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©
2008 Health Maintenance, Inc.
All rights reserved. No part of this website may be reproduced
or transmitted in any form by any means, electronic or mechanical,
including photocopying, recording, or by any information storage or
retrieval system, without the written permission of the Health
Maintenance, Inc. Board of Directors.
All
products are trademarks of Health Maintenance, Inc.
OUR
PRIVACY POLICY
Health
Maintenance, Inc. (HMI) values your privacy just as much as we value
the products that we provide. We endeavor to educate you regarding
your rights to a healthy life, as well as those rights concerning
your privacy. HMI protects all of your information against
unauthorized access or release. This statement discloses the privacy
policy of HMI on its website, www.virtualhmi.com. By using this
website you agree, without limitation or qualification, to be bound
by this Privacy Policy.
This Privacy Policy applies to the collection and use of information
by HMI but does
not apply to information that you may send to us by other
means.
Remember, at HMI your privacy is your right…and our duty.
SECTION
1
Who may use this Web site?
This website is not intended or designed to attract children under
the age of 13. We do not collect personally identifiable data from
any person we know to be under the age of 13 and instruct children
under 13 not to send us any information.
SECTION
2
Information collected from you
The kinds of information we collect from you will vary, depending on
how you use our website. It is possible to browse our site without
submitting any personal information at all. In order to take part in
certain services on our website, you will be required to provide
certain personal information
(e.g., your name, address, e-mail address, etc.).
In
addition to the information you choose to submit, our systems are
set up to gather certain anonymous data to help us better understand
how our site is being used and how we can improve it. This
automatically gathered data includes any content you view on our
website.
SECTION
3
How your information is used
We utilize "cookies" on our site. These are small files
that we send to and store on your computer so that we may recognize
it as a unique machine the next time you visit our site. Our cookies
are used to let us know you are a prior customer and to help us
personalize your online experience by providing you with
advertisements of interest to you. Also, companies offering products
or services through our website may use their own cookies.
The
personal information you provide is used among other uses to help us
customize your online experience. Your e-mail address serves as a
unique identifier in our record system, and it is used together with
your password to prevent unauthorized access to any information you
choose to store on our site. The data you give us about your
personal preferences and demographics (such as age, ZIP code,
occupation, or other data) may be used to help us offer content,
advertisements, products, and services that are most likely to
appeal to you.
Unless
you specify that you'd prefer not to hear from us, we may also use
the e-mail address you provide at registration to contact you for
promotional, administrative, or other reasons. You may have these
communications terminated. This likely will take 1-2 weeks from the
time you give us notice.
You
may occasionally see contests, surveys, and other features of our
website that ask you to provide us with personal information. When
you choose to respond to these requests, the personal information
you offer may be used for several reasons. These include the uses
set out in this section. They also include providing personal
information to third parties for prize fulfillment and other aspects
of any contest or similar offering or for other uses related to
providing you with information that we hope will be of interest to
you.
The
information gathered automatically by our system-such as your
computer's IP address, the kind of browser you're using, and a
record of your navigation through our site-may be used by us so we
can understand how to make our site convenient and useful to our
audience.
Our
goal is to help offer you content, advertisements, products, and
services
that are most likely to appeal to you.
SECTION
4
Your choices regarding the use of your personal information
You can always choose not to provide personal information, even
though it might be needed to take advantage of HMI
offers or website features.
If
you do not want to receive e-mail or other mail from us or if you
wish to check your personal information, please contact us in the
manner listed in Section 8 of this Privacy Policy.
SECTION
5
Access to your personal information
In the event that HMI
and some of our assets are sold or transferred or used as security,
the personal information collected on our website may be transferred
to third parties as part of that transaction. HMI may also provide
personal information or provide access to personal information to
any of our affiliated businesses or to our business partners.
HMI
may use your personal information to reply to you and send
information to you. HMI does not intend to reveal personal
information to third parties except in the manner stated in this
Privacy Policy. HMI will provide aggregated information received
from you to third parties. HMI takes commercially reasonable
precautions to prevent the aggregated information provided to third
parties from including personal information.
If
HMI is requested by law enforcement officials or judicial
authorities to provide personal information on individual users, HMI
may, without your consent, provide such information. In matters
involving claims of personal or public safety, HMI may provide your
personal information to appropriate authorities without your consent
or court process.
SECTION
6
Will your personal information be secure?
HMIrecognizes
you may be concerned about the security of your personal
information, and we are committed to employing reasonable technology
in order to protect the security of our website. However, even with
the best technology, no website is 100% secure. We will take
reasonable measures that we believe are appropriate to protect your
information from loss, misuse, alteration or destruction, and, where
possible, will ask that any third parties to whom we may transfer
your information take comparable steps to protect that security.
SECTION
7
Our Privacy Policy and outside links
Our Privacy Policy only applies to this website. Our website may
contain links to sites outside our control (for example,
www.glucotherex.com). Please be aware that these sites may collect
personal information about you, and operate according to their own
privacy practices that may differ from our Privacy Policy. Remember
to consult that website's own privacy policy, as once you're outside
this website, any information you submit is no longer in our
control.
SECTION
8
Questions regarding our Privacy Policy
If you have questions or comments regarding our privacy
practices,
contact HMI
at (800) 330-8998 or write to us at:
Health
Maintenance, Inc.
835 Tower Drive
Suite 15
Odessa, TX 79761
This
policy was last updated on February 10, 2007.
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DISCLAIMER
The nutritional
products sold by Health Maintenance, Inc. (HMI) are classified as nutraceuticals.
In 1994, the United States Congress established a new category of food
supplements called nutraceuticals. They defined this term to
be any substance found in food that helps to maintain the normal function
and structure of the body. This website contains various nutrients
which can help maintain the normal function and structure
of the body and its organs.
In
accordance with U.S. Federal Law concerning dietary supplements, this
information has not been submitted to the U.S. Food and Drug
Administration for approval. None of the products sold or listed on
this website are intended to cure, mitigate, or diagnose disease in humans
or animals.
All
material provided on the HMI site is provided for informational or
educational purposes only. Please consult a physician regarding the
applicability of any opinions or recommendations with respect to your
symptoms or medical condition.
OUR
TERMS OF USE
Thank
you for visiting our website. In order to provide you with the best
service possible, we want you to fully understand the terms and conditions
set forth below (our "Terms of Use") by which Health
Maintenance, Inc. (referred to herein as "HMI", "us"
or "we") offers services and information on or through this
website. Please review these Terms of Use carefully.
By
using this website (collectively referred to in these Terms of Use as our
"Website") you agree to be bound by the terms set forth herein.
We may make changes to our Website, these Terms of Use, or the policies
and conditions that govern the use of our Website at any time. We
encourage you to review our Website and these terms periodically for any
updates or changes. Your continued access or use of our Website shall be
deemed your acceptance of these changes and the reasonableness of these
standards for notice of changes. If you do not agree and/or no longer
agree to be bound by the Terms of Use, you may not use and must
immediately cease your use of the Website.
HEALTH-RELATED
INFORMATION
The information contained in the Website is provided for informational
purposes only and is not meant to substitute for the advice provided by
your doctor or other health care professional.
You
should not use the information available on or through the Website
(including, but not limited to, information that may be provided by
healthcare or nutrition professionals employed by or contracting with HMI,
as in the "Ask The Doctor" area of the www.virtualhmi.com
website) for diagnosing or treating a health problem or disease, or
prescribing any medication.
Information
and statements regarding dietary supplements have not been evaluated by
the Food and Drug Administration and are not intended to diagnose, treat,
cure, or prevent any disease. You should read carefully all product
packaging prior to use.
USE
OF WEBSITE
You agree to use the Website for lawful purposes. You agree not to use the
service for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or that
infringes or may infringe the intellectual property or other rights of
another or that violates any federal, state, or local law. You agree that HMI
may in its sole discretion terminate your access to our Website, without
notice, if we believe you have in any way violated our Terms of Use.
MODIFICATIONS
We reserve the right to modify or discontinue, temporarily or permanently,
any or all of the Website and/or any or all features, products, prices of
products, services or information appearing on or available through any or
all of the Website with or without notice to you. You agree that we shall
not be liable to you or any third-party for any modification or
discontinuance of such features, products, prices, services, or
information on the Website or the Website itself.
INDEMNITY
You agree to indemnify and hold HMI
and our parents, affiliates (and their franchisees and licensees), and
subsidiaries, officers, directors, employees, successors and assigns,
harmless from any claim, loss or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of our
Website, your connection to our Website, your violation of these Terms of
Use, or your violation of any rights of another party. This indemnity
survives termination of these Terms of Use.
