraheal and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Floraheal and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Floraheal and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Floraheal. Floraheal will enforce its intellectual property rights to the fullest extent of the law.

VI. Links; Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Floraheal does not control or endorse any such third party websites. You agree that Floraheal Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Floraheal expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Floraheal Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

VII. Disclaimer; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, VS DIRECT INC., ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "FLORAHEAL PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, FLORAHEAL PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLORAHEAL PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLORAHEAL PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLORAHEAL PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.

FLORAHEAL PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLORAHEAL AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF FLORAHEAL PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM FLORAHEAL ON THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

VIII. Indemnification

You agree to indemnify, defend and hold harmless Floraheal Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

IX. Site Usage; Termination of Usage

You are required to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Floraheal has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Floraheal has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Floraheal of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Floraheal. Floraheal Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

You further agree that you will not access this Site by any means except through the interface provided by Floraheal for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of Floraheal is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of Floraheal is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

Floraheal makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Floraheal Parties, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or Floraheal. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Floraheal also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in Floraheal's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Floraheal Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Floraheal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Floraheal Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

You agree that Floraheal may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Floraheal, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Floraheal Parties.

Sections IV, VII through XII and XIV shall survive any termination of this Agreement.

X. User Content and Conduct

Where applicable at the Site, you are invited to post your own content ("User Content"). You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, Floraheal cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will Floraheal be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. FLORAHEAL IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.

By posting any User Content at the Site, you hereby grant Floraheal a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.

You acknowledge and agree that Floraheal may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Floraheal, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Floraheal worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Floraheal shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. FLORAHEAL SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.

You agree that you will not use the Site to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of Floraheal, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) "stalk" or otherwise harass another; or
(l) collect or store personal data about other Site users.

You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Floraheal does not endorse or have control over the User Content. User Content is not reviewed by Floraheal prior to posting and does not reflect the opinions or policies of Floraheal. Floraheal makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. Floraheal assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time Floraheal chooses, in its sole discretion, to monitor the Site, Floraheal nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, Floraheal and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Floraheal's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other Site users. Floraheal reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access if Floraheal determines, in its sole discretion, that doing so is prudent.

XI. Applicable Law; Jurisdiction; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Florida and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Broward County, Florida.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FLORAHEAL HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR FLORAHEAL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

XII. Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

XIII. Entire Agreement

This Agreement constitutes the entire and only Agreement between Floraheal and each user of this Site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

XIV. Miscellaneous

The failure of Floraheal Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of Floraheal Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

XV. Policy

We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Floraheal's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
Floraheal
4846 N. University Dr
#421
Lauderhill, FL 33351

XVI. Contact Information

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.

Privacy & Security Policy

Last Updated March 24, 2009.

1. General Information
2. Personal Information We Collect
3. Aggregate Information
4. Cookies and Other Tracking Information
5. How We Use and Share Personal Information
6. Your Privacy Rights - California
7. Privacy Preferences/Opt-Out
8. Security
9. Children's Privacy
10. Changes to Privacy Policy
11. Third Party Websites
12. Third Party Ad Servers
13. Miscellaneous

I. General Information

This website, and the various content, features and services offered on this website (collectively, the "Site"), is owned and/or operated by Floraheal (collectively, "Floraheal," "we," "us," "our" or similar pronoun). Floraheal is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. Floraheal has established this privacy policy ("Privacy Policy") to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Except as expressly provided herein, this Privacy Policy applies only to information that we collect on the Site and does not apply to information which we may collect by other means.

II. Personal Information; Changes to Personal Information

Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, telephone number, e-mail address, credit card information, billing address, items you purchase on the Site and your browsing and buying patterns (to the extent associated with other Personal Information).

In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to make a purchase on the Site, we require you to register for an account and provide Personal Information. Moreover, other features or services may require you to provide Personal Information. For example, we may collect certain Personal Information if you choose to subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, or send questions or comments to us via e-mail. Of course, should you purchase any products on the Site, we will collect Personal Information from you, which we will use to fulfill your order and for other purposes consistent with this Privacy Policy.

We may also collect certain demographic information (such as gender or age) and information about your interests and preferences ("preferences information"). In many cases, such demographic and preferences information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy.

