Terms Of Use

Last Updated: August 2005

Agreement

This is an agreement ("Agreement") between you and DOCTOR'S CHOICE SUPPLEMENTS. This Agreement governs your use of the EQUISHINE.COM website, operated by DOCTOR'S CHOICE SUPPLEMENTS. DOCTOR'S CHOICE SUPPLEMENTS OFFERS THE EQUISHINE.COM WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE EQUISHINE.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. IF YOU DO NOT AGREE WITH ANY SECTION, YOUR ONLY REMEDY IS TO NOT USE OUR WEBSITE.

HOW DOCTOR'S CHOICE SUPPLEMENTS MAY MODIFY THIS AGREEMENT

DOCTOR'S CHOICE SUPPLEMENTS reserves the right to change the terms, conditions, and notices under which it offers the EQUISHINE.COM website, including any charges associated with the use of the EQUISHINE.COM website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the EQUISHINE.COM website. Your continued use of the EQUISHINE.COM website after the effective date of such changes constitutes your acceptance of and agreement to such changes.

No Commercial, Unlawful or Harmful use of the EQUISHINE.COM Website

The EQUISHINE.COM website is only for your personal use. You will not use the EQUISHINE.COM website for commercial purposes. You will not use the EQUISHINE.COM website in any way that is unlawful, or harms DOCTOR'S CHOICE SUPPLEMENTS, its affiliates, distributors, service providers and/or suppliers, partners, agents, or any customer of a DOCTOR'S CHOICE SUPPLEMENTS, as determined by DOCTOR'S CHOICE SUPPLEMENTS's sole discretion. You may not use the EQUISHINE.COM website in any manner that could damage, disable, overburden, or impair any EQUISHINE.COM website (or the network(s) connected to the EQUISHINE.COM website) or interfere with any other party's use and enjoyment of the EQUISHINE.COM website.

SPAM is Prohibited

You will not use the EQUISHINE.COM website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

Information You Provide

For information provide (a "Submission") to DOCTOR'S CHOICE SUPPLEMENTS related to the EQUISHINE.COM website, DOCTOR'S CHOICE SUPPLEMENTS, or DOCTOR'S CHOICE SUPPLEMENTS products, you grant DOCTOR'S CHOICE SUPPLEMENTS permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the EQUISHINE.COM website, DOCTOR'S CHOICE SUPPLEMENTS, or DOCTOR'S CHOICE SUPPLEMENTS products and (2) sublicense these rights, to the maximum extent permitted by applicable law. DOCTOR'S CHOICE SUPPLEMENTS will not pay you for your Submission. DOCTOR'S CHOICE SUPPLEMENTS may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

Information Available from the EQUISHINE.COM Website

DOCTOR'S CHOICE SUPPLEMENTS reserves the right to change the content, presentation, performance, user facilities and availability of any part of the EQUISHINE.COM website at its sole discretion and without notice. Any such changes will become effective upon posting by DOCTOR'S CHOICE SUPPLEMENTS.

DOCTOR'S CHOICE SUPPLEMENTS and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the EQUISHINE.COM website including product information, frequently asked questions, instructions, tips and advice, etc. DOCTOR'S CHOICE SUPPLEMENTS and its suppliers do not authorize the use of information available from the EQUISHINE.COM website for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

Where DOCTOR'S CHOICE SUPPLEMENTS provides links to third party websites, DOCTOR'S CHOICE SUPPLEMENTS shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the link and DOCTOR'S CHOICE SUPPLEMENTS does not endorse or approve the content of such third party websites.

DOCTOR'S CHOICE SUPPLEMENTS Makