
TERMS AND CONDITIONS OF USE
Please read this Website Use Agreement
(“this Agreement”)
carefully. This Agreement is between you and Natural Factors
Nutritional Products Limited (“Natural Factors”)
and governs your use of the SlimStyles website (“this Site”),
currently at www.slimstyles.com,
including the services that are provided through this Site. If
you do not agree with any provision of this Agreement, you may
not use this Site.
1. USE OF THIS SITE
1.1 Your access to and use of this Site is
subject to the following terms and conditions and all applicable
laws and regulations that apply to this Site, to the Internet
and/or to the World Wide Web. Your accessing and browsing this
Site constitutes acceptance of these terms and conditions without
reservation, limitation or qualification, and acknowledges
that any other agreements between you and Natural Factors, are
superseded and of no force or effect.
1.2 These terms and conditions are subject to change at any
time, and it is your responsibility to keep apprised of such
changes. Any such change shall be effective immediately upon
posting to this Site. Your continued access and/or use of this
Site constitutes your continuing acceptance of these terms and
conditions without reservation, limitation or qualification.
1.3 You may freely browse this Site,
but you may only download information from this Site, including
any text, images, audio, and video (the “Information”)
for non-commercial personal use. You may not, however, distribute,
modify, transmit, reuse, repost, or use the Information for
public or commercial purposes, without written permission of
Natural Factors.
1.4 You must retain and reproduce each and every copyright
notice or other proprietary rights notice contained in any Natural
Factors Information you download. You may not, however, distribute,
modify, transmit, reuse, report, or use the content of this Site
for public or commercial purposes, including the text, images,
audio, and video without written permission of Natural Factors.
You should assume that everything you see or read on this Site
is copyrighted unless otherwise noted and may not be used except
as provided in these Terms and Conditions or in the text on this
Site without the written permission of Natural Factors. Natural
Factors neither warrants nor represents that your use of materials
displayed on this Site will not infringe rights of third parties
not owned by or affiliated with Natural Factors.
1.5 With the exception of the foregoing limited authorization,
no license to or right of the Information, or any copyright of
Natural Factors or of any other party is granted or conferred
to you.
1.6 This Natural Factors Site may contain or reference trademarks,
patents, proprietary information, technologies, products, processes
or other proprietary rights of Natural Factors and/or other parties.
No license to or right in any such trademarks, patents, trade
secrets, technologies, products processes and other proprietary
rights of Natural Factors and/or other parties is granted to
or conferred upon you.
1.7 The Information posted by the
Site operator on this Site is believed to be accurate when
posted, but is not warranted or represented in any way to be
so. Natural Factors Information may contain technical inaccuracies
or typographical errors. Natural Factors reserves the right
to make changes, corrections and/or improvements to Natural
Factors Information, and to the product and programs described
in such Information, at any time without notice. Any use or
reliance on such Information is at your own risk. Natural Factors
assumes no liability or responsibility for any errors or omissions
in the content of this Site. In particular, Natural Factors
will not be liable for the accuracy, completeness, adequacy,
timeliness, or comprehensiveness of the Information contained
on this Site. ALL NATURAL FACTORS INFORMATION IS PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
2.1 The contents of this Site are for informational purposes
only. Information contained on this Site, and reference to resource
material is not intended to diagnose, treat, suggest a course
of treatment, cure or prevent any disease, condition or malady.
No warranty is made or given that any Information on or linked
to this Site is complete and/or accurate, and no warranty is
given that there may not be a contrary view to any of the material
that is hereby published.
2.2 The Information contained in this Site, or obtained as
a consequence of using this Site is not intended to be, nor is
it implied to be, a substitute for professional medical or pharmaceutical
advice. Any user should always seek the advice of their physician,
pharmacist, or other qualified health care provider prior to
commencing any treatment for any conditions, diseases or maladies,
and questions in relation to such treatment should be directed
to such professional health care providers. Users should never
disregard professional medical advice or delay in seeking such
advice because of Information obtained from this Site. Reliance
on any Information provided on this Site or provided by Natural
Factors Nutritional Products Ltd. (Natural Factors), employees
or others appearing on this Site at the invitation of Natural
Factors is solely at your own risk.
