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Terms of Use

Natural Mental Health Application Terms of Use

These Terms of Use (“Terms”) govern your use of the www.NMHSupplements.com Web site (hence forth called the “Site”), blogs, social media, printed materials and associated content and services (collectively, the “NMHS Content”) and constitute an agreement between you Natural Mental Health LLC (“NMHS”).

Your use of the Natural Mental Health Supplements Content is conditioned upon your acceptance and continued adherence to these Terms. Please read them carefully. If you do not wish to be bound by these Terms of Use, discontinue using and accessing the Natural Mental Health Supplements content immediately.

You understand and agree that NMHS may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site or for the NMHS Content. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the NMHS Content after any modifications indicates your acceptance of the modified Terms.

Disclaimers

Information and Rationale

The use of NMHS Content is solely at your own risk.

NMHS Content includes information regarding specific NMHS products. NMHS has made good-faith efforts to compile and present this information, but does not guarantee its accuracy or completeness.

The information, instructions, and general advice contained in the NMHS Content is intended only as a general reference for further exploration and is not a replacement for professional health advice.

Information on this web site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. It is provided for informational purposes only. The NMHS Content does not provide individualized dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging.

You should read carefully all product packaging and consult with your primary care physician before adding, modifying, or making any other changes to your medical protocol including but not limited to medications, natural remedies, diet, and exercise.

We urge you to consult your qualified healthcare professional such as a naturopathic physician or psychiatrist when using any of the NMHS products or content. If you have or suspect that you have a medical problem, promptly contact your health care provider. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of the NMHS Content.

If you are in the United States and think you are having a medical or health emergency, call your healthcare professional, or 911, immediately.

Developments and NMHS Content

Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the NMHS Content will always include the most recent findings or developments with respect to the particular material. NMHS, makes reasonable efforts to ensure that the information on this website is accurate, however there may be inaccuracies and occasional errors for which NMHS apologizes. The products advertised on this site may not be available in your area and NMHS cannot guarantee the availability of these products.

Statements on this website have not been evaluated by Health Canada or the U.S. Food and Drug Administration or by any other similar governmental authority in any other jurisdiction. The Products referred to in this site are not intended to diagnose, treat, cure or prevent any disease.

NMHS does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the NMHS Content.

Privacy Policy

Protecting your privacy is important to us. Please consult our Privacy Policy to learn how we collect and treat your personal information. The Privacy Policy is incorporated by reference as part of these Terms. Please click here to read more about our Privacy Policies.

Age Restrictions

In order to use the NMHS Content, you must be 18 years of age or older. If you less than 18 years old, you must request permission from your parent or guardian before accepting these Terms or using the NMHS Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the NMHS Content.

Use of NMHS Content and Site

You may use the NMHS Content solely for your own personal benefit and you agree not to use the NMHS Content for any commercial use or in support of any other person or entity.

You may not use the NMHS Content to:

  • Engage in or facilitate any illegal activity;
  • Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files;
  • Interfere with or disrupt networks, systems, and/or computers used to provide the NMHS Content. You agree to comply with all regulations, policies, and procedures of such networks and systems.
  • Advertise or offer to sell any goods or services unless you have NMHS’ written consent to do so;
  • Collect or store personal information about other end users;
  • Restrict or inhibit any other user from using the NMHS Content;
  • Impersonate any person or entity, including, but not limited to, a NMHS representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Intellectual Property

All text, video, audio, sound, graphics, software, information and other materials made available as part of the NMHS Content, including but not limited to the look and feel of the Site and the Apps, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by NMHS and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display, or modify the NMHS Content.

You agree to access the NMHS Content only through the interface that is provided by NMHS for use in accessing the NMHS Content. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, or screen scraping tools, to access, monitor, download, or copy any part of the NMHS Content, unless NMHS has provided prior written consent.

NMHS, www.NMHSupplements.com, our product names, and other of our slogans, phrases, marks, icons, and logos included with or accompanying the NMHS Content are our trademarks or registered trademarks. All other trademarks, service marks, logos, and trade names included with or accompanying the NMHS Content are trademarks or registered trademarks of their respective owners.

Links to Other Sites

The NMHS Content may contain links to other Web sites. NMHS will attempt to tell you when you are leaving the NMHS Content, but there may be instances when NMHS is unable to do so. NMHS is not responsible for the content, accuracy, or opinions expressed in other Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.

Inclusion of any link on the NMHS Content does not imply approval or endorsement of the linked NMHS  site by us. If you decide to leave the Site or Apps and access any third-party site, you do so at your own risk.

Limitations of Liability

This website is NMHS’ official website. No other website which would claim to represent NMHS is authorized by NMHS, and in no event can NMHS be held liable in any way of any such website or its contents.

This website and all of the information it contains are provided “as is” and NMHS makes no representations or warranties about the information provided through this website, including any hypertext links to any third party website or other items used either directly or indirectly from this website. Moreover, nothing contained in this website may be interpreted to be a representation, warranty or a medical, legal, fiscal, accounting or investment advice from NMHS. You expressly acknowledge and agree that NMHS, its officers, directors, employees and agents cannot in any way be prosecuted for damages or injuries incurred by you as a result from using this web site. You accept to indemnify and hold harmless NMHS, its officers, directors, employees and agents for any wrongful use of this website by you and for any breach of these terms.

