TERMS OF USE
THIS IS IMPORTANT — PLEASE READ
THIS WEBSITE IS OPERATED AND MAINTAINED BY BPW SOLUTIONS, LLC, AN OHIO LIMITED LIABILITY COMPANY.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED IN EXCHANGE FOR BPW SOLUTIONS, LLC GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT AND THIS WEBSITE.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. BPW SOLUTIONS, LLC SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
BPW SOLUTIONS, LLC RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to and bound by this agreement. The website and its owner, operator, BPW Solutions, LLC is a party to this agreement, herein referred to as “Website.”
EDUCATIONAL USE ONLY
Please understand that this website is an educational forum designed to exchange health-related information. The use of this website is not a substitute for treating with a licensed physician, pharmacist or other healthcare provider. The intent of this website is to provide you with additional information to discuss with your personal healthcare team. This website is not to be used as your personal healthcare team. Any advice or information disclosed should not be considered a diagnosis, treatment or medical advice, and is in no way intended to aid you in self-diagnosis or for self treatment.
Medical advice can only be given by a (licensed) healthcare professional who has had a chance to PERSONALLY OBSERVE you and understands your problem, issue or objective.
No matter what testimonials say, no matter what studies say, no matter what opinion says, even the most benign product that 99,999 times out of 100,000 produces great results, may have rare negative consequences for you personally and BPW Solutions, LLC assumes no responsibility for any reason and to any extent we do not know your complete medical history nor is the information presented intended to be a diagnosis or treatment plan for YOUR health problem.
All conditions, diseases, treatments and medical information are discussed in general terms. Because of this, you cannot rely upon this information as being applicable to you. Rather, you must rely upon the advice of your own healthcare team. For example, pregnant women, children or individuals taking medications (whether prescription or OTC) may have significantly different reactions to the information provided on this website. Therefore, everyone, regardless of age, size, sex, health history or use or non-use of medications or OTC medications must consult with their personal healthcare team prior to implementing or using any information or products discussed on this website.
The health field and science change at a rapid pace and because of this, information on this website may be outdated regardless of when it is posted. Furthermore, this site and information provided do not create a physician-patient, pharmacist-patient or healthcare professional-patient relationship of any nature.
Unless otherwise stated, the FDA has not approved this information.
Therefore, this information and any products presented along with it should be used only to inform you about available choices in conjunction with consultation of a healthcare professional. In the event you choose not to consult with a healthcare professional and self-diagnose and/or self-treat yourself, using this information or these products, neither this website, BPW Solutions, LLC, promoters, manufacturers, or distributors, can, nor will, assume any responsibilities for the results. We urge you to implement any treatment program discussed here only after consultation with a healthcare provider who monitors your condition while under treatment. By virtue of this warning and disclaimer, you may not hold us responsible for any adverse effects you suffer and you may not look to us to indemnify you from your own decision to use any product, medication or information provided by this website without checking with your healthcare provider.
WARNING: Nutritional supplements, while usually benign, can produce adverse reactions in some people. Nutritional supplements can interact adversely with other supplement and with prescription drugs or can make prescription drugs ineffective or may boost their potency. As with prescribed drugs, long-term effects from supplements are often unknown. Women who are pregnant or nursing should discontinue all supplements except as directed by their healthcare providers. Parents should not provide supplement to their children or teens except after consultation with their healthcare provider. Never exceed the recommended dosage on the container unless under the supervision and direction of your healthcare provider. If you observe adverse effects, stop taking the supplement immediately and contact your healthcare provider. If you are under age 18, you may not purchase this product from us and you may not lawfully view this Website.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S. $10,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
ADVERTISEMENTS
This website contains hyperlinks for Visitors to visit advertiser’s websites. Although we allow advertisements on this website, we do not adopt or endorse any products or services promoted therein. Further, if you choose to click on one of our advertiser’s hyperlinks, please understand that the respective advertiser may collect information from you. Thus, cookies may be placed on your hard drive and we have no control over what happens with this information. We take no responsibility over the accuracy or content of information provided by the advertisers. We are not responsible for downloads from third party advertisers that contain viruses or worms or other computer codes that cause their computer or software harm. We assume no responsibility for the data collected from the click itself or information collected from the advertiser.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by BPW Solutions, LLC. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of BPW Solutions, LLC.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by BPW Solutions, LLC, no one may hyperlink this website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) for any reason. Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the website. You specifically agree to cooperate with BPW Solutions, LLC to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$10,000 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
BPW Solutions, LLC disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with BPW Solutions, LLC, you have no right to rely on any information contained herein as accurate. BPW Solutions, LLC makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
BPW Solutions, LLC assumes no responsibility for damage to computers or software of the Visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Again, Visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, AT ITS OWN RISK.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. BPW Solutions, LLC makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of BPW Solutions, LLC to allow Visitor’s lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature, relating to or arising from this website.