2.3 This Site may contain content from third party sources.
Natural Factors does not necessarily endorse any third party
products, views or information presented on this Site and such
information or content may not reflect the opinions, recommendations
or practices of Natural Factors.
3. TRADEMARKS AND COPYRIGHT
3.1 This Site contains the trademarks
of SlimStyles™ products
and weight loss program, and Natural Factors Nutritional Products
Ltd., including, but not limited to, the registered trademarks:
SlimStyles™, Appetite Control Fibre Blend™, PGX™,
PolyGlycopleX™. All rights in respect of all of such trademarks
are reserved.
3.2 Everything you see or read on this Site is copyrighted,
including design, page headers, button icons, graphics, images,
text and arrangement thereof, and software used in this Site,
and all intellectual property rights therein, including all copyright
and trademark rights, are property of Natural Factors, its licensors
or others, as the case may be. Nothing from this Site may be
used by you except as provided in these terms and conditions
or in the text on this Site without the prior written permission
of Natural Factors. Natural Factors neither warrants nor represents
that your use of materials displayed on or downloaded from this
Site will not infringe rights of third parties not owned by or
affiliated with Natural Factors.
3.3 Nothing contained in this Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to
use any trademark, logo, service mark or design displayed on
this Site without the written permission of Natural Factors or
any third party that may own any such item displayed on this
Site. Your use of any of the trademarks, logos, service marks,
designs and other intellectual property displayed on this Site
and any other content on this Site is strictly prohibited except
only and to the limited extent expressly permitted in these terms
and conditions. Natural Factors will aggressively enforce its
intellectual property rights to the fullest extent of the law
should you breach any of these terms and conditions.
4. SUBMISSIONS
4.1 Any communication or material
you transmit to Natural Factors or through this Site by electronic
mail or otherwise, including any data, questions, comments,
suggestions, testimonials or the like (all of which are collectively
called “Submissions”),
is and will be treated as royalty-free, non-confidential and
non-proprietary.
4.2 Any Submissions you transmit or
post become the property of Natural Factors, its affiliates
and assigns, and may be used, subject to our Privacy Policy
in connection with any personal information that may be included
in the Submission, for any purpose including, but not limited
to, reproduction, disclosure, transmission, publication, broadcast,
posting and other uses in any way, whether for commercial gain
or otherwise and with or without your name associated with
the material, at Natural Factors’ discretion.
Natural Factors is free to use any ideas, concepts, know-how,
or techniques contained in any Submission for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products using such information. In that regard, by
transmitting any Submission to Natural Factors, you will be deemed
for all purposes to have assigned and transferred to Natural
Factors all copyright, trademark and other intellectual property
rights in and to the Submission and to have irrevocably waived
and released all moral and/or personality rights in and to the
Submission, and you acknowledge and agree that any act that is
required to send a Submission will be deemed for all purposes
to be your electronic signature to these terms and conditions.
4.3 Any Submissions that you transmit or post constitutes your
warranty that such content is not subject to any third party
copyright or any other proprietary rights and that you have full
capacity and authority to make such submission.
4.4 Without limiting the generality of section 4.1 above, you
agree to sign and deliver to Natural Factors on demand all further
documents and assurances that Natural Factors may request in
connection with the assignments, transfers, releases and waivers
contemplated by that section.
4.5 Although Natural Factors may from time to time monitor
or review discussions, chats, postings, transmission, bulletin
boards, and the like on this Site, Natural Factors is under no
obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information
within such locations on this Site.
4.6 Natural Factors is not responsible for any Submissions
which may be posted in any forum or news group accessible or
operated through or by this Site, and Natural Factors will have
the right (but not the obligation) to remove from any such forum
or news group anything which it sees fit to remove for any reason.
You must not submit or otherwise publish through this Site or
through any available forums or news groups anything which: (a)
defames, libels or invades the privacy of any person; (b) is
obscene, pornographic, abusive or threatening; (c) infringes
on any intellectual property or other rights of any person or
entity, including without imitation copyrights and trademarks;
(d) violates any law; (e) advocates or describes any illegal
activity; or (f) advertises or solicits funds for goods or services.
