Terms
of Use and Disclaimers
The information contained in
this online site (the "Service") is presented
in summary form only and intended to provide broad
consumer understanding and knowledge of health care
topics. The information should not be considered complete
and should not be used in place of a visit, call,
consultation or advice of your physician or other
health care provider. The Service does not recommend
the self-management of health problems. Information
obtained by using the Service is not exhaustive and
does not cover all diseases, ailments, physical conditions
or their treatment. Should you have any health care-related
questions, please call or see your physician or other
health care provider promptly. You should never disregard
medical advice or delay in seeking it because of something
you have read here.
The information is compiled
from a variety of sources ("Information Providers").
Neither Sportswell Limited nor any Information Provider
shall be responsible for information provided herein
under any theory of liability or indemnity. Liability
of Sportswell Limited or Information Providers, if
any, for damages (including, without limitation, liability
arising out of contract, negligence, strict liability,
tort or patent or copyright infringement) shall not
exceed the fees paid by the user for the particular
information or service provided. In no event shall
Sportswell Limited or any Information Provider be
liable for any damages other than the amount referred
to above, and all other damages, direct or indirect,
special, incidental, consequential or punitive, are
hereby excluded even if Sportswell Limited or Information
Provider has been advised of the possibility of such
damages.
Information accessed through
this online site is provided "AS IS" and
without warranty, express or implied. All implied
warranties of merchantability and fitness for a particular
use or purpose are hereby excluded. Sportswell Limited.
and Information Providers make no warranty as to the
reliability, accuracy, timeliness, usefulness or completeness
of the information. Sportswell Limited. and Information
Providers cannot and do not warrant against human
and machine errors, omissions, delays, interruptions
or losses, including loss of data. Sportswell Limited.
and the Information Providers cannot and do not guarantee
or warrant that files available for downloading from
this online site will be free of infection or viruses,
worms, Trojan horses or other code that manifests
contaminating or destructive properties.
Terms of Use
We work hard to make the Sportswell
site an interesting and enjoyable place, but we cannot
guarantee that our users will always find everything
to their liking. Please read this Terms of Use carefully
before using any of the Sportswell site.
Please read this agreement
carefully before accessing or using this site. By
accessing or using the site, you agree to be bound
by this agreement. The information and services on
this site are provided by Sportswell Limited and its
suppliers, subject to your agreement to the terms
and conditions below.
Use of Information and Services
The information (including
without limitation, advice and recommendations) and
services on the site are intended solely as a general
educational aid and are neither medical nor health
care advice for any individual problem nor a substitute
for medical or other professional advice and services
from a qualified health care provider familiar with
your unique facts. Always seek the advice of your
physician or other qualified health care provider
with any questions you may have regarding a medical
condition and prior to starting any new treatment.
Nothing contained in this site is intended to be used
for medical diagnosis or treatment. The information
and services are provided with the understanding that
neither Sportswell Limited nor its suppliers or users
are engaged in rendering legal, medical, counseling
or other professional services or advice. Your use
of the site is subject to the additional disclaimers
and caveats that may appear throughout the site.
Sportswell Limited and its
agents assume no responsibility for any consequence
relating directly or indirectly to any action or inaction
you take based on the information, services or other
material on this site. While Sportswell Limited strives
to keep the information on this site accurate, complete,
and up-to-date, Sportswell Limited and its suppliers
cannot guarantee, and will not be responsible for
any damage or loss related to, the accuracy, completeness
or timeliness of the information.
User Contributions
Users who post materials to
this site agree to abide by the following rules: (1)
users may not post or transmit material that is libelous,
defamatory, obscene, fraudulent, harmful, threatening,
abusive or hateful, that violates the property rights
of others (including without limitation infringing
use of a copyright or trademark), that violates the
privacy or publicity right of others, or that is in
violation of applicable laws; (2) users may not interfere
with other user's use and enjoyment of this site;
(3) users may not use this site to conduct any activity
that is illegal or that violates the rights of others;
(4) users may not use this site to advertise or sell
products or services to others; and (5) users must
immediately inform Sportswell Limited if they have
reason to believe that a user is infringing any copyrighted
materials. A user posting material represents that
such material is unique to the user or used with permission
of the copyright holder, and assigns to Sportswell
Limited ownership of such material. Sportswell Limited
has no responsibility for the content of any material
posted by users, but Sportswell Limited reserves the
right in its sole discretion to (i) edit or delete
any documents, information or other material submitted
to or appearing on this site, and (ii) refuse access
to the site to any user that violates this agreement.
Sportswell Limited is not responsible for the accuracy
of any messages on this site and you should always
consult a physician or other qualified health care
provider before relying on any information you find
on this site.
