The following Giveaway is intended for viewing, or as applicable, participation in the United States only and shall only be construed and evaluated according to United States law. Do not proceed in this sweepstakes if you are not a legal resident of the United States, or if you are a legal resident of the United States and you do not fall within the eligibility requirements set forth in the official rules below.
HOW TO ENTER:
NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To enter a HEALTH BEAUTY LIFE and/or HEALTH BEAUTY LIFE merchandise and/or services discount and/or giveaway “Health Beauty Life V.I.P.”) go to HealthBeautyLife.com (the “Web Site”). You will be brought to a web page that contains a registration form where you will be prompted to enter your information. To enter, you must submit the requested information. By submitting your information, your name will be automatically entered into a random drawing for the Prize (defined below) from among all eligible entries received. All online entries must be submitted at the Web Site, during the period that the Giveaway is being offered, according to all applicable directions as listed on the Web Site, or the entry will be void. Those who do not fill in all the required fields will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Sponsor is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions or any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any portion of this Giveaway. All entries will become the property of Sponsor and none will be returned. This Giveaway is void where prohibited or restricted by law. The winner will be notified via or e-mail that he/she, subject to verification, is a Health Beauty Life V.I.P winner. If a winner cannot be reached after a reasonable effort has been made during seven (7) business days from Sponsor’s first attempt, or if an entrant is found to be ineligible, an alternate winner may be selected. If any Prize or Prize notification is returned as undeliverable, the winner may be disqualified, and an alternate winner may be selected.
The Giveaway is open to legal residents of the United States (50 states and District of Columbia, but specifically excluding the territory of Puerto Rico) who are aged eighteen (18) and over as of the date of entry. Employees of USP, Inc. (“Sponsor”), Health Beauty Life Magazine, Health Beauty Life Media, the entity or entities supplying the Prize or Prizes for any Giveaways, and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies and their respective officers, directors, employees, representatives and agencies (collectively, the “Sponsor Affiliates”) are not eligible to participate in the Giveaway and/or win a Prize.
Unless indicated otherwise on the Web Site, one (1) Prize will be awarded for each Giveaway. Approximate retail value (“ARV”) of the Prize will vary by Giveaway, but in no event shall such Prize be valued equal to or more than five thousand U.S. Dollars. No transfer, cash equivalent or Prize substitution allowed, except at Sponsor’s sole discretion. Sponsor may require winner(s) to sign an affidavit of eligibility and liability/publicity release (as more fully discussed below). Decisions made by Sponsor are final in all matters, including interpretation of these official rules and awarding of the Prize(s). If legitimately claimed, the Prize(s) will be awarded. In no event will more than the stated number of Prizes be awarded. All expenses not specified herein, including, without limitation, all federal, state and local taxes, are each winner’s sole responsibility.
ODDS OF WINNING:
The odds of winning depend upon the number of eligible entries received.
LIMITATION ON LIABILITY / DISCLAIMER / OTHER REQUIREMENTS:
All entrants, as a condition of entry, agree to be bound by these official rules and the decisions of Sponsor. Except where prohibited by law, by entering a Giveaway, each entrant consents to the use of his/her name, voice, picture, likeness and biographical data and/or any other information contained in his/her entry in advertising, promotional and marketing materials by Sponsor and the Sponsor Affiliates without additional compensation, which may require, without limitation, winner to appear in person on a television, radio or Internet broadcast. In addition, by entering, all entrants, except where prohibited by law, consent to being photographed, filmed, taped and/or interviewed about the Giveaway. In connection therewith, all entrants grant full permission and consent to Sponsor and the Sponsor Affiliates to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised and hereby release Sponsor and the Sponsor Affiliates from all liability related thereto.
Winners may be required to sign, have notarized and return an affidavit of eligibility and liability/publicity release within ten (10) days of receipt of such document(s) or Prize will be forfeited. All Prize claims and winner materials will be verified by Giveaway judges. If this Giveaway is not capable of running as planned, including, because of any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other cause beyond Sponsor’s control which corrupts or threatens to corrupt or adversely affects the administration, security, fairness, integrity or proper conduct of the Giveaway, Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify this Giveaway and Sponsor can perform the random drawing from among all eligible entries received prior to such cancellation, suspension or modification of the Giveaway. Winner, by acceptance of any Prize, agrees to release Sponsor and the Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership or use of any Prize or while traveling to and from a location to obtain or use any Prize. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority. Neither Sponsor nor the Sponsor Affiliates make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Neither Sponsor nor the Sponsor Affiliates are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by Sponsor or the Sponsor Affiliates, the user or by any of the equipment or programming associated with or utilized in this Giveaway or by any human error which may occur in the processing of the entries in this Giveaway and which may limit a participant’s ability to participate in this Giveaway. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these official rules in an attempt to obtain any Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law. The Giveaway shall be governed by, construed and enforced in accordance with the laws of the State of California. Any action by entrant or any third party brought to enforce these rules or, in connection with any matters related to the Web Site shall be brought only in either the State or Federal Courts located in San Diego County, California, and you expressly consent to the jurisdiction of said courts. Each entrant further agrees to not knowingly: damage or cause interruption of the Giveaways; prevent others from using the Giveaway; or obtain or modify another user’s non-public account information without their consent. Submission of an entry is acknowledgment of an agreement to be bound by all terms and conditions of these official rules. In the event of a dispute concerning who submitted an e-mail entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY GIVEAWAY ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor can modify these official rules in any way or at any time, as long as Sponsor gives reasonable notice.