In no event will NMHS be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the NMHS Content, even if NMHS is aware of the possibility of such damages. Notwithstanding anything to the contrary contained herein, NMHS’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to US $250. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.

NMHS reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this website and to restrict or prohibit access to it.

In the event that any terms or any part of the terms contained herein shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid, lawful and enforceable to the fullest extent permitted by law.

These terms may be amended by NMHS from time to time.

Indemnity

You agree to indemnify and hold NMHS and its directors, officers, agents, contractors, partners and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the NMHS Content.

Testimonials

All testimonials found within this website represent the real life experience of the individual participants. Names of the participants have been changed or withheld to protect the privacy of the individual. I understand that NMHS reserves the right to publish, edit or reject any testimonials, or feedback that I send either via email, via the Website or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to me – unless we have specifically agreed otherwise in writing prior to submission. I give NMHS the right to display advertisements in connection with my testimonial and to use my feedback for advertising and promotional purposes. All testimonials found within this website are opinions that represent experiences of the individual participants. Names of the participants have been changed or withheld to protect the privacy of the individual.

General Disclaimers

NMHS does not warrant or covenant that the NMHS Content will be available at any time or from any particular location, will be secure or error-free, or that the NMHS Content or its Content is free of viruses or other potentially harmful components. NMHS  may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the NMHS  Content from time to time without notice to you.

NMHS is not responsible for any problems or technical malfunctions outside of NMHS ’ reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances will NMHS  be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the NMHS Content.

The NMHS  Content is provided “as is,” and NMHS disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. NMHS  cannot guarantee and does not promise any specific results from use of the NMHS  Content. Your use of the NMHS  Content is at your own risk.

Feedback

NMHS  has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the NMHS  Content and/or its processes and underlying software (“Feedback”), provided by you to us, whether solicited or unsolicited.

Returns

Payment and Returns: Customers are to submit HSA, debit card or credit card as method of payment. Additionally, returns and/or credits will grated based on the terms outlined in the ?????? section.

International Use

This website is controlled and operated by NMHS. NMHS makes no representations that the NMHS Content is appropriate or legally available for use in locations outside the United States. If you are accessing the NMHS Content from outside the United States,  you are solely responsible for complying with all local laws.

Software Downloads and Export Controls

Software and related technologies that may be available in connection with the NMHS Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.

Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of the State of Arizona, USA., without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Scottsdale, Arizona, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. NMHS  reserves the right to seek any interim, preliminary, or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers, and subcontractors.

In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the Arizona state courts located in Maricopa County, Arizona, or the federal district court for the of Arizona. In such event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt.

Termination

NMHS, at its sole option, may terminate, block or suspend your access to the NMHS Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.

Miscellaneous

Both you and NMHS  agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the NMHS  Content and neither you nor NMHS  have the power or the authority to obligate or bind the other. These Terms set forth the entire agreement between you and NMHS  pertaining to your use of the NMHS  Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

Medical developments

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this Website will always include the most recent findings or developments with respect to the particular material. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this Website.

No warranties

I understand that the medical information on this Website is provided without any representations or warranties, express or implied. I understand that NMHS makes no representations or warranties in relation to the medical information on this Website. Without prejudice to the generality of the foregoing paragraph, NMHS does not warrant or represent that the medical information on this Website:

  • (a) will be constantly available, or available at all; or
  • (b) is complete, true, accurate, up to date and/or non-misleading.

Limiting liability

I understand that under no circumstances shall NMHS or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. I acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Nothing in this medical disclaimer will:

  • (a) limit any of our liabilities in any way that is not permitted under applicable law; or
  • (b) exclude any of our liabilities that may not be excluded under applicable law.
  • I understand that the marketing materials and NMHS literature is owned by NMHS and that sharing, distributing, copying, or duplicating this material for my own personal or commercial is strictly prohibited. I understand that should I engage in any of the aforementioned that I accept full liability.

Copyright:

I understand that the NMHS Website and its contents are copyright of Natural Mental Health Supplements LLC. All rights reserved. Reproduction of all or any substantial part of the contents in any form is strictly prohibited. No part of the Website may be copied or distributed for any personal or commercial purpose without express approval from Natural Mental Health Supplements LLC.

Testimonials:

All testimonials found within this website represent the real life experience of the individual participants. Names of the participants have been changed or withheld to protect the privacy of the individual. I understand that NMHS reserves the right to publish, edit or reject any testimonials, or feedback that I send either via email, via the Website or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to me – unless we have specifically agreed otherwise in writing prior to submission. I give NMHS the right to display advertisements in connection with my testimonial and to use my feedback for advertising and promotional purposes.

  • I agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:
  • a) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity;
  • b) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, obscene, harassing or otherwise objectionable;
  • c) contains a formula, instruction, or advice that could cause harm or injury;
  • d) the licensed use by us hereunder would result in us having any obligation or liability to any party,
  • e) does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated.

These are the terms of use for this Website. If you do not accept these terms of use, please do not use this Website or purchase any products listed. I agree and understand that continued use of this Website and purchasing any products, either myself or by-proxy, confirms my acceptance of these terms.

If you do not agree to or are not able to abide by these Terms, you relinquish the right to access or use the NMHS Content.

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