terms of use
The
following Terms of Use governing the use of ConquerAnxiety.com are
designed to protect everyone who uses ConquerAnxiety.com. These Terms of
Use set forth the agreement between the www.conqueranxiety.com web site,
which is owned, operated and maintained by the National Institute of
Anxiety and Stress, Inc. and each user governing the use of this web site.
Please read these terms and conditions carefully before using our web
site. By using this web site, you agree to be bound by these Terms of Use.
If you do not agree to the terms and conditions contained in these Terms
of Use, do not access or otherwise use this web site. The National
Institute of Anxiety and Stress, Inc. has the right to revise and update
these Terms of Use at any time without prior notification. We encourage
you to review our web site and these terms periodically for any updates or
changes. Your continued access or use of our web site shall be deemed your
notification and acceptance of these changes.
YOUR CONDUCT ON OUR WEB SITE
Any conduct by you on our web site that we believe, in our sole
discretion, restricts or inhibits any other user from using or enjoying
our web site will not be permitted. You agree to use our web site only for
lawful purposes. You are prohibited from posting on or transmitting
through our web site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, fraudulent, racially, ethnically, or otherwise objectionable
material of any kind, including, but not limited to, any material that
encourages conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local, state,
national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of our web site, use of our web site,
or access to our web site. You hereby acknowledge that any violation of
any of our policies may result in termination of your access to our web
site, deactivation or deletion of your account and all related information
and files in your account, and preclusion of any further access to such
files or our web site, without prior notice.
PRIVACY POLICY
The National Institute of Anxiety and Stress, Inc. respects your need for
privacy. All information you give here will be treated in the strictest
confidence. We will never sell this information, nor will we pass it on to
third parties, nor will we use it for unsolicited commercial e-mail.
Products created by the National Institute of Anxiety and Stress, Inc.
arrive in plain packaging for your privacy.
This web site may place a "cookie" in the browser files of the
user's computer. The cookie itself does not contain any personally
identifying information. The cookie could enable the National Institute of
Anxiety and Stress, Inc. to relate a user's use of this site to information
that the user has specifically and knowingly provided the National
Institute of Anxiety and Stress, Inc.
We reserve the right to monitor our web site and to disclose any
information recorded or posted on, submitted to, or transmitted through
our web site to the extent that we, in our sole discretion, deem such
disclosure necessary or appropriate to comply with any law, regulation,
subpoena, or government request, to operate our web site, or to protect
our rights or property or the rights or property of our users.
CHILDREN'S PROTECTION
We are committed to protecting the privacy of children. ConquerAnxiety.com
is not written, nor is this site designed, to attract children under the
age of 13 and therefore may be unsuitable for their use. Specifically,
articles, observations, message board commentary, and chat room
discussions may not be suitable for children. We will not knowingly
collect personal information from anyone under the age of 13. However, due
to the nature of the Internet, we cannot prohibit minors from visiting our
web site. We urge parents to monitor and guide their children's use of
computers, especially in regard to the Internet, to prevent children from
visiting inappropriate web sites or exposing themselves to possible harm
of any kind from unscrupulous people. All purchases of goods or services
on our web site must be made by adults 18 years of age or older.
DISCLAIMERS
The content of ConquerAnxiety.com including text, graphics, images,
information obtained from our licensors and all other content is offered
on an informational basis only. No content is intended to be a substitute
for professional medical advice, diagnosis or treatment.
Any suggestions provided on this site or by its affiliates or third-party
content providers are offered only as "generally informational"
and not as specifically applicable to any individual's specific medical
problem(s), concerns and/or needs. If you choose to utilize any
information provided by the ConquerAnxiety.com web site, its e-mail
communications, printed materials, audio materials, video materials,
products, or other information provided by its editors or any other
employees of the National Institute of Anxiety and Stress, Inc., you do so
solely at your own risk. The information contained in this web site, our
products, and our printed materials is not intended to serve as a
replacement for professional medical or psychological advice. Such
information is often presented in summary or aggregate form and is not
meant to be a substitute for the advice provided by your physician or
other medical professional(s) or for any information contained on or in
any product packaging or labels.
You should not use the information contained on this web site for the
diagnosis of a health problem or the prescription of medication. If expert
assistance or counseling is needed, the services of a competent
professional should be sought. The National Institute of Anxiety and
Stress, Inc. specifically disclaims any and all liability arising directly
or indirectly from the use or application of any information contained in
this web site, e-mail communications, printed materials, audio materials,
video materials, or other products.