Natural Factors will fully cooperate with any law enforcement
authorities or court order requesting or directing Natural Factors
to disclose the identity of anyone posting any such information
or materials.
5. PERSONAL INFORMATION PRIVACY
5.1 Natural Factors collects, uses
and discloses personal information in accordance with its Privacy
Policy. Natural Factors may modify its Privacy Policy from
time to time in its sole discretion. Each time you use this
Site, you consent to Natural Factors’ collection,
use and disclosure of your personal information in accordance
with its Privacy Policy, in effect then.
6. ADVERTISING CONTENT
6.1 All ads in this Site are published in good faith without
verification. We reserve the right to refuse, classify, revise
or censor any ads for any reason in our sole discretion.
6.2 The ads posted on this Site may include inaccuracies or
errors. We do not under any circumstances accept responsibility
for the accuracy or otherwise of any ads or messages in this
Site, nor is any kind of warranty provided, whether express or
implied, including but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or non-infringement
of a third party's rights of any kind. We do not control the
terms and conditions of any contracts offered to you by advertisers
on this Site. We are not responsible for any loss or damage which
might be incurred by you as a result of your use of this Site
or any advertisers or other third parties linked to this Site.
There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between us and you or us
and any advertisers on this Site.
6.3 We specifically disclaim any and all liability to you and
advertisers on this Site of any kind, for loss or damage of any
nature, whatsoever and howsoever arising, whether due to inaccuracy,
error, omission or any other cause, whether on the part of us,
or our employees or agents, or any other person, due to your
or their use of the ads, the information contained therein, or
any other information available on this Site.
6.4 You are advised to review the ads and message details carefully
before entering into any agreement of any kind with, or before
disclosing any personal information to the advertisers on this
Site. If you are in doubt, you should obtain legal advice before
proceeding.
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 Your use of and browsing of this Site are undertaken at
your own risk. Neither Natural Factors, any of its directors,
officers, employees, or agencies, nor any other party involved
in the creation, production, delivery or operation of this Site
is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to or use of this
Site or any consequences flowing therefrom, including, without
limitation, computer viruses which may infect or other damages
which may occur to your computer equipment or other property
as a result of your access, use of, or browsing of this Site
or your downloading of any materials, data, text, images, video
or audio from this Site.
7.2 Without limiting the generality of section 5.1, everything
on this Site is provided to you without any warranty or representation
of any kind, whether expressed or implied, including but not
limited to implied warranties of merchantability, fitness for
a particular purpose, non-infringement or any other warranties
which may be implied according to the laws of any jurisdiction,
unless in your jurisdiction the exclusion of some or all of such
expressed or implied warranties is not permitted or is restricted,
in which case all such expressed or implied warranties are excluded
to the fullest extent permitted by law in your jurisdiction.
7.3 You promise to indemnify and save Natural Factors, and
its officers, directors, employees, agents and distributors,
harmless from and against any and all claims, demands, liabilities,
costs and expenses whatsoever, including without limitation reasonable
legal fees and disbursements, resulting directly or indirectly
from: (a) your breach of any of your agreements, representations
or warranties set out in these terms and conditions; (b) your
access to or use of this Site or any site to which this Site
is or may be linked from time to time, or your use of, reliance
on, or publication, communication or distribution of anything
on or from this Site or any site to which this Site may be linked
from time to time; and/or (c) your violation of any law or regulation.
7.4 Your sole remedy for dissatisfaction with this Site, Site-related
services or products, content or information contained herein
or on any hyperlinked website is to stop using this Site, Site-related
services or products, content, information or hyperlinked website.
8. CONFIDENTIALITY AND PRIVACY ISSUES
8.1 Unless encrypted, information sent or received over the
Internet is insecure and Natural Factors cannot and does not
make any representation, warranty or promise concerning the interception
by third parties of your personal or other information. Natural
Factors will not be responsible for any damages you or any third
party may suffer as a result of, or in connection with, the transmission
of any information from or to Natural Factors through this Site.
