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Terms
and Conditions
Welcome to the WWW.BARLEY4HEALTH.COM.
("B4H") Web Site (the "Site"). This Site is owned
and operated by eComtek Ltd.
Your access to and use of the Site is subject to the Terms and Conditions
set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY USING THE SERVICE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO
BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SERVICE. WWW.BARLEY4HEALTH.COM MAY, FROM TIME TO TIME, MAKE
CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF THE
SERVICE AFTER WWW.BARLEY4HEALTH.COM MAKES SUCH CHANGES OR ADDITIONS WILL
SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE
PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.
1. WWW.BARLEY4HEALTH.COM,
authorises you to use this Site and to display its content but solely
for your own non-commercial, personal use. Any other use is strictly prohibited.
2. You should assume that everything that you see or read on the
Site is protected under the copyright laws of the United States and other
countries and may not be used except as provided in these Terms and Conditions.
WWW.BARLEY4HEALTH.COM neither represents nor warrants that your use of
materials displayed at the Site will not infringe rights of third parties.
3. While WWW.BARLEY4HEALTH.COM uses reasonable efforts to include
accurate and up to date information in the Site, WW.BARLEY4HEALTH.COM
makes no warranties or representations as to the Site's accuracy. WWW.BARLEY4HEALTH.COM
disclaims any and all liability for the content of this information, including,
but not limited to, the accuracy, completeness, correctness, or currentness
of this information. We are not responsible for and do not honour pricing
errors.
4. WWW.BARLEY4HEALTH.COM offers a full
90 day money-back guarantee. Though you are not guaranteed to get a cure
for any health condition, your satisfaction is guaranteed. If you are
unhappy for any reason, just e-mail: claims@barley4health.com
and your full purchase price will be refunded.
5. Your use of and browsing in the Site are at your risk. Neither
WWW.BARLEY4HEALTH.COM nor any other party involved in creating, producing,
or delivering the Site makes any representations about the suitability
of the content of this Site for any purpose, nor that your use of the
Site will be uninterrupted or error-free.
NO SUCH PARTY SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO,
OR USE OF, THE SITE. EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding the exclusion
of implied warranties. WWW.BARLEY4HEALTH.COM also assumes no responsibility,
and shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to,
use of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from this Site. IN NO EVENT SHALL
WWW.BARLEY4HEALTH.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
6. Any unsolicited communication or material that you transmit to
the Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as, non-confidential
and non-proprietary. Any unsolicited communication or material that you
transmit or post may be used by WWW.BARLEY4HEALTH.COM or its affiliates
for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcasting, distribution or posting. Furthermore,
WWW.BARLEY4HEALTH.COM is free to use any ideas, concepts, know-how, or
techniques contained in any unsolicited communication or material that
you send to the Site for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products using such information.
7. Images of people or places displayed on the Site are either the property
of, or used with permission by WWW.BARLEY4HEALTH.COM. Notwithstanding
anything to the contrary contained herein, the use of these images by
you, or anyone authorised by you, is prohibited unless specially permitted
by these Terms and Conditions or specific permission provided elsewhere
in the Site. Any unauthorised use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. 8. The trademarks, logos, and service marks
(collectively the "Trademarks") displayed on the Site, are registered
and unregistered Trademarks of WWW.BARLEY4HEALTH.COM and others. Nothing
contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of WWW.BARLEY4HEALTH.COM or
such third party that may own the Trademarks displayed on the Site. Your
misuse of the Trademarks displayed on the Site, or any other content on
the Site, except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that WWW.BARLEY4HEALTH.COM will aggressively
enforce its intellectual property rights to the fullest extent of the
law, including the seeking of criminal prosecution.
9. WWW.BARLEY4HEALTH.COM has not reviewed any sites that may be
linked to the Site and is not responsible for the content of any off-site
pages or any other sites linked to the Site. Your linking to any other
off-site pages or other sites is at your own risk.
10. Although WWW.BARLEY4HEALTH.COM may from time to time monitor
or review postings, transmissions, and the like on the Site, WWW.BARLEY4HEALTH.COM
is under no obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity,
danger, or inaccuracy contained in any information within such locations
on the Site. You are prohibited from posting or transmitting any unlawful,
threatening, libellous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise violate any law. WWW.BARLEY4HEALTH.COM
retains the right to remove any such posting and will fully co-operate
with any law enforcement authorities or court order requesting or directing
WWW.BARLEY4HEALTH.COM to disclose the identity of anyone posting any such
information or materials.
11. WWW.BARLEY4HEALTH.COM may give notice to its users by means
of a general notice on this Site, electronic mail to a user's e-mail address
on its records, or by written communication sent by first class mail to
a user's address on its records.
12. Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to Service
Provider's Designated Agent. See Notice and Procedure for Making Claims
of Copyright Infringement. Notification must be submitted to the following
Designated Agent:
(i) Service Provider(s): eComtek Ltd
(ii) Name of Agent Designated to Receive Notification of Claimed Infringement:
Bob McLaughlin
(iii) Full Address of Designated Agent to Which Notification Should be
Sent: PO Box 3853 Auckland New Zealand
(iv) Telephone Number of Designated Agent: 64-9-521 0042
(v) Email Address of Designated Agent: info@ecomtekltd.com To be effective,
the notification must be a written communication that includes the following:
(i) A physical or electronic signature of the person authorised to act
on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed,
or multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
(v) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorised by the
copyright owner, its agent, or the law;
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorised
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
13. None of the products or underlying information or technology available
at this Site may be downloaded or otherwise exported
(i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North
Korea, Sudan, Syria, or any other country to which the United States has
embargoed goods; or
(ii) to anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading from, or using the Site, you represent and warrant that
you are not located in, under the control of, or a national or resident
of any such country or on any such list. You further agree to indemnify
WWW.BARLEY4HEALTH.COM against any and all costs, liabilities, losses or
expenses arising from, or relating to, any asserted violation by you of
any of the laws and administrative regulations of the United States relating
to the control of exports of commodities and technical data.
14. You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site. You agree that
you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content
from our website without the prior expressed written permission of WWW.BARLEY4HEALTH.COM
or the appropriate third party.
15. These terms and conditions shall be governed by and construed
in accordance with the laws of New Zealand, without giving effect to any
principles of conflicts of law. You agree that any action at law or in
equity arising out of or relating to these Terms and Conditions shall
be filed only in the courts located in New Zealand and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provisions of these Terms and Conditions
shall be unlawful, void, or for any reason unenforceable, then the provision
shall be deemed severable from these Terms and Conditions and shall not
affect the validity and enforceability of any remaining provisions. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
16. While WWW.BARLEY4HEALTH.COM uses reasonable efforts to safeguard
the security of the Site, there can be no guaranty that such safeguards
will successfully prevent unauthorised alterations in the content or functionality
of the Site. WWW.BARLEY4HEALTH.COM assumes no liability or responsibility
for any errors, omissions, or unauthorised alterations in the content
or functionality of the Site.
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