Table of Contents
1. Use of Site
4. Links to Third-Party Web Sites
5. Linking to this Site
6. Disclaimer of Warranties
7. Site Information
8. Limitation of Liability
11. User Conduct
12. Password Security
13. General Provisions
2. Copyright The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to DrTung’s or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by DrTung’s. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by DrTung’s, for example in certain password-restricted areas of the Site). You may not manipulate or alter in any way images or other Content on the Site.
3. Trademarks You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
5. Downloading Files DrTung’s cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
6. Disclaimer of Warranties DrTung’s MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. DrTung’s EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. DrTung’s DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. DrTung’s DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Site Information In addition to any other warranty disclaimer provided herein, any information disclosed via the Site including, without limitation, any content, recommendations, product recommendations, product descriptions, or other product information or related information are not offered with any warranty or representation as to ability, accuracy, performance, or suitability for your intended purpose or compliance with applicable law. DrTung’s assumes no responsibility, and disclaims any liability for, any illness, or injury resulting from using any products or following any advice contained on this Site. You acknowledge and agree that the use of some products, including but not limited to, dietary supplements or homeopathic remedies, involves unforeseeable risks and uncertainties, including, without limitation, the risks of individuals' biological variation and response to herbal/botanical products, or other health risks and uncertainties.
9. Indemnification You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless DrTung’s, its affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
10. Privacy We may use common internet technologies, such as cookies, on our websites and emails. We use the information you submit to provide you with the products and services you request. We retain information you choose to provide during registration and may use your information to provide offers and information regarding our products and services.
We will not share your information with, or sell it to, other marketers, but we may share your information with our sister company, Phyto Vita LLC., the distributor of Regulat. We may share some of your information with consultants or affiliates we've hired to assist in providing products and services or for tracking the products you have ordered
11. User Conduct You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
12. Password Security If you register to become a drtungs.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
13. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. DrTung’s therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DrTung’s does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other DrTung’s web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Hawaii, without regard to any conflict of laws provisions.
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