WEBSITE TERMS OF SERVICE
WELCOME TO Cybermed Industries Inc. PLEASE READ THIS AGREEMENT CAREFULLY AS IT
GOVERNS YOUR USE OF THE Nutrapay.com WEBSITE. IT EXEMPTS Cybermed Industries Inc INC.
("Cybermed Industries Inc.com") AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR
LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
CHANGES TO THIS AGREEMENT
Cybermed Industries Inc may, in its sole discretion, change this Agreement from
time to time as it relates to future use of the Website, by posting a
revised Agreement on the Website. By using the Website after this
revised Agreement has been posted, you signify your acceptance and
agreement to be bound by the revised Agreement. You may not change this
Agreement in any manner.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Ownership and Permitted Use of the Website
4. Misprints and Errors, Product Availability and Prices
5. Trade-mark Information
6. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
7. Login Names and Passwords
8. Contests
9. Unsolicited Submissions
10. Your Information
11. Disclaimers, Liability Exclusions/Limitations and Indemnity
12. Personal Information Privacy
13. Other Sites/Resources
14. Termination
15. Governing Law and Dispute Resolution
16. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for
purposes of this Agreement, "person" includes natural persons and any
type of incorporated or unincorporated entity) and Cybermed Industries Inc Inc.
("Cybermed Industries Inc.com") regarding your access to and use of Cybermed Industries Inc.com's
website and all content, information, products and services available on
or through the website (collectively, the "Website"). This Agreement
may also provides benefits to Cybermed Industries IncCybermed Industries Inc.com's affiliates, service
providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement,
and the acceptance and agreement of any person you purport to
represent, to be bound by this Agreement as it then reads, and you
represent and warrant that you have the legal authority to agree to and
accept this Agreement on behalf of yourself and any person you purport
to represent. If you do not agree with each provision of this Agreement,
or you are not authorized to agree to and accept this Agreement on
behalf of the person you purport to represent, you may not access or use
the Website. The Website is for convenience and informational purposes
only and is not intended to convey advice or recommendations, or an
offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with Cybermed Industries Inc.com, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority
where you live and you can form legally binding contracts under
applicable law. You may not use the Website if you live in a
jurisdiction where access to or use of the Website or any part of it may
be illegal or prohibited. It is solely your responsibility to determine
whether your use of the Website is lawful, and you must comply with all
applicable laws. Cybermed Industries Inc.com reserves the right to request proof of
identification and age (for example, proof of your ability to purchase
certain games).
3. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics,
button icons, and scripts and the presentation, arrangement,
coordination, enhancement and selection of such and other information in
text, graphical, video and audio forms, images, icons, software,
designs, applications, data, and other elements available on or through
the Website) is the property of Cybermed Industries Inc.com and others, and is
protected by Canadian and international copyright, trademark and other
laws. Your use of the Website does not transfer to you any ownership or
other rights in the Website or its content. The Website is made
available to you for your lawful, personal use only. You may use the
Website only in the manner described expressly in this Agreement and
subject to all applicable laws. Using the Website for any other purpose
or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the
pages and you do not remove or alter any visible or non-visible
identification, marks, notices, or disclaimers. The Website and its
content may not be copied, imitated, reproduced, republished, uploaded,
posted, transmitted, modified, indexed, catalogued, mirrored or
distributed in any way, in whole or in part, without the express prior
written consent of Cybermed Industries Inc.com. You may not sell or resell any part of
the Website or access to the Website. You may not use any of the
software that is used in the operation or provision of the Website
except while you are using the Website in accordance with this
Agreement.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Cybermed Industries Inc.com endeavours to provide current and accurate information on
the Website. However, misprints, errors, inaccuracies, omissions
(including incorrect specifications for products) or other errors may
sometimes occur. Cybermed Industries Inc. cannot guarantee that products and
services advertised on the Website will be available when ordered or
thereafter. Cybermed Industries Inc does not warrant that the content of the
Website including, without limitation, product descriptions or
photographs, is accurate or complete.
Cybermed Industries Inc. reserves the right to: (a) correct any error, inaccuracy or
omission at any time without prior notice or liability to you or any
other person; (b) change at any time the products and services
advertised or made available for sale on the Website, the prices, fees,
charges and specifications of such products and services, any
promotional offers and any other Website content without any notice or
liability to you or any other person; (c) reject, correct, cancel or
terminate any order, including accepted orders for any reason and (d)
limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers
to purchase products and services on the Website and are not offers to
sell. All prices and other amounts appearing on the Website are quoted
in US dollars.
5. TRADE-MARK INFORMATION
Cybermed Industries Inc™, and other names and logos appearing on or in connection
with Website (the "Marks") are registered or unregistered trademarks,
service marks, tradenames and logos owned or licensed by Cybermed Industries Inc.com or
their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is
strictly prohibited. Nothing appearing on the Website or elsewhere
shall be construed as granting, by implication, estoppel, or otherwise,
any licence or right to use any of the Marks.
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of
Cybermed Industries Inc.com are strictly prohibited. To request permission to link to
the Website, please send an email to support@teamCybermed Industries Inc.com.
