TERMS & CONDITIONS
Health Distribution, LLC
last updated November 5, 2007
1. Acceptance of TERMS
Health Distribution, LLC, d/b/a ECP Distributors (ECP) provides its service to you subject to the following Terms of Service
(TOS). ECP may update this TOS by posting a new version at http://www.ecpdistributors.org , and your continued use of this service after any such update constitutes your binding acceptance of such changes. By viewing Web pages in this site, you
accept, without limitation or qualification, these terms.
2. Description of SERVICE. ECP provides its users with resources including but not limited to health information, news, financial information about ECP, links to other resources, and a storefront (collectively, the “ECP Website”). Unless explicitly stated otherwise,any new features that augment or enhance the current ECP Website shall be subject to the TOS.
3. Copyright All material on this site, and the files associated with it, are copyrighted by ECP Distributors (ECP) or by the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this site is in the public domain. You may download, copy, reproduce, redistribute, republish, display, post, or transmit material on this site only if expressly permitted, and then only the designated material. ECP in no way represents or warrants that your use of materials displayed on this site does not infringe the rights of third parties.
4. User CONDUCT. It is your responsibility to know, understand, and abide by the following ECP rules of web conduct. These rules are not meant to be exhaustive, and ECP reserves the right to determine what types of conduct it considers to be inappropriate use of the Website and to take such disciplinary measures as it sees fit. ECP reserves the right to add to or amend this list of rules at any time, and you are responsible for checking the TOS for any changes each time you access the ECP Website.
You agree that you will not, under any circumstance:
a. Reproduce, duplicate, copy, sell, transfer, trade, resell, or exploit for any commercial purposes, any portion of the
b. Upload, post, e-mail, transmit, share or otherwise make available any content that is unlawful, harmful, disruptive, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful,
or racially, ethnically or otherwise objectionable and /or illegal;
c. Impersonate any person or entity, including, but not limited to, an ECP employee, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. Upload, post, e-mail, transmit, share or otherwise make available any content that you do not have a right to make available
under any law or under contractual or fiduciary relationships, or that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
e. Upload, post, e-mail, transmit, share or otherwise make available any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy or limit functionality of any computer software or hardware
or telecommunications equipment.
6. Accuracy. While making reasonable efforts to ensure that all information in this site is accurate and up to date, ECP makes no representation or warranty of the accuracy, reliability, or completeness of the information.
7. Specific Disclaimer Concerning Health & Wellness Information. The information provided in this Web site is for informational purposes only. It is not a substitute for medical advice. All information presented should be discussed with your healthcare professional. Any health care advice offered is ONLY general health care advice, not advice to a specific person based on a specific patient’s condition. The advice is intended to provide only a general basis for persons to discuss their personal medical condition with their health care provider. Persons suffering from specific health care problems are strongly urged to directly consult their personal health care provider.
8. Limitation of Liability and Exclusion of Warranty. THIS SITE IS PROVIDED AS IS, AND YOUR USE OF IT IS EXCLUSIVELY AT YOUR OWN RISK. ECP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THIS SITE OR THE MATERIALS IN IT, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ECP ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM IT.
UNDER NO CIRCUMSTANCES SHALL ECP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER
IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), RESULTING FROM ITS PERFORMANCE OR ANY FAILURE
LOSS OF ANTICIPATED PROFITS OR BENEFITS, EVEN IF CHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Communications by You. Any communication or material you transmit to the site by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of ECP and may be used for any purpose, including, but not limited to, reproduction, market research, fund-raising and focus groups. If you transmit confidential information, while we will not intentionally release it or make it public without your consent, we cannot assure you that the information will be kept private. Please be aware that information transmitted over the Internet is not secure, thus confidentiality cannot be guaranteed.
10. Privacy We refer you to our privacy statement for a complete discussion of how ECP utilizes information you communicate via our Web site.
11. Trademarks. All trademarks, service marks, and logos ("Trademarks") displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.
12. Content of Linked Sites. ECP has not reviewed other sites linked to its site, and is not responsible for their content. Accessing linked sites is at your own risk. Provisional links from this site to sites located outside of ECP does not imply endorsement or credibility of the service, information or product offered through the linked sites.
13. Revisions. ECP reserves the right to modify and supplement these terms at any time, without prior notice, by posting the new terms on the site. You agree that your continued access and use of the site shall constitute your acceptance of the new terms.
14. Modifications to Service. ECP reserves the right at any time to modify or discontinue, temporarily or permanently, the ECP Website (or any part thereof), including the members-only areas, with or without notice. You agree that ECP shall not be liable to you or any third party for any modification, suspension or discontinuation of the ECP Website.
15. Entire Agreement The TOS constitutes the entire agreement between you and ECP with respect to the ECP Website and supercedes any prior agreements, oral or written, between you and ECP.
16. Choice of Law and Forum. The TOS and the relationship between you and ECP shall be governed by the laws of the State of Georgia.
17. Waiver and Severability of Terms. The failure of ECP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
YOU ACCEPT THESE TERMS BY USING THIS WEB SITE.