For some features of the Site, you may be able to submit information about other people. For example, if you wish to e-mail an article from the Site or send information about an interesting product to a friend, you will submit your friend's e-mail address, or if you make a purchase for another person on the Site and want it shipped directly to that person, you may submit the recipient's name, address and certain other contact information. Floraheal will use and store any such information that we collect from you about another person to carry out your request and for our own internal marketing purposes.

III. Aggregate Information

From time to time, Floraheal may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. Floraheal may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.

IV. Cookies and Other Tracking Technologies

Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive for record-keeping purposes. For example, we may use cookies to collect information about website activity and to maintain your shopping experience in our online store. We never save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. Moreover, your ability to complete a purchase may be compromised without enabling cookies in your Internet browser.

You may occasionally get cookies from our advertisers or other third parties with links on the Site (as in Section XII). We do not control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that "serve up" webpages, automatically identify your computer by its IP address. We may link the information we record using tracking technologies to Personal Information we collect at the Site for our own internal marketing and advertising efforts. However, we do not share this Personal Information with third parties. In addition, we reserve the right to use IP addresses and other tracking technologies to identify a visitor only when we feel it is necessary to enforce compliance with the Site's policies, to protect the Site, our customers or others, or when we believe in good faith that the law requires it.

The Site may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on the Site. These tracer tags are used to help us optimize and tailor the Site for you and other Site visitors.

Pop-up blockers or stoppers prevent extra pop-up windows (usually advertisements) from opening in your browser. Pop-up blocking software often has negative effects on other "good" software. If you disable JavaScript pop-up ad windows, you may also disable other website functionality that uses JavaScript. If you're using a pop-up blocker that allows you to manage a list of "pop-up friendly" sites, please refer to your Help files and add the URL of this Site to your approved list to ensure maximum functionality at the Site.

V. How We Use and Share Personal Information

How We May Use Your Information
With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any purchases you make on the Site (including any customary follow-up or confirmation communications regarding such purchases), process your catalog requests, enter you into sweepstakes, establish an account for you, respond to your questions or send e-mails to our mailing list subscribers. We may also use Personal Information to ensure compliance with our policies and applicable law. We use your e-mail address as a customer identifier on the Site. In addition, we may send you periodic communications by e-mail or regular mail, such as news updates, special promotional offers or information on our products or services which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the instructions in Section VII. Notwithstanding the foregoing, we reserve the right to send you certain non-promotional communications relating to the Site, such as service announcements, e-mail related to purchases you have made, or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.

With Whom We May Share Your Information
Floraheal has not and will not share your Personal Information with third parties for their direct marketing purposes. However, we may share and disclose your Personal Information to third parties for other purposes, as set forth in this Privacy Policy.

We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. Floraheal will take reasonable steps to ensure that these third party service providers are obligated to protect Personal Information on Floraheal's behalf.

As Floraheal develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that Floraheal or all of its assets are acquired, customer information would be one of the transferred assets.

Floraheal fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request, or in connection with litigation. Floraheal reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use Agreement, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Site, or to protect the rights or property of Floraheal, its affiliates, or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors. Floraheal also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

VI. Your Privacy Rights - California

As stated in Section V, we do not share your Personal Information with third parties for their direct marketing purposes, regardless of your state of residence.

Also please note that Floraheal collects, processes and uses Personal Information in connection with the Site and otherwise and is not a third party for purposes of this Privacy Policy.

VII. Privacy Preferences/Opt-Out

You can change or update your Personal Information on the Site by accessing your account page.
Floraheal also offers you control over your privacy preferences through a request submitted at our Unsubscribe page, where you can request to not receive promotional materials from us. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed.