9. LINKED SITES
9.1 Because Natural Factors has no control over and does not
endorse any of the sites to which this Site is linked and because
Natural Factors has not reviewed any or all of the sites to which
this Site is linked, you acknowledge that Natural Factors is
not responsible for the content of any off-site pages or any
other sites linked to this Site. Natural Factors reserves the
right to terminate any link or linking program at any time and
the linking of any site to or through this Site does not imply
any endorsement by Natural Factors of the companies, products
or information offered described or otherwise made available
on or through such linked sites. By making use of any such links,
you understand that the legal statement and privacy policy of
the linked site will apply and which may be different from those
of Natural Factors. Natural Factors accepts no liability for
links from us to others, and in particular we are not responsible
for the accuracy or legality of the content thereof. We accept
no liability deriving from a breach or omission in the privacy
policy of third parties. If you decide to access any site linked
through or to this Site, you do so entirely at your own risk.
9.2 Links to this Site are permitted only to the home page.
You may not link to any other pages without the prior written
consent of Natural Factors.
9.3 Framing of this Site by sites or site elements of parties
not part of the Natural Factors Group is not permitted. In-line
linking or any other manner of incorporating parts of this Site
in sites of parties not part of Natural Factors is equally prohibited.
10. GOVERNING LAW
10.1 Natural Factors controls this Site from within the Province
of British Columbia, Canada. Regardless of your place of residence,
the location where you access this Site or any other consideration,
you agree that this Agreement, your use of this Site and all
related matters are governed by the laws of the Province of British
Columbia and the laws of Canada in force in there, without regard
to its rules relating to conflict of laws. You also agree to
submit to the exclusive jurisdiction of the Courts of British
Columbia with respect to any dispute between you and Natural
Factors arising from or relating to your use of this Site, this
Agreement or any related matters.
Privacy Policy
Natural Factors Nutritional Products Ltd. Website Privacy
Policy
This Policy is a statement of our general privacy policy and
practices governing the ways in which we collect, hold and use
information about individual persons. Our privacy policy is easy
to find as it is located on our homepage and each page of this
website. Where personal data is requested, further explanation
may be provided, where appropriate, as to the purposes for which
the data will be used. This Policy, coupled with any supplementary
explanation, is designed to provide privacy protection tailored
to the individual visitor to, or user of, this website.
1. Pledge on Privacy
The term “personal data” as used in this Policy
refers to information such as your name, birth date, e-mail address
or mailing address that can be used to identify you. Natural
Factors Nutritional Products Ltd. (“Natural Factors”)
will not process your personal data without your consent.
In processing your personal data, we pledge to fully comply
with internationally recognized standards of privacy protection.
In so doing, we ensure compliance by our staff with strict standards
of security and confidentiality.
The next sections explain how and when we collect personal
data from you.
2. Intended Use of Personal Data
Most of our services do not require any form of registration,
allowing you to visit our site without telling us who you are.
However, some services may require registration. When you register
with us, you may need to complete certain fields. In these situations,
if you chose to withhold any personal data requested by us, it
may not be possible for you to gain access to certain parts of
the site and for us to respond to your query.
NATURAL FACTORS processes personal data for specific and limited
purposes, which we inform you about when we ask you for information.
For example, we may collect and use personal data to provide
you with products or services, to bill you for products and services
you request, to market products and services which we think may
be of interest to you, or to communicate with you for other purposes.
Information you send to our customer service department is used
only to help resolve your problem and is otherwise kept private.
NATURAL FACTORS keeps your data only for as long as is reasonably
needed for such purposes and in accordance with any applicable
legal or ethical reporting or documentation retention requirements.
3. Non-Disclosure of Information
NATURAL FACTORS will not sell, share or otherwise distribute
your personal data to third parties outside the Factors Group
of Nutritional Products Inc. However, personal data may occasionally
be transferred to third parties who act for or on behalf of NATURAL
FACTORS, or in connection with the business of NATURAL FACTORS,
for further processing in accordance with the purpose(s) for
which the data was originally collected.
Where disclosure of personal data to a third party occurs we
will endeavour to ensure that the processing is performed in
accordance with the purposes and within the limits under which
the data was originally collected. Such third parties may operate
under different privacy policies. In the event that this website
is closed down, all personal data will be destroyed or you will
be notified of any new manner of use of the data so you may revoke
your consent of the use of this data.