SUBMISSION
OF INFORMATION OR MATERIALS
You agree to provide true, accurate, current and complete information
about yourself if and when you elect to provide personal information to
us. You also agree to maintain and promptly update any such information to
keep it accurate. Other than personally identifiable information, which is
addressed under our Privacy Policy, any and all comments, suggestions,
ideas, graphics, or other information that you transmit or post to the
Website becomes and will remain the property of Health Priority and may be
used by HMI
anywhere, anytime and for any reason whatsoever. Except as may be provided
in the Privacy Policy, any information or materials submitted to HMI will
be treated as non-confidential and non-proprietary, and we will not have
any obligation to use or evaluate any information we receive from you. HMI
will not have to pay you or anyone else for using any ideas or other
materials that you may transmit to or post on the Website. You should rely
solely on your rights under patent, trademark, and copyright laws. The
receipt or consideration of your information by HMI shall in no way impair
the right of HMI to contest the validity of your patent, trademark or
copyright.
LINKS
Our Website may provide links to other websites or resources. These links
are for your convenience only and are not under our control. You
acknowledge and agree that HMI
is not responsible for the availability of such external sites or
resources, and does not endorse any such site, its use or contents and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You agree that
HMI shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
your use of or reliance on any such content, goods or services available
on such external sites or resources. In the event you decide to access or
use any of these other websites or resources, you agree you do so at your
own risk.
OUR
PROPRIETARY RIGHTS
The Website is owned and operated by HMI.
The contents of the Website are ©2007 HMI. All Rights Reserved. You
acknowledge and agree that all content, including but not limited to text,
software, music, sound, photographs, graphics, video, or other material
contained in advertisements or information presented to you on our Website
is protected by our or other third parties' copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. HMI
authorizes you to view and download materials at the Website only for your
personal, non-commercial use, provided you retain all copyright and
proprietary notices contained in the original materials on any copies of
the materials. You may not modify the materials on the Website in any way
or reproduce or publicly display, perform, distribute, transmit, create
derivative works of, or otherwise use them for any public or commercial
purpose. Any use of these materials on any other website (including
without limitation, displaying this Website or any material displayed on
or that can be downloaded from this Website in frames on another website
without HMI's express written permission) is prohibited.
SALE
OF PRODUCTS
You may be provided with the opportunity to purchase products through the
Website and/or from third party websites linked to the Website. Products
purchased through the websites of others are subject to the terms and
conditions of such other parties and their websites, and HMI
shall have no liability or responsibility therefore.
DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE
IS AT YOUR SOLE RISK AND IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
HMI
AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND
SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. HMI AND ITS AFFILIATES MAKE NO
WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS,
OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES HMI OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY
SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS
TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. HMI MAKES NO
COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE
WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR
USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. HMI
AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM HMI OR THROUGH OR FROM ANY SERVICE OR
PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY
YOU AGREE THAT HMI
AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR
INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF HMI OR ITS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING
ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY
THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY
INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE
WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS,
USE,
DATA OR OTHER INTANGIBLE LOSSES.
YOU
FURTHER AGREE THAT HMI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE
WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
DOMESTIC
USE; EXPORT RESTRICTION
We control the Website from our offices within the United States of
America. We make no representation that the Website or its content
(including, without limitation, any products or services available on or
through the Website) is appropriate or available for use in other
locations. Users who access the Website from outside the United States of
America do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States
export control laws prohibit the export of certain technical data and
software to certain territories. No content from the Website may be
downloaded in violation of United States law.
APPLICABLE
LAW; JURISDICTION
Any claim relating to the Website, our Terms of Use, and the relationship
between you and us shall be governed by the laws of the United States and
the State of Texas without regard to its conflict of law provisions. You
and HMI
agree to submit to the personal and exclusive jurisdiction of the courts
located within the State of Texas.
GENERAL
These Terms of Use and our Privacy Policy constitute the entire agreement
between you and HMIwith
respect to the Website; provided, however, that certain provisions of
these Terms of Use may be superceded by expressly designated legal notices
or terms which may be located on particular pages on the Website. Our
failure to exercise or enforce any right or provision of these Terms of
Use shall not constitute a waiver of such right or provision by us. If any
provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of our Terms of Use remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
the Website or our Terms of Use must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
These
Terms of Use were last updated on April 23, 2008.
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