FeelGoodNow.com - Your Apple A Day - Terms and Conditions

Terms and Conditions

TO ALL VISITORS TO THE FeelGoodNow.com SITE:
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE FeelGoodNow.com SITE.

If you do not agree to all of these Terms and Conditions of use, please do not use this site.

TERMS AND CONDITIONS

FeelGood, LLC and its website, FeelGoodNow.com does not provide medical perscriptions, advice, diagnosis or treatment, nor does it make any claim toward medical applicability. FeelGoodNow.com is purly an online forum for the research of healthy living and lifestyles.

Please be aware that this information is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. CALL YOUR HEALTHCARE PROVIDER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. Always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

All text, graphics, images, video and professional opinion/commentary, and any/all other material contained on the FeelGoodNow.com site ("content") are for informational purposes only. The content 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the FeelGoodNow.com site. We are not a medical website and should not be relied upon for any medical interpretation of our content.

If you think you may have a medical emergency, call your doctor or 911 immediately. FeelGood, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the FeelGoodNow.com site, nor does it endorse any diagnosis or symptom identification and/or treatment in relation to any and all content information expressed or implied on its website.

Furthermore, in no event shall EBSCO, FeelGood, LLC’s licensed content source, or any of EBSCO’s agents, employees, representatives or affiliates be in any respect legally liable to any User in connection with any Licensed Content and that EBSCO makes no warranty or guaranty as to the accuracy, completeness, correctness, timeliness, or usefulness of any Licensed Content.

USE OF CONTENT

FeelGoodNow.com authorizes you to view or download a single copy of the material on this site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ® 2008 FeelGood, LLC, All Rights Reserved" and other copyright and proprietary rights notices that are contained in the Content. All special rules for the use of certain software and other items accessible on the FeelGoodNow.com site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Certain content is or may be protected by copyright under both United States and foreign laws. Title to the content remains with FeelGood, LLC or its licensors. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice at the editorial discretion of FeelGood, LLC. All rights not expressly granted herein are reserved to FeelGood, LLC and its licensors.

If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

LIABILITY OF FeelGood, LLC AND ITS LICENSORS

The use of the FeelGoodNow.com site and the content is at your own risk. When using the FeelGoodNow.com site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FeelGoodNow.com and its suppliers. Accordingly, FeelGoodNow.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the FeelGoodNow.com site.

WARRANTIES OF FeelGood, LLC AND ITS LICENSORS

The FeelGoodnow.com site and its content are provided on an "as is" basis. FeelGood, LLC, ITS LICENSORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, FeelGood, LLC, its licensors and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, correctness or timeliness of the content, software, text, graphics, links or communications provided on or through the use of the FeelGoodNow.com site.

2. The satisfaction of any government regulations requiring disclosure of information on any software tools with regard to the content contained on the FeelGoodNow.com site.

In no event shall FeelGoodNow.com, its licensors, its suppliers, or any third parties mentioned on the site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FeelGoodnow.com site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FeelGood, LLC, its licensors, its suppliers, or any third parties mentioned on the site are advised of the possibility of such damages. FeelGood, LLC, its licensors, its suppliers, or any third parties mentioned on the site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. FeelGood, LLC, its licensors, its suppliers, or any third parties mentioned on the FeelGoodNow.com site are not liable for any personal injury, including death, caused by your use or misuse of the site, content, or Community Areas (as defined below). Any claims arising in connection with your use of the site, any content, or the Community Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS, “Community Area”

You agree that you will not upload or transmit any communications or content of any type to the Community Areas that infringe or violate any rights of any party. By submitting communications or content to the Community Areas, you agree that such submission is non-confidential for all purposes.

You further agree that you will not send or transmit to FeelGood, LLC by email (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to FeelGood, LLC by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a community Area or if you submit any business information, idea, concept or invention to FeelGood, LLC by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted to FeelGood, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. FeelGood, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Community Areas or to FeelGood, LLC by email.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

FeelGood, LLC may provide links to third-party web sites. FeelGood, LLC also may select certain sites as priority responses to search terms you enter and FeelGood, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FeelGood, LLC does not recommend and does not endorse the content on any third-party websites. FeelGood, LLC is not responsible for the content of linked third-party sites, sites framed within the FeelGood, LLC site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FeelGood, LLC does not endorse any product advertised on the FeelGoodNow.com site.

INDEMNITY

You agree to defend, indemnify, and hold , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL

FeelGood, LLC is based in Lakewood, Colorado, in the United States of America. If you access the FeelGoodNow.com site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with FeelGood, LLC or in any way relating to your use of the site, resides in the courts of the State of Colorado, USA and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving FeelGood, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Colorado without respect to its conflict of laws or principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:

If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting, FeelGood, LLC at 405 Urban St, Suite 140, Lakewood, CO 80226 and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on the FeelGoodNow.com site, these Terms and Conditions constitute the entire agreement between you and FeelGood, LLC with respect to the use of the FeelGoodNow.com site, and content.

In no event shall FeelGood, LLC’s or any of FeelGood, LLC agents, employees, representatives or affiliates be in any respect legally liable to any User in connection with any and all Licensed Content, including but not limited to video, graphics, professional opinions, articles, photos, and quotes. FeelGood, LLC makes no warranty or guaranty as to the accuracy, completeness, correctness, timeliness, or usefulness of any and all content.