Website Terms of Use

DrTung’s operates this Site to provide online access to information about DrTung’s and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use together with applicable additional terms and conditions, are referred to as this "Agreement". DrTung’s reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

Table of Contents

1. Use of Site

2. Copyright

3. Trademarks

4. Links to Third-Party Web Sites

5. Linking to this Site

6. Disclaimer of Warranties

7. Site Information

8. Limitation of Liability

9. Indemnification

10. Privacy

11. User Conduct

12. Password Security

13. General Provisions

1. Use of Site

You may use the Service, the Site, and the information on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about DrTung’s products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. DrTung’s reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. The site may allow posting of product reviews or comments, and by submitting ("Posting") any submission of any kind, you are granting DrTung’s a non-exclusive, royalty-free, perpetual, irrevocable right to use your submission without limitation, including rights to publicly display, copy, distribute, transmit, publicly perform, reproduce, edit, translate and reformat your submission; and the right to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. DrTung’s is under no obligation to post or use any submission you may provide and may remove any submission at any time in its sole discretion.

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.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DrTung’s of the third party, the third-party web site, or the information contained therein. DrTung’s is not responsible for the availability of any such web sites. DrTung’s is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of DrTung’s affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

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.

8. Limitation of Liability

IN NO EVENT WILL DrTung’s BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF DrTung’s HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DrTung’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

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 collect information you choose to submit during your registration. We may use common internet technologies, such as cookies on our websites and emails. We use the information you submit to provide you with services you request. We use information about you to provide offers and information regarding our products and services. We may share your information with our sister company, Phyto Vita LLC.,, but we will not share your information with, or sell it to, other marketers. We may share some of your information with affiliates as well as vendors 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

• a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DrTung’s of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
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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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