Cybermed Industries Inc.com may in its discretion cancel and revoke any permission it
may give to link to the Website at any time and without any notice or
liability. The framing, mirroring, scraping or data-mining of the
Website or any of its content in any form and by any means is strictly
prohibited. You may not use any collaborative browsing or display
technologies in connection with your use of the Website or to post
comments, communications, or any other data of any kind to or on the
Website with the intention that such postings may be viewed by other
users of the Website.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website may be accessible only to
users who have been issued a login name and password (collectively
"Passwords") by Cybermed Industries Inc.com. For the purposes of accessing the Website,
the Passwords remain the property of Cybermed Industries Inc.com and may be cancelled
or suspended at any time by Cybermed Industries Inc.com in its discretion without any
notice or liability to you or any other person.
Cybermed Industries Inc.com is not under any obligation to verify the actual identity
or authority of any person using Passwords to access and use the
Website. Cybermed Industries Inc.com may act upon any communication that is given with
the use of Passwords. Cybermed Industries Inc.com may in its discretion at any time
require proof of the identity of any person seeking to access and use
the Website, and may deny access to and use of the Website or parts of
it or refuse to accept or act upon any communication if Cybermed Industries Inc.com is
not satisfied with such proof.
If you have been issued Passwords: (a) you are fully responsible and
liable for the security of the Passwords and any and all use and misuse
of the Passwords; (b) you will keep the Passwords secure and
confidential at all times and not disclose the Passwords to any other
person or permit any other person to use the Passwords; (c) you will
ensure that all uses of the Passwords comply with this Agreement.
8. CONTESTS
From time to time Cybermed Industries Inc may make contests available to users of
the Website and others. All contests are governed by this Agreement and
the applicable Contest Rules. By participating in a contest through the
Website, you signify your agreement and acceptance of this Agreement and
the applicable Contest Rules.
9. UNSOLICITED SUBMISSIONS
If you send submissions, testimonials or suggestions ("Submissions") to
Cybermed Industries Inc.com or the Website, you automatically grant (or warrant that
the owner of the Submissions grants) to Cybermed Industries Inc.com and its successors,
assigns and licensees a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, assignable, sub-licensable,
right and license to use and exploit the Submissions or any ideas,
concepts, know-how or techniques associated with the Submissions for any
purpose whatsoever, commercial or otherwise, using any form, media or
technology now known or later developed, without providing any
attribution or compensation to you or any other person, without any
liability whatsoever, and free from any obligation of confidence or
other duties on the part of Cybermed Industries Inc.com or its successors, assigns and
licensees, and you agree, represent and warrant that all moral rights in
the Submissions are waived in favour of Cybermed Industries Inc.com and its
successors, assigns and licensees.
10. YOUR INFORMATION
All information you provide through the Website, including registration
information (name and email address), payment information (credit card
numbers and expiration dates), and transaction-related information, must
be true, accurate, current and complete. Cybermed Industries Inc.com will rely on the
information you provide. You will be solely responsible and liable for
any and all loss, damage, and additional costs that you, Cybermed Industries Inc.com or
any other person may incur as a result of your submission of any false,
incorrect or incomplete information or your failure to update your
registration information and payment information within 30 days of any
change.
11. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANT ABILITY, PERFORMANCE OR
DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Cybermed Industries Inc.com TO THE FULLEST
EXTENT PERMITTED BY LAW.
Nothing you read here or on the Nutrapay.com website is to be construed
as medical advice. Always consult your doctor before starting any major
change in your diet, health programs, or any course of supplementation
or treatment, particularly if you are currently under medical care. If
you have or suspect you may have a health problem, you should talk to
your healthcare provider immediately. Only your doctor should evaluate
your health problems and prescribe treatment. Statements about products
and health conditions have not been evaluated by the U.S. Food &
Drug Administration or any other regulatory authority, nor has the FDA
or other regulatory authorities evaluated health claims for these
products. The FDA has not reviewed or approved these products to
diagnose, cure or prevent disease.
LIABILITY EXCLUSIONS
Cybermed Industries Inc.com AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO
THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA,
BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION,
REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS,
UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION
GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Cybermed Industries Inc.com OR ANY PERSON
FOR WHOM Cybermed Industries Inc IS RESPONSIBLE, AND EVEN IF Cybermed Industries Inc.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
Cybermed Industries Inc.com'S TOTAL LIABILITY TO YOU FOR DAMAGES IS LIMITED TO THE
AMOUNT OF THE PRODUCT PURCHASED BY YOU, PLUS SHIPPING AND HANDLING.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN
LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY
PROHIBITIONS MAY APPLY TO YOU.
12. PERSONAL INFORMATION PRIVACY
Cybermed Industries Inc.com collects, uses and discloses personal information in
accordance with its Privacy Policy, which may be changed from time to
time by Cybermed Industries Inc in its discretion without any notice or liability
to you or any other person by making an amended Privacy Policy
accessible through the Website. By accepting this Agreement, and each
time you use the Website, you consent to the collection, use and
disclosure of your personal information by Cybermed Industries Inc in accordance
with the Privacy Policy as it then reads.
13. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to
other Internet sites or resources and businesses operated by other
persons (collectively "Other Sites"). Other Sites are independent from
Cybermed Industries Inc, and Cybermed Industries Inc has no responsibility or liability for or
control over Other Sites, their business, goods, services, or content.
Cybermed Industries Inc does not sponsor or endorse Other Sites or their business,
goods, services, or content, unless expressly indicated in writing. Your
use of Other Sites and your dealings with the owners or operators of
Other Sites is at your own risk, and you will not make any claim against
Cybermed Industries Inc arising from, connected with, or relating to your use of
Other Sites or your dealings with the owners or operators of Other
Sites. As between you and Cybermed Industries Inc, this Agreement, with all
necessary modifications, applies to your access and use of any Other
Sites and their business, goods, services and content.
14. TERMINATION
Notwithstanding any other provision of this Agreement, Cybermed Industries Inc may
in its discretion change, discontinue, modify, restrict, suspend or
terminate the Website or any part of it without any notice or liability
to you or any other person. Cybermed Industries Inc may in its discretion and for
its convenience at any time immediately terminate, temporarily or
permanently, this Agreement or your permission to access and use the
Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of
the Website is terminated for any reason, then this Agreement and all
other then existing agreements between you and Cybermed Industries Inc will
continue to apply and be binding upon you regarding your prior access to
and use of the Website, and anything connected with, relating to or
arising therefrom.
15. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related
matters are governed solely by the laws of British Columbia, Canada and
applicable federal laws of Canada. Any dispute between you and
Cybermed Industries Inc or any other person arising from, connected with or
relating to the Website, this Agreement, or any related matters
(collectively "Disputes") will be resolved before the Courts of British
Columbia, sitting in the City of Vancouver, B.C.,and you hereby
irrevocably submit and attorn to the original and exclusive jurisdiction
of those courts in respect of all Disputes.
16. OTHER MATTERS
If any provision of this Agreement is held to be invalid or
unenforceable for any reason, then the provision will be deemed to be
severed from this Agreement and the remaining provisions will continue
in full force and effect . This Agreement enures to the benefit of and
is binding upon each of Cybermed Industries Inc and its successors, assigns and
related persons, and you and your heirs, executors, administrators,
successors, permitted assigns and personal representatives. You may not
assign this Agreement or the rights and obligations under this
Agreement. Cybermed Industries Inc may assign this Agreement and its rights and
obligations under this Agreement without your consent. No consent or
waiver by any party to or of any breach or default by any other party in
its performance of its obligations under this Agreement will be: (a)
deemed or construed to be a consent to or waiver of a continuing breach
or default or any other breach or default of those or any other
obligations of that party; or (b) effective unless in writing and signed
by all parties.
17. CUSTOMER REWARD PROGRAM
Customers opting in to our Preferred Customer Rewards program are
immediately eligible for auto-ship option at discounted promotional
rate. Customers who sign up for our Customer Rewards Program will
receive Same-day shipping on all products for life as well as be
eligible for special offers and bonuses not available to regular
customers. By signing up for the Preferred Customer Rewards Program, you
agree to receive monthly refill deliveries of your product and have
your credit card automatically charged for these purchases at the
discounted rate of $59.95 per month plus $12.99 Shipping and Handling,
starting 14 days from the day of your membership activation, and each
subsequent 30 days thereafter until cancelled. Your credit card will
only be billed when each fresh supply of your product is sent out. If
you wish to cancel your membership at any time simply contact us by
phone 1.888.717.6936
18. 14 DAY TRIAL TERMS
Customers opting into our Trial Offer receive a 15-day supply for
$1.95(USD) plus Shipping & Handling fee. If you feel the product is
not for you, you may cancel within 14 days from day of initial purchase
in order to avoid enrollment into our Discount Refill Program, which
will provide you with unlimited monthly supply each subsequent 30 days
from date of enrollment at the discounted rate of $59.95 plus Shipping
& Handling fee of $12.95 per month for each subsequent shipment.
Subsequent to the Trial Period, Cancellation requests must be made
within twenty-four (24) hours of the thirtieth (30th) day from the day
of the last charge to your credit card in order to avoid the next
product shipment and charge. Billing charges will appear as *Cybermed1.com on your credit card statement. If you wish to cancel your enrollment at any time, simply contact us by phone: 1.888.717.6936
19. CUSTOMER SERVICE
If you are unsatisfied with any aspects of the services and/or
products that we have provided to you or have any queries or comments
regarding the service, please call us at 1.888.717.6936 and we will be
happy to assist you.
The parties have expressly requested and required that this Agreement
and all other related documents be drawn up in the English language. Les
parties conviennent et exigent expressément que ce Contrat et tous les
documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by these Terms of Service are reserved to Cybermed Industries Inc.com.
You may contact Cybermed Industries Inc.com by email, or postal mail:
Cybermed Industries Inc
One Commerce Centre
1201 Orange St. #600
Wilmington, New Castle
Delaware
USA
1.888.717.6936
Inquiries regarding orders to destined for Brazil please contact: sales@npaysecure2.com .