WARNING: If you wish to embark on any dietary, drug, exercise, or
other lifestyle change intended to prevent or treat a specific disease or
condition you should first consult a qualified health care professional
regarding your specific situation. If you experience anxiety you should
inform your health care professional and be open to his/her
recommendations. Depending on how severely anxiety affects your daily
life, you may want to combine the information contained in our products
with treatment strategies specified by your doctor or counselor.
You should consult your physician and medical advisors before purchasing
or using any products, services, or information available on our web site.
In addition, you should carefully read all information provided by the
manufacturers of the products or in the product packaging and labels
before using any product purchased from our web site. 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.
WARNING: It is important that you do not reduce, change, or
discontinue any medication or treatment without consulting your physician
first. Please note any brand names mentioned in this site are registered
properties of their manufacturers.
Further, we explicitly disclaim any responsibility for any product or
service or the accuracy, content, or availability of information found on
other web sites that contain links to or from our web site. Because some
web sites employ automated search results or otherwise link you to web
sites containing information that may be deemed inappropriate or
offensive, we cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third-party web
sites, and you hereby irrevocably waive any claim against us with respect
to such web sites.
Price and availability information on our web site are subject to change
without notice. We reserve the right to make changes to our site, policies, and these
Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. This web site is provided for your use on an "as
is," "as available" basis. We, along with our affiliates,
officers, directors, employees, agents, third-party content providers,
merchants, sponsors, licensors, or the like do not make any
representations or warranties of any kind, express or implied, with
respect to our web site or its Content, including, without limitation, the
products, services or information offered or sold on or through our web
site or any other web site to which our web site links and the
uninterrupted or error-free use of our web site. We expressly disclaim all
such representations and warranties, including, without limitation, all
warranties of merchantability, accuracy, timeliness, completeness, fitness
for a particular purpose and non-infringement to the fullest extent
permitted by law. We do not warrant that our web site or files available
on our web site will be free from corrupted data, computer viruses or
similar destructive or contaminating code. No oral advice or written
information provided by us or our affiliates shall create a warranty of
any kind. Your use of this web site and any site linked to our web site is
expressly at your own risk.
SUCCESS LETTERS
We appreciate you making a difference in the lives of anxiety sufferers by
sharing your Success Story! For your convenience, there are three easy
ways to provide us your Success Story -- by phone, e-mail, or regular
mail. By providing your Success Story on our toll-free automated
testimonial line, e-mail, or regular mail, you grant your permission for
us to share your story. You hereby agree and consent to allow the National
Institute of Anxiety and Stress, Inc. to use your testimonial, name, voice
recording (if left as phone recording on Testimonial Line), and photo (if
provided) on behalf of the Conquer Anxiety Success Program for any and all
educational, advertising, and promotional pieces they deem necessary. You
also grant the National Institute of Anxiety and Stress, Inc. the
permission to share the aforementioned information with other publishers
for various educational and promotional activity regarding National
Institute of Anxiety and Stress, Inc. products. Under your own free will,
you testify that you understand the nature and purpose of this statement,
and that no further recompense is expected or promised. Note: We value
your privacy and include only the personal information you designate.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating,
producing, or distributing our web site be liable for any direct,
indirect, incidental, special or consequential damages or loss of profits,
good will, use, data or other intangible losses (even if we have been
advised of the possibility of such damages) that result from (i) any
delay, failure, interruption or corruption of our web site or any data or
information transmitted in connection with the use of this web site. (ii)
personal injury or death caused by your use or misuse of our web site,
(iii) the cost of procurement of substitute goods and services resulting
from your use of any goods, data, information or services purchased or
obtained or messages received or transactions entered into, through or
from our web site (iv) unauthorized access to or alteration of your
transmissions or data, (v) statements or conduct of any third party on our
web site, or (vi) any other matter relating to our web site. You hereby
acknowledge that this paragraph shall apply to all content, merchandise,
and services available through our web site, phone calls, live web chats,
snail mail, and e-mail communications.
Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states, liability is
limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and
your sole and exclusive remedy for any cause or claim whatsoever, shall be
limited to the amount paid by you for any product, information or service
purchased by you from us through our web site.
