Terms
of Use and Privacy Policy
We
Do Not Resell Names
We respect your privacy
and therefore do not resell or exchange your name or any related
information with other businesses.
Please
Respond
If you disagree with
any material you find on our service, we suggest that you respond
by noting your disagreement in email to sportswe@paradise.net.nz.
We invite you to bring to our attention any material you believe
to be factually inaccurate. Please forward a copy of the material
to us, along with an explanation of your disagreement.
Please
Link to This Site
We welcome links to our service. You are free to establish a hypertext
link to this site so long as the link does not state or imply any
sponsorship of your site by Sportswell.
Disclaimer
The information
contained in this online site (the "Service") is presented in
summary form only and intended to provide broad consumer understanding
and knowledge of health care topics. The information should
not be considered complete and should not be used in place of
a visit, call, consultation or advice of your physician or other
health care provider. The Service does not recommend the self-management
of health problems. Information obtained by using the Service
is not exhaustive and does not cover all diseases, ailments,
physical conditions or their treatment. Should you have any
health care-related questions, please call or see your physician
or other health care provider promptly. You should never disregard
medical advice or delay in seeking it because of something you
have read here.
The information
is compiled from a variety of sources ("Information Providers").
Neither Sportswell Limited nor any Information Provider shall
be responsible for information provided herein under any theory
of liability or indemnity. Liability of Sportswell Limited or
Information Providers, if any, for damages (including, without
limitation, liability arising out of contract, negligence, strict
liability, tort or patent or copyright infringement) shall not
exceed the fees paid by the user for the particular information
or service provided. In no event shall Sportswell Limited or
any Information Provider be liable for any damages other than
the amount referred to above, and all other damages, direct
or indirect, special, incidental, consequential or punitive,
are hereby excluded even if Sportswell Limited or Information
Provider has been advised of the possibility of such damages.
Information
accessed through this online site is provided "AS IS" and without
warranty, express or implied. All implied warranties of merchantability
and fitness for a particular use or purpose are hereby excluded.
Sportswell Limited. and Information Providers make no warranty
as to the reliability, accuracy, timeliness, usefulness or completeness
of the information. Sportswell Limited. and Information Providers
cannot and do not warrant against human and machine errors,
omissions, delays, interruptions or losses, including loss of
data. Sportswell Limited. and the Information Providers cannot
and do not guarantee or warrant that files available for downloading
from this online site will be free of infection or viruses,
worms, Trojan horses or other code that manifests contaminating
or destructive properties.
Terms
of Use
We work
hard to make the Sportswell site an interesting and enjoyable
place, but we cannot guarantee that our users will always find
everything to their liking. Please read this Terms of Use carefully
before using any of the Sportswell site.
Please read
this agreement carefully before accessing or using this site.
By accessing or using the site, you agree to be bound by this
agreement. The information and services on this site are provided
by Sportswell Limited and its suppliers, subject to your
agreement to the terms and conditions below.
Use
of Information and Services
The information
(including without limitation, advice and recommendations) and
services on the site are intended solely as a general educational
aid and are neither medical nor health care advice for any individual
problem nor a substitute for medical or other professional advice
and services from a qualified health care provider familiar
with your unique facts. Always seek the advice of your physician
or other qualified health care provider with any questions you
may have regarding a medical condition and prior to starting
any new treatment. Nothing contained in this site is intended
to be used for medical diagnosis or treatment. The information
and services are provided with the understanding that neither
Sportswell Limited nor its suppliers or users are engaged in
rendering legal, medical, counseling or other professional services
or advice. Your use of the site is subject to the additional
disclaimers and caveats that may appear throughout the site.
Sportswell
Limited and its agents assume no responsibility for any consequence
relating directly or indirectly to any action or inaction you
take based on the information, services or other material on
this site. While Sportswell Limited strives to keep the information
on this site accurate, complete, and up-to-date, Sportswell
Limited and its suppliers cannot guarantee, and will not be
responsible for any damage or loss related to, the accuracy,
completeness or timeliness of the information.
User
Contributions
Users who
post materials to this site agree to abide by the following
rules: (1) users may not post or transmit material that is libelous,
defamatory, obscene, fraudulent, harmful, threatening, abusive
or hateful, that violates the property rights of others (including
without limitation infringing use of a copyright or trademark),
that violates the privacy or publicity right of others, or that
is in violation of applicable laws; (2) users may not interfere
with other user's use and enjoyment of this site; (3) users
may not use this site to conduct any activity that is illegal
or that violates the rights of others; (4) users may not use
this site to advertise or sell products or services to others;
and (5) users must immediately inform Sportswell Limited if
they have reason to believe that a user is infringing any copyrighted
materials. A user posting material represents that such material
is unique to the user or used with permission of the copyright
holder, and assigns to Sportswell Limited ownership of such
material. Sportswell Limited has no responsibility for the content
of any material posted by users, but Sportswell Limited reserves
the right in its sole discretion to (I) edit or delete any documents,
information or other material submitted to or appearing on this
site, and (ii) refuse access to the site to any user that violates
this agreement. Sportswell Limited is not responsible for the
accuracy of any messages on this site and you should always
consult a physician or other qualified health care provider
before relying on any information you find on this site.
