We reserve the right, at our discretion, to modify these Terms at any time, which will be effective ten (10) days following the posting of the modification to the Site or providing notice to You (by inclusion in newsletter or otherwise), whichever occurs first, and will apply to causes of action arising after the effective date of the change. Please check these Terms periodically for changes. Your continued use of this Site ten (10) days following the posting of changes to these Terms or providing notice to You, whichever occurs first, will mean You accept those changes.
1. No Medical Advice:
The Content of the Site, such as text, graphics, images and information obtained from Amorphical or from any other source is for informational purposes only. The content of the site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Information and statements regarding nutritional supplements have not been evaluated by the Food and Drug Administration.
2. Ability to Accept Terms:
You affirm that You are over the age of 18, as the Site is not intended for children under 18. If it comes to Amorphical’s attention through reliable means that a registered user is a child under 18 years of age, Amorphical may cancel that user’s account and/or access to the Site.
3. Website Access:
A. Amorphical hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without Amorphical’s prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, or the like ; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
B. In order to access some of the services of the Site, You may have to create an account. You may never use another person’s account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your account, and You must keep Your account password secure. You must notify Amorphical immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of Amorphical or others due to such unauthorized use. Amorphical will not be liable for Your losses caused by any unauthorized use of Your account. If you wish to delete your Account you may use tools that we make available through the Services or send an email request to us at:
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Site in a manner that sends more request messages to the Amorphical servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Amorphical grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Amorphical reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or email addresses, from the Site, or to use the communication systems provided by the Site for any commercial solicitation purposes. D. Amorphical, in its sole discretion, has the right to terminate Your access to the Site immediately, with or without cause.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, “Content”) and the trademarks, service marks and logos contained therein (collectively, “Marks”), are owned by or licensed to Amorphical. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Amorphical’s prior written consent. Amorphical reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. “Amorphical”, the DensityTM logo, and other Marks are Marks of Amorphical or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners. This section shall survive any termination of these Terms.
5. Links -3-
The Services may display advertisements not operated by Amorphical. We have no control over the content of any such advertisements. The existence of such an advertisement shall not be construed as an endorsement by Amorphical of the advertisement or its content.
7. Information Description
Amorphical attempts to be as accurate as possible. However, Amorphical cannot and does not warrant that the Content available on the Site, including news or magazine articles, “white papers” and other written material concerning nutrition and/or health, is accurate, complete, reliable, current, or errorfree. Amorphical reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
8. Limitation of Liability and Warranty
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER AMORPHICAL USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT AMORPHICAL IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. AMORPHICAL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BEWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
CONTENT FOUND ON THE SITE OR THROUGH THE SITE IS FOR \ INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER. THE INFORMATION POSTED HERE BY AMORPHICAL OR BY ANY THIRD PARTY IS NOT, AND SHOULD NOT BE CONSIDERED, MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES SHALL AMORPHICAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES, EVEN IF AMORPHICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT AMORPHICAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST AMORPHICAL OR ITS AFFILIATES,
OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Amorphical, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense, hold harmless and indemnification obligation will survive these Terms and Your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Amorphical without restriction or notification to You.
11. Governing Law -5-
YOU AND AMORPHICAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.