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EFFECTIVE DATE: January 10, 2010 Terms of Use Welcome to www.nanogreenshawaii.com (“Web Site”) operated by Performance Living LLC (the “Company”). By visiting the Web Site, you agree to these terms and conditions of use (“Terms of Use”) including the Privacy Policy http://nanogreenshawaii.com/privacy.php which is incorporated herein. If you do not agree to the Terms of Use, please do not use the Web Site. Web Site Access The Company authorizes you to use the Web Site for your personal use. You may not use the Web Site for any commercial purpose, except as provided for herein. You may not interfere with the operation of the Web Site or make changes to it. You may not use any technology to monitor the traffic on the Web Site or copy the content contained on the Web Site. We reserve the right to deny any person the use of the Web Site. Ownership The Company or its licensors are the sole owners of all content contained on the Web Site. The Web Site is protected under United States and international copyright laws. ALL RIGHTS RESERVED. You may not use any of the material contained on the Web Site in any manner not provided for herein. The Web Site may contain proprietary logos, service marks and trademarks. The Company does not grant any license to utilize those logos service marks or trademarks by merely visiting the Web Site. Billing When you place a trial offer order with NanoGreens Hawaii, you will automatically become a part of our elite "Ohana" customer club. Your active credit card will be billed $7.95 for the shipping of your 14-day trial. If you choose to keep your trial canister, your active credit card will be billed the low member price of only $49.95 for your trial. Then 49.95, which includes a month's supply of NanoGreens with FREE SHIPPING, will bill to your card each month. No obligation, CANCEL or adjust your shipments ANYTIME by calling 877 808 1877 or email contact@nano-greens.com! Disclaimer of Warranties THIS WEB SITE IS OFFERED “AS IS” TO THE GREATEST EXTENT PROVIDED BY LAW. THE COMPANY IN NO WAY MAKES ANY WARRANTY REGARDING THE USE, OPERATION OR CONTENT OF THIS WEB SITE OR ANY OTHER WEB SITE LINKED TO OR ADVERTISED ON THE WEB SITE. THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVER THAT MAKES THIS WEB SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states or jurisdictions do not allow the exclusion of implied warranties, or conditions or limitations on how long an implied warranty may last, so the above limitations may not apply to you. You may have other rights which vary from state to state or jurisdiction to jurisdiction. Limitation of Liability To the greatest extent permitted by law, the Company shall not be liable for any loss or damages (whether direct, indirect, consequential, incidental, or otherwise) resulting from any use of this Web Site. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. Links to Third Parties The Web Site may contain links to web sites operated by third parties. The Company has no control over the content or operation of those web sites, even if the Company is affiliated in some way with them. You access such sites at your own risk. Nevertheless, the Company requests any feedback you may have regarding links provided on the Web Site. Indemnification You agree to indemnify, defend, and hold harmless the Company and its officers, employees, agents, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, resulting out of any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web Site using your internet account. Right to Change These Terms of Use The Company reserves the right to change these Terms of Use at any time. Any and all changes will take effect immediately upon posting. By continuing to use the Web Site after changes are made to the Terms of Use, you are indicating your consent to the new terms and conditions. Health Information The information contained on the Web Site is provided for informational purposes only and is not meant to be a substitute for the advice provided by your doctor or other health care professional. You should not use the information on or through the Web Site for diagnosing or treating a health problem or disease, or for prescribing any medication. 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. Read all instructions provided in the product packaging prior to use. General Provisions These Terms of Use and any additional terms posted on this Web Site constitute the entire agreement between the parties. The Terms of Use shall be governed and construed in accordance with the laws of the State of Maryland, U.S.A., without any reference to its conflicts of law rules. You agree that jurisdiction and venue in any legal proceeding relating to this Web Site shall be in the state or U.S. courts located in the State of Maryland. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or action arises. If for any reason a court of competent jurisdiction finds that any provisions, or portion thereof, of these Terms of Use are unenforceable, that provision shall still be enforced to the maximum extent permissible by law, and the remainder of these Terms of Use shall continue in full force and effect. 30 Day Money Back Guarantee Your order of NanoGreens is backed by our 30 Day Money Back Guarantee ("Guarantee"). In order to make use of our Guarantee, you are obligated to send back any unused portions of NanoGreens and we must receive it within 30 days of the charge date so that you may receive a full refund for your purchase. Please send all returns to: *** Thank you for visiting the Web Site. If you have any questions, please contact us here.
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