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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

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