4. Right of Access
You have the right to access and update your personal data
or to require their deletion. We endeavour to ensure that personal
data is up-to-date, accurate, and complete. If you wish to access
or correct your personal data held by us, please call 1-800-663-8900.
Your requests will be dealt with in a prompt and proper manner.
No charge will be levied for complying with a correction request,
however, for all other requests, NATURAL FACTORS may charge a
small fee to cover its costs. Requests to delete personal data
will be subject to any applicable legal and ethical reporting
or document filing or retention obligations imposed on NATURAL
FACTORS.
5 . Security and Confidentiality
To ensure the security and confidentiality of personal data
that NATURAL FACTORS collects on-line, NATURAL FACTORS uses data
networks protected, inter alias, by industry standard firewall
and password protection. Access to personal data is restricted
to those employees who have a need to use the data and who have
been trained to handle such data properly and observe strict
standards of confidentiality. If an employee breaches our policies
and procedures he/she will be disciplined accordingly. Staff
compliance with our policies and procedures is regularly audited
and reviewed. While we cannot guarantee against any loss, misuse
or alteration to data, we try to prevent such unfortunate occurrences.
6. Data Transfer Abroad
We may transfer your data to one of
NATURAL FACTORS’ databases
outside your country of domicile. If the level of privacy protection
in a country does not afford an adequate level of privacy protection,
we will ensure that data transfers to NATURAL FACTORS databases
in that country are adequately protected and that the transfer
of data to third parties in such countries will not occur unless
we obtain your express consent to such transfer in advance.
7. Anonymous Data and “Cookies”
Most of the information that NATURAL FACTORS collects from
its website(s) is anonymous information, such as the pages you
visit and searches you perform. When you visit our website, we
do not collect any personal data from you unless otherwise authorized
by you.
Anonymous information is processed
by NATURAL FACTORS to help improve the contents of the site
and to compile aggregate statistics about individuals using
our site for internal, market research purposes. In so doing,
NATURAL FACTORS may install “cookies” that
collect the first level domain name of the user (e.g., “bigmail.com” from
and e-mail address of john@bigmail.com) and that date and time
of the access. Cookies by themselves cannot be used to discover
the identity of the user. A cookie is a small piece of information
that is sent to your browser and stored on your computer's hard
drive. Cookies do not damage your computer. You can set your
browser to notify you when you receive a cookie, this will enable
you to decide if you want to accept it or not.
8. Spamming
NATURAL FACTORS does not condone “spamming.” Spamming
is defined as sending unsolicited e-mails, usually of a commercial
nature, in large numbers and repeatedly to individuals with whom
the sender has had no previous contact or who have declined to
receive such communications.
In contrast, where NATURAL FACTORS believes that certain product,
health, or other information is of importance to you it reserves
the right to inform you by e-mail whilst giving you the choice
of opting out of such service.
9. Personal Information and Children
NATURAL FACTORS will not knowingly collect, use or disclose
personal data from a minor under the age of 13, without obtaining
prior consent from a person with parental responsibility (e.g.,
a parent or guardian) through direct off-line contact. We will
provide the parent with (a) notice of the specific types of personal
data being collected from the minor, and (b) the opportunity
to object to any further collection, use, or storage of such
information. NATURAL FACTORS abides by laws designed to protect
children.
10. Links to Other Sites
This Privacy Policy applies only to this Site to the exclusion
of third party websites. NATURAL FACTORS may provide links to
other websites that we believe may be of interest to our visitors.
We aim to ensure that such websites are of the highest standard.
However, due to the nature of the World Wide Web, NATURAL FACTORS
cannot guarantee the standards of every website link it provides
to be responsible for the contents of non-NATURAL FACTORS sites.
11. Contact NATURAL FACTORS
If you have any queries or complaints about our compliance
with this Privacy Policy, or if you would like to make any recommendations
or comments to improve the quality of our Privacy Policy, please
email us at: customerservice@naturalfactors.com . This privacy policy
is effective as of August 1, 2004. We aim to constantly improve
the tools available to you to manage the data that you provide
to us. Please refer to this page from time to time to review
these other new features.
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