- ACCESS TO THE SITE.
If you do not or cannot agree to the Terms, you are not authorized to use the Site.
- CHANGES TO THE SITE.
Alpha Health Omega reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms as "Revised Terms") shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice shall be deemed to conclusively indicate your acceptance of any and all such Revised Terms.
3. USE OF THE SITE.
In order to use the Site, you must obtain access to the Internet and pay any and all service fees associated with such access.
(a) Individual Use. Unless you are a health care professional, you agree that you are only authorized to visit, view, print and retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you shall not duplicate, download, publish, modify, or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by Alpha Health Omega in writing. Alpha Health Omega posts legal notices and various credits on pages of the Site, which you shall not remove even in your permitted copies.
(b) Health Care Professional Use. If you are a health care professional, you are authorized to visit, view, print and retain copies of pages of the Site for your own internal use and on behalf of your patients, and you shall not duplicate, download, publish, modify, or otherwise distribute any material on the Site for any other purpose unless otherwise specifically authorized by Alpha Health Omega in writing. Alpha Health Omega posts legal notices and various credits on pages of the Site, which you shall not remove even in your permitted copies.
(c) Framing. You agree not to create any frames on any other web sites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by Alpha Health Omega in writing to do so.
(d) Security, Cracking, and Hacking. You are prohibited from violating or attempting to violate the security of the Site or any of the servers or other network elements through which the Site operates. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing", or "crashing" the Site. Violations of system or network security may result in civil or criminal liability. Alpha Health Omega reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You agree NOT to use the Site for or in connection with any of the following activities:
- transmitting or relaying spam or other unauthorized or unsolicited communications, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way;
- using the Site for any fraudulent or illegal purpose or to encourage conduct that would be considered fraudulent or illegal;
- e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution, or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind;
- transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise limit, interfere with, or impair a computer's functionality or the operation of the Site or surreptitiously intercept or expropriate any system, data or information related to the Site or any computer hardware, software or other equipment that is owned, leased or used by Alpha Health Omega;
- using any robot, spider, scraper or any other automated means or device designed to provide repeated or automated access to the Site for any purpose;
- attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- taking any action that imposes, or may impose (in Alpha Health Omega’s determination) an unreasonable or disproportionately large volume or capacity load on the Site’s infrastructure;
- Collecting or harvesting any personally identifiable information, except as otherwise permitted by Alpha Health Omega in writing on a case by case basis;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity or identity, conducting fraud, hiding or attempting to hide your identity;
- allowing any other person to use your username or password for posting or viewing comments or sending or receiving materials;
- attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; or
- bypassing the measures we may use to prevent or restrict access to the Site.
(f) Information Disclosed via the Site. IN ADDITION TO ANY OTHER DISCLAIMERS PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT, HEALTH CARE PROFESSIONAL REFERRALS, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. ALPHA HEALTH OMEGA 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 OR FOR ANY HEALTH CARE PROVIDED BY ANY HEALTH CARE PROFESSIONAL TO WHICH YOU WERE REFERRED VIA THE SITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY DIETARY SUPPLEMENT PRODUCTS INVOLVES UNFORESEEABLE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF: (A) INDIVIDUALS' BIOLOGICAL VARIATION AND RESPONSE TO HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS WITH OTHER HERBAL AND DRUG INGREDIENTS; AND (C) OTHER HEALTH RISKS AND UNCERTAINTIES. Information on the Site is provided for informational purposes only, does not constitute medical or health-related advice, and is not intended to diagnose, treat, cure or prevent any disease or health problem. Statements made on the Site have not been evaluated by the FDA.
(g) Submissions. You may have the option to post information or other content, where applicable, on or through the Site (“Submissions”). You represent and warrant that any Submissions you post or provide to Alpha Health Omega by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any Site offered on the Site , is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights, and offered in good faith. All Submissions, regardless of method posted, are your sole responsibility. We cannot guarantee that other users will not misuse the Submissions that you share. If you have any Submissions that you would like to keep confidential and/or do not want others to use, do not post it to the Site. By posting any Submissions on the Site, you hereby grant Alpha Health Omega a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. Unless otherwise expressly provided, you acknowledge and agree that: any Submissions that you submit to any part of the Site are non-confidential for all purposes. In addition, you represent and warrant that you have all necessary rights to grant Alpha Health Omega the rights and licenses provided herein. For the avoidance of doubt, Alpha Health Omega shall have the right to sublicense its rights.
ALPHA HEALTH OMEGA SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY SUBMISSIONS IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU.
You understand that by using the Site, you may be exposed to Submissions created by others that are offensive, indecent or objectionable. Alpha Health Omega is not liable for any Submissions created by you or other users of the Site. Alpha Health Omega does not endorse or have control over the Submissions. We make no representations or warranties, express or implied as to the Submissions or the accuracy and reliability of the Submissions or any other material or information that you may access through the Site. We assume no responsibility for monitoring the Site for inappropriate submissions or conduct. We have no obligation to modify or remove any inappropriate Submissions. Notwithstanding the foregoing, Alpha Health Omega and its designees shall have the right to remove any Submissions in whole or in part that violate these Terms or are otherwise objectionable, in our sole discretion.