HealthBeautyLife.com and all of the related pages, contents and code are by USP Inc. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited.
USP, Inc. General Terms & Conditions of Use
1. Use of Our Service
HealthBeautyLife.com provides a place for you to stay up to date with current trends in health beauty and lifestyle products and discover new niche brands. Our site is only intended for use by people residing in the United States of America and we do not accept orders from individuals outside the United States of America.
You may use the Service only if you can form a binding contract with USP, Inc., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service may not available to any Users previously removed from the Service by USP, Inc.
B) HealthBeautyLife.com Accounts and Ordering
Your HealthBeautyLife.com customer account gives you the ability to order and purchase products listed on our site, and to have access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a HealthBeautyLife.com account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to HealthBeautyLife.com with a third-party service, such as a social media service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials from that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify USP, Inc. immediately of any breach of security or unauthorized use of your account. USP, Inc. will not be liable for any losses caused by any unauthorized use of your account.
By providing USP, Inc. your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by following the link at the bottom of the email, or by sending an opt-out request to firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
C) Service Rules
In order to use the Service, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the USP, Inc. servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that USP, Inc. grants the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You may copy and redistribute the audiovisual content available on the Service; however, you may not alter or modify such audiovisual content in any manner and you may not remove any copyrights associated with the such audiovisual content
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other HealthBeautyLife.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. USP, Inc. shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. USP, Inc. reserves the right, but is not obligated, to reject and/or remove any User Content that USP, Inc. believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
(A)You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
(B)Your User Content and USP, Inc.’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
(C)USP, Inc. may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
(D)To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. USP, Inc. takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate or otherwise unsuited to your purpose, and you agree that USP, Inc. shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to USP, Inc. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and USP, Inc.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. End User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. USP, Inc. reserves all rights not expressly granted herein in the Service and the USP, Inc. Content (as defined below). USP, Inc. may terminate this license at any time for any reason or no reason.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “HealthBeautyLife.com Content”), and all Intellectual Property Rights related thereto, are the exclusive property of USP, Inc. and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HealthBeautyLife.com Content. Use of the HealthBeautyLife.com Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place USP, Inc. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, USP, Inc. does not waive any rights to use similar or related ideas previously known to USP, Inc., or developed by its employees, or obtained from sources other than you.
6. Placing an Order for Products
You may choose to purchase products from affiliates on our website. All orders for products advertised on HealthBeauytLife.com are initiated and completed through the affiliate’s (third party) website. USP, Inc. is not responsible for the processing of orders or the processing of payments. All inquiries regarding product orders must be directed to the vendor through which the sale has been initiated. USP, Inc. is not liable for any transactions or communications that occur from the ordering of product through an affiliate website.
9. No Professional Advice
Any product or other information (for example, product ingredients, instruction for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
USP, Inc. cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. DMCA Notice
We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.
You must provide the following information in writing in your DMCA Notice:
- Identify the copyrighted work that you claim has been infringed
- Identify the material that is claimed to be infringing and where it is located on the Service
- Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address
- Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
- Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner and
- Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner
Deliver the DMCA Notice, with the above information completed, to us at:
Attn: DMCA Notice
1818 Ord Way
Oceanside, CA 92056
Telephone: 1 760 842 7700
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Third-Party Links
You agree to defend, indemnify and hold harmless USP, Inc. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
15. No Warranty
THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USP, INC. OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, USP, INC., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
USP, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HEALTHBEAUTYLIFE.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND USP, INC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL USP, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL USP, INC., BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USP, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL USP, INC. , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO USP, INC. HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF USP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. USP, Inc. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by USP, Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A) Governing Law.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over USP, Inc., either specific or general, in jurisdictions other than San Diego County, California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal court located in California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that USP, Inc. has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any USP, Inc. claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in Alameda County, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing USP, Inc. from seeking injunctive or other equitable relief from the courts as necessary to protect any of USP, Inc.’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND USP, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
C) Notification Procedures.
USP, Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by USP, Inc. in our sole discretion. USP, Inc. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. USP, Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
D) Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with USP, Inc. in connection with the Service, shall constitute the entire agreement between you and USP, Inc. concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
E) No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and USP, Inc.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Please contact us email@example.com with any questions regarding this Agreement.