ADVERTISEMENTS AND LINKS TO OTHER SITES
The National Institute of Anxiety and Stress, Inc. does not endorse the
content on any third party web sites. The National Institute of Anxiety and
Stress, Inc. is not responsible for the content of linked third-party
sites, sites framed within the ConquerAnxiety.com site, or third party
advertisements, and does not make any representations regarding their
content or accuracy. Your use of third-party web sites is at your own risk
and subject to the Terms and Conditions of use for those sites. The National Institute of Anxiety and
Stress, Inc. does not host or receive funding from advertising.
INDEMNITY
You agree to indemnify, defend, and hold harmless the National Institute
of Anxiety and Stress, Inc., its officers, directors, employees, agents,
providers, merchants, sponsors, licensors and affiliates from and against
all claims, actions, demands, judgments, losses, and liabilities
(including, without limitation, costs, expenses, and attorneys' fees) by
you or any third-party resulting or arising, directly or indirectly, out
of Content you submit, post to or transmit through our web site, your use
of our web site, your connection to our web site, your violation of these
Terms of Use, or your violation of any rights of another person.
EXPORT
The United States export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals. You agree to abide by these laws and their
regulations, including, but not limited to, the Export Administration Act
and the Arms Export Control Act, and not to transfer, by electronic
transmission or otherwise, any Content derived from our web site to either
a foreign national or a foreign destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our web site. We are
not responsible for screening, policing, editing, or monitoring Content on
our web site. If notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content, we may investigate the allegation and
determine, in our sole discretion, whether to remove or request the
removal of such Content from our web site. We may terminate your access,
or suspend your access to all or part of our web site, without notice, for
any conduct that we believe, in our sole discretion, is in violation of
any applicable law or is harmful to us, our interests or the interests of
another user, a third-party provider, merchant, sponsor, licensor, or
service provider. Because customer service is of utmost importance to our
business, we reserve the right to refuse to sell products to you if it
reasonably appears to us that you intend to resell the products. In
addition, we reserve the right to limit quantities of items purchased by
each customer.
APPLICABLE LAW; JURISDICTION AND VENUE
The National Institute of Anxiety and Stress, Inc. is based in
Pflugerville, Texas, USA. These Terms of Use are governed by the internal
substantive laws of the State of Texas, without respect to its conflict of
laws principles. If there is a dispute between you and us, you expressly
agree that exclusive jurisdiction and venue reside in the state and
federal courts located in Austin, Texas. If any provision of these Terms
of Use is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any of these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or any other term
or condition.
We make no representation that the Content on our web site is appropriate,
legal or available for use in other locations. Access to the content may
not be legal by certain persons or in certain countries. If you access
ConquerAnxiety.com from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your
jurisdiction. You may not use or export the Content in violation of United
States export laws and regulations.
TERMINATION
These terms are effective until terminated by either party. If you no
longer agree to be bound by these Terms of Use, you must cease your use of
our web site. Subject to applicable law, we reserve the right to suspend
or deny, in our sole discretion, your access to all or any portion of our
web site with or without notice. You agree that any termination of your
access to our web site may be effected without prior notice, and
acknowledge and agree that we may immediately deactivate or delete your
account and all related information and files in your account and bar any
further access to such files or our web site. Further, you agree that we
shall not be liable to you or any third-party for any termination of your
access to our web site.
FUNDING
All funding and support for this web site is provided by the National
Institute of Anxiety and Stress, Inc., a private commercial business.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and us
and govern the use of our web site. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. 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. 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 these 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 our web site or these
Terms of Use must be filed within one year after such claim or cause of
action arose or be forever barred. The section titles in the Terms of Use
are for convenience only and have no legal or contractual effect.
These Terms and Conditions constitute the entire agreement between you and
ConquerAnxiety.com with respect to the use of ConquerAnxiety.com, and
content. Your use of ConquerAnxiety.com is also subject to the
ConquerAnxiety.com privacy policy.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, and software is the property of the
National Institute of Anxiety and Stress, Inc. The reproduction,
modification, distribution, transmission, republication, display or
performance of the content on this site is strictly prohibited.
Copyright 2001-2005 by the National Institute of Anxiety and Stress, Inc.
All rights reserved.
These Terms of Use were last updated on May 10, 2005.
Thanks for visiting ConquerAnxiety.com. We hope you find
ConquerAnxiety.com to be a useful resource to help you overcome anxiety
and stress and maintain a low-anxiety lifestyle.
Questions or comments should be directed to:
E-mail: info@conqueranxiety.com
Phone: 1-888-209-4061
Mail: 900 E. Pecan St.
Ste. 300, PMB 305
Pflugerville, TX 78660
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