(h) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you shall not, and by using the Site you agree not to use the Site to: (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. The term "Intellectual Property Rights" shall mean, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(i) Ownership. Alpha Health Omega puts a lot of content on the Site for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature, and any other material distributed by Alpha Health Omega on, through, or in connection with the Site. Moreover, Alpha Health Omega attempts to display the content in a way that will be easily accessible and useful for you, the user. Unless otherwise indicated, all content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Site and any services offered on the Site, are the property of Alpha Health Omega, its sponsors, or business affiliates, and/or their respective licensors, and Alpha Health Omega, its sponsors, business affiliates, and/or their respective licensors retain all Intellectual Property Rights to such content and materials. . Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of Alpha Health Omega and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to Alpha Health Omega.
(j) Password and Username. To use portions of the Site, you may be required to register for an account. If you create an account on the Site by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password and you are solely responsible for all activities conducted using your account. You agree that Alpha Health Omega shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Site via your username and password. You agree that you will log out of your account each time you are finished using the Site—i.e., after each session. Alpha Health Omega may suspend, terminate, modify, or delete any account you may have with the Site at any time for any reason, with or without notice to you.
(k) Duty to Notify. You agree to immediately notify Alpha Health Omega of any unauthorized use of your username or password, any unauthorized use of any online account that you have with Alpha Health Omega, any violation of these Terms, or any other breach of security known to you in connection with the Site by sending an email to [email protected].
(m) Children’s Privacy. Individuals under the age of 18 (“Minors”) are not permitted to use the Services without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on or through the Services.
- WARRANTY DISCLAIMER.
THE SITE (INCLUDING ALL CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. ALPHA HEALTH OMEGA DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. ALPHA HEALTH OMEGA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. ANY RELIANCE ON SITE CONTENT IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALPHA HEALTH OMEGA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. ALPHA HEALTH OMEGA DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. ALPHA HEALTH OMEGA CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES ALPHA HEALTH OMEGA MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
- LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CIRCUMSTANCES INVOLVING ALPHA HEALTH OMEGA’S NEGLIGENCE, SHALL ALPHA HEALTH OMEGA, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "ALPHA HEALTH OMEGA PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF ANY OF THE ALPHA HEALTH OMEGA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ALPHA HEALTH OMEGA PARTIES SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU TO ALPHA HEALTH OMEGA DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, OR ONE HUNDRED DOLLARS (US $100) IF YOU HAVE NOT PAID ANY SUCH FEES TO ALPHA HEALTH OMEGA, REGARDLESS OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.
YOU AGREE TO PROMPTLY NOTIFY ALPHA HEALTH OMEGA IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ALPHA HEALTH OMEGA, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED, BARRED AND RELEASED.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIABILITY LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.
You shall indemnify, defend, and hold harmless Alpha Health Omega and its officers, directors, employees, attorneys, consultants, suppliers, vendors, representatives and agents, from and against any and all damages, claims, liabilities, actions, losses and expenses (including, without limitation, attorneys’ fees and costs) arising from or related to (i) your use of the Site or any material, information or other content obtained through the Site, (ii) your violation of the Terms; (iii) your violation of law; or (iv) the infringement by you of any Intellectual Property Rights or any publicity, contract or privacy rights of any person or entity.
The Terms are effective as of the first time you use the Site and shall continue until terminated by Alpha Health Omega. Alpha Health Omega may terminate, restrict, or suspend all or part of your access to the Site and delete any Submissions, at any time, in its sole discretion, without prior notice to you and without any liability to you.
- FORCE MAJEURE
We shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control.
- GOVERNING LAW.
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Nevada, USA, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the state or federal courts located in Clark County, Nevada, USA. You hereby consent to the application of such laws and jurisdiction and waive any and all objections to such laws or exclusive venue or the exercise of jurisdiction over you by such courts.
- WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Alpha Health Omega to exercise any right or to enforce any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Alpha Health Omega. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
- MOBILE DEVICES.
Some mobile devices may not be capable of accessing the Site in its entirety. Alpha Health Omega is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Site using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
- PATCHES AND UPDATES.
Alpha Health Omega may apply patches, updates and modifications to the Site and associated software at any time, and features may change after the application of an update. Alpha Health Omega may change, modify, suspend, or discontinue any aspect of any feature or service on the Site at any time. Alpha Health Omega may also impose limits on certain features or restrict your access to parts or all of the Site and associated software without notice or liability. Alpha Health Omega makes no representation that a feature, the Site and/or associated software will work on a particular web browser, version of a web browser or device.
- COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act, Alpha Health Omega designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, you must provide to Alpha Health Omega's designated agent all of the following information:
- an electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- Alpha Health Omega's designated agent for notification is Joyce Lim, who may be contacted at:
2510 East Sunset Rd Ste 5-676
Las Vegas, NV 89120
1 (702) 899-0979
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Alpha Health Omega reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Site, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any offender.
- CONTRACT ELECTRONICALLY.
You agree that the Terms, combined with your act of using the Site and/or the content offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
- ENTIRE AGREEMENT.
The Terms constitute the entire agreement between you and Alpha Health Omega related to your use of the Site. Any prior agreements, representations, statements, or negotiations with respect to the subject matter of the Terms are superseded by the Terms. You have not relied on any representations that may have been made by Alpha Health Omega related to the Site.
- CONTACT US.
If you have questions, comments, concerns or feedback regarding these Terms or the Site, please contact Alpha Health Omega via any of the methods set forth below:
1 (702) 899-0979
Alpha Health Omega
Attn: General Counsel
2510 East Sunset Rd Ste 5-676
Las Vegas, NV 89120
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