INDEMNIFICATION
Visitor covenants and agrees at all times to protect, defend, hold harmless, and indemnify BPW Solutions, LLC, its directors, officers, employees, successors, and assigns from and against any and all claims, demands, losses, suits, damages, liability or expenses for loss, damage, or injury, of any kind, or any nature on account of any injuries received or sustained by any person, persons, or entities in any manner whatsoever, including without limitation claims of property damage, (including, without limitation, by reason of negligence or breach of warranty), personal injury, patent, trademark, copyright infringement, advertising claims of any kind, tort claims, slander claims, libel claims, defamation claims, defects in material or workmanship, or otherwise, and even through strict liability by claimed), directly or indirectly caused by, incident to, or growing out of Visitor’s use of the website or breach of this Agreement, or any other agreement with BPW Solutions, LLC, or otherwise arising from Visitor’s negligent, intentional, reckless or willful conduct. Visitor further agrees to take upon itself the settlement of such claims in the defense of any suit, suits, or legal proceedings of any kind brought to enforce such claim or claims, and to pay all judgments entered in such suit, suits, or legal proceedings, and all costs of attorney’s fees or other expenses. Visitor agrees that in any instance where such claims in any way affect BPW Solutions, LLC’s interest under this Agreement or otherwise, Visitor shall not consummate any settlement without BPW Solutions, LLC’s prior written consent. Visitor covenants of indemnity herein shall continue in full force and effect not withstanding the termination or expiration of the Agreement.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and BPW Solutions, LLC is deemed a submission including, but not limited to, posts, statements, blogs, or submissions. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of BPW Solutions, LLC and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to BPW Solutions, LLC, which it wishes to forever allow BPW Solutions, LLC to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
BPW Solutions, LLC retains exclusive authority and sole discretion to monitor, sensor, redact, alter, amend or change in whole or in part, in any manner Visitor’s submissions.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that BPW Solutions, LLC requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (”CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to Visitor’s use of the website, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in Tuscarawas County, Ohio..
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this website shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction will be Tuscarawas County, Ohio. In the event that litigation is in a federal court, the proper court shall be the federal court having jurisdiction over Tuscarawas County, Ohio.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be the state of Ohio.
ASSUMPTION OF RISK
Visitor agrees to accept all risk associated with the use of this website. Visitor warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this website.
LIMITATION OF LIABILITY AND DISCLAIMER
Visitor expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from or related to the use of this website or from subsequent contact with BPW Solutions, LLC or Third Parties.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of these Terms of Use are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Visitor and BPW Solutions, LLC agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
BPW Solutions, LLC’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
CONTACT INFORMATION
BPW SOLUTIONS, LLC 1240 Lincoln Way East Suite 305 Massillion, Ohio 44646
COPYRIGHT AND LICENSE
Adapted from the “Terms of Use” © 2003-2008 by Mining Gold Corporation and Nevada Processing Center, Inc. and is fully licensed for use by this website. If you wish to lawfully use this Terms of Use on your website, contact support@internetlawcompliance.com for licensing information or visit legal documents website. http://www.internetlawcompliance.com