Links to Other Web Sites
This site may include links
to other Internet sites solely as a convenience to
users. Sportswell Limited does not endorse any such
sites or the information, material, products or services
contained on or accessible through the sites, and
you access and use such sites, including information,
material, products and services therein, solely at
your own risk.
Disclaimer of Warranty
SPORTSWELL LIMITED AND ITS
SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES
WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS
CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL
SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND.
Limitation of Liability
IN NO EVENT SHALL SPORTSWELL
LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION
AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED
THROUGH THIS SITE, SPORTSWELL LIMITED'S LIABILITY,
IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF
DEFECTIVE GOODS, OR, AT SPORTSWELL LIMITED'S ELECTION,
TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT
EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE
AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE
WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS
Indemnification
You agree to indemnify, defend
and hold harmless Sportswell Limited, its affiliates
and suppliers from any liability, loss, claim and
expense (including attorneys' reasonable fees) related
to (i) your violation of this agreement, and (ii)
your posting of material to this site.
Changes to Site
Sportswell Limited and its
suppliers may make improvements or changes in the
information, services, products, and other materials
on this site, or terminate this site, at any time
without notice. Sportswell Limited may modify this
agreement at any time, and such modifications shall
be effective immediately upon posting of the modified
agreement. Accordingly, you agree to review the agreement
periodically, and your continued access or use of
this site shall be deemed your acceptance of the modified
agreement.
Miscellaneous
This agreement and the resolution
of any dispute related to this Agreement or the site
shall be governed by and construed in accordance with
the laws of New Zealand, without giving effect to
any principles of conflicts of law. Sportswell Limited's
failure to insist upon strict enforcement of any provision
of this agreement shall not be construed as a waiver
of any provision or right. Any legal action or proceeding
between Sportswell Limited and you related to this
agreement shall be brought exclusively in New Zealand.
The Sportswell staff does their
best to ensure that information they post to the Sportswell
site is both timely and accurate. But the news changes
over time and reports that were accurate when posted
quickly become, well, old news. Though we may post
follow-up reports, and may continue to provide access
to the original report, as in an archive of news stories,
for example, we don't go back and change the original
report to reflect new developments. If you're looking
for the most recent information on a given subject,
and not the history of how the story unfolded, be
sure you're not looking at an out of date report.
To obtain access to certain
services on our site, you may be given an opportunity
to register with the Sportswell site. You agree that
the information you supply during that registration
process will be accurate and complete and that you
will not register under the name of, or attempt to
enter the service under the name of, another person.
Sportswell reserves the right to reject or terminate
any user name that, in its judgment, it deems offensive.
Please inform Sportswell if there is a change in the
information you provided at the time of your initial
registration, including any change of address or name,
by returning to the registration screen and resubmitting
an updated profile form.
This agreement has been made
in and shall be construed in accordance with the laws
of New Zealand. By using this service, you consent
to the exclusive jurisdiction of New Zealand, in all
disputes arising out of or relating to this agreement
or use of this website.
In the event that any portion
of this agreement is found to be invalid or unenforceable
for any reason, such invalidity or unenforceability
shall not affect the enforceability or validity of
any other portion of this agreement, which shall remain
in full force and effect and be construed as if the
invalid or unenforceable portion were not part of
the agreement.
We Do Not Resell Names
We respect your privacy and
therefore do not resell or exchange your name or any
related information with other businesses.
Please Respond
If you disagree with any material
you find on our service, we suggest that you respond
by noting your disagreement in email to sportswe@paradise.net.nz.
We invite you to bring to our attention any material
you believe to be factually inaccurate. Please forward
a copy of the material to us, along with an explanation
of your disagreement.
Please Link to This Site
We welcome links to our service.
You are free to establish a hypertext link to this
site so long as the link does not state or imply any
sponsorship of your site by Sportswell. By using the
Sportswell Site, you agree to abide by the terms of
this agreement. We hope you enjoy using the Sportswell
Site, and we welcome suggestions for improvements
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©1998-2006 Sportswell
Limited. All rights reserved. All information is intended
for your general knowledge only and is not a substitute
for medical advice or treatment for specific medical
conditions. The Food and Drug Administration has not
evaluated the statements on this site. These products
are not intended to diagnose, treat, cure or prevent
disease. You should seek prompt medical care for any
specific health issues and consult your physician
before starting a new health or fitness regime. NOTE:
People with a medical challenge, pregnant and lactating
women, and those already under a physician's care
should consult with their physician before using this
product. "Lean -FX" is a dietary
supplement. As individuals differ, so will results.
Use of this online service is subject to this disclaimer
and the Terms of Use
E-mail:sportswe@paradise.net.nz