If you do not want to receive promotional e-mails from Floraheal, please follow one of the three options below:
1. You may opt-out from receiving promotional e-mail when registering for an account. When providing your account information, simply uncheck the box that asks whether you would like to receive e-mail updates about our new features, services and special offers, and we will not send you any promotional information via e-mail.
2. You may unsubscribe from receiving promotional e-mails of certain types (or a company wide unsubscribe) at any time by using the Unsubscribe page. Click here to unsubscribe now. Please pay careful attention to the various options for unsubscribing from our promotional e-mails. You may have the option to unsubscribe from one or more special interest e-mail lists or unsubscribe from all promotional e-mails from us.
3. When you receive an e-mail from Floraheal, it will contain a link that allows you to stop the delivery of e-mail messages from us. If you decide to use this opt-out link, you will no longer receive special offers, valuable coupons, new product introductions and informational health and wellness newsletters from Floraheal; however, you will continue to receive non-promotional e-mails from us, such as order confirmations.

VIII. Security

Floraheal intends to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. When you transmit Personal Information from your PC to our servers, your information is protected by both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.

If you create an account on the Site, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.

With respect to general credit card security online, you can take the steps below to increase the security of your credit card information:
1. Limit your online shopping to Internet merchants, such as Floraheal, offering websites equipped with Secure Sockets Layer (SSL) technology. SSL assists in preventing unauthorized interception of your sensitive data.
2. Use a browser, such as Netscape Navigator or Internet Explorer, that supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL.

Credit card information collected by Floraheal is encrypted through SSL before it is transmitted over the Internet.

IX. Children's Privacy

This Site is not intended for use by children under the age of 13 and Floraheal does not knowingly collect or use any Personal Information from such children. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

X. Changes to Privacy Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the "Last Updated" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. If you have questions about this Privacy Policy, or believe that Floraheal has acted inconsistently with this Privacy Policy, please Contact Us.

XI. Third Party Websites

Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Floraheal would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies.

While we support the protection of our customer's privacy on the Internet, Floraheal expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

XII. Third Party Ad Servers

As of the effective date of this Privacy Policy, we do not have relationships at the Site with third party ad server networks. However, we may at some point engage third party ad server networks to serve advertisements within or in connection with the Site. Because your web browser must request these advertising banners from the ad networks' servers, these companies can send their own cookies to your cookie file, just as if you had requested a web page from the Site. Please note that if an advertiser on a third party ad server network asks us to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-34 who have viewed sports-related vitamins) and you respond to that ad, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. However, we would only authorize third party ad servers to employ anonymous cookies for ad delivery and anonymous targeting. We would not knowingly permit a third party ad server to collect Personal Information about you. If you want to prevent a third party ad server and/or third party service provider from sending and reading cookies on your computer, you must visit each third party ad server network's website individually and opt out (if they offer this capability).

XIII. Miscellaneous

This Privacy Policy and the privacy practices of Floraheal will be subject exclusively to the laws of the State of Florida within the United States. Floraheal makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer, processing and use of your information outside your country.

Purchase Policy

Last Updated March 24, 2009

This Purchase Policy is part of our Terms of Use Agreement, and any capitalized terms used but not defined in this Purchase Policy will have the same meaning as in our Terms of Use Agreement. Unless otherwise expressly provided on the Site, if you would like to purchase any merchandise or products offered on the Site (collectively, "Products"), your purchase will be governed by the terms of this Purchase Policy.

I. Payment methods and Billing

If you wish to purchase Products at the Site, you must provide valid credit or debit card information on the Site's order form. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER. By submitting such credit or debit card information, you give Floraheal permission to charge your purchases to the card that you designate on the order form. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.

II. Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.

Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.

III. Order Returns

You may return any item purchased from Floraheal for any reason within thirty (30) days of purchase. For online and catalog orders, the Product ship date is the date of purchase. You will receive a full refund for unopened items in the original form of payment and merchandise credit for opened items. You may mail the Product and receipt to: Floraheal, ATTN: Returns, 4846 N. University Dr, #421, Lauderhill, FL 33351. Shipping and handling charges are non-refundable. For returns via mail, you must carefully package the Product, you are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period. Floraheal reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.

For more information on our Return Policy, please click here.

IV. Shipping and Handling; International Orders

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. International shipment rates vary based on total package weight and final destination. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes.

With respect to shipments of Products to consumers, wherever they may reside, title to Products and risk of loss shall pass to the buyer upon delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information, and in the event that any Product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied. For more information on shipping our Shipping Policy, please click here.

V. Pricing or Typographical Errors

We work hard to provide accurate product and pricing information.

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