Links
to Other Web Sites
This site
may include links to other Internet sites solely as a convenience
to users. Sportswell Limited does not endorse any such sites
or the information, material, products or services contained
on or accessible through the sites, and you access and use such
sites, including information, material, products and services
therein, solely at your own risk.
Disclaimer
of Warranty
SPORTSWELL
LIMITED AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES
WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED
ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
Limitation
of Liability
IN NO EVENT
SHALL SPORTSWELL LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH
THIS SITE, SPORTSWELL LIMITED'S LIABILITY, IN ANY CASE, IS EXPRESSLY
LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT SPORTSWELL
LIMITED'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH
AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE
AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED
TO YOU ABSENT SUCH LIMITATIONS
Indemnification
You agree
to indemnify, defend and hold harmless Sportswell Limited, its
affiliates and suppliers from any liability, loss, claim and
expense (including attorneys' reasonable fees) related to (I)
your violation of this agreement, and (ii) your posting of material
to this site.
Changes
to Site
Sportswell
Limited and its suppliers may make improvements or changes in
the information, services, products, and other materials on
this site, or terminate this site, at any time without notice.
Sportswell Limited may modify this agreement at any time, and
such modifications shall be effective immediately upon posting
of the modified agreement. Accordingly, you agree to review
the agreement periodically, and your continued access or use
of this site shall be deemed your acceptance of the modified
agreement.
Miscellaneous
This agreement
and the resolution of any dispute related to this Agreement
or the site shall be governed by and construed in accordance
with the laws of New Zealand, without giving effect to any principles
of conflicts of law. Sportswell Limited's failure to insist
upon strict enforcement of any provision of this agreement shall
not be construed as a waiver of any provision or right. Any
legal action or proceeding between Sportswell Limited and you
related to this agreement shall be brought exclusively in New
Zealand.
The Sportswell
staff does their best to ensure that information they post to
the Sportswell site is both timely and accurate. But the news
changes over time and reports that were accurate when posted
quickly become, well, old news. Though we may post follow-up
reports, and may continue to provide access to the original
report, as in an archive of news stories, for example, we don't
go back and change the original report to reflect new developments.
If you're looking for the most recent information on a given
subject, and not the history of how the story unfolded, be sure
you're not looking at an out of date report.
To obtain
access to certain services on our site, you may be given an
opportunity to register with the Sportswell site. You agree
that the information you supply during that registration process
will be accurate and complete and that you will not register
under the name of, or attempt to enter the service under the
name of, another person. Sportswell reserves the right to reject
or terminate any user name that, in its judgment, it deems offensive.
Please inform Sportswell if there is a change in the information
you provided at the time of your initial registration, including
any change of address or name, by returning to the registration
screen and resubmitting an updated profile form.
This agreement
has been made in and shall be construed in accordance with the
laws of New Zealand. By using this service, you consent to the
exclusive jurisdiction of New Zealand, in all disputes arising
out of or relating to this agreement or use of this website.
In the event
that any portion of this agreement is found to be invalid or
unenforceable for any reason, such invalidity or unenforceability
shall not affect the enforceability or validity of any other
portion of this agreement, which shall remain in full force
and effect and be construed as if the invalid or unenforceable
portion were not part of the agreement.
By using
the Sportswell Site, you agree to abide by the terms of this
agreement. We hope you enjoy using the Sportswell Site, and
we welcome suggestions for improvements.
For answers
to questions phone, email or write John Ryan at Sportswell
Limited, PO Box 27, Waikanae, New Zealand.
Phone number 0064 4 2932597
Email: sportswe@paradise.net.nz
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©1998-2008
Sportswell Limited. All rights reserved. All information is
intended for your general knowledge only and is not a substitute
for medical advice or treatment for specific animal conditions.
The USDA and FDA have not evaluated the statements on this
site. These products are not intended to diagnose, treat,
cure or prevent animal disease. You should seek prompt veterinary
care for any specific animal health issues and consult your
veterinarian before starting a new health or fitness regime.
Use of this online service
is subject to this disclaimer and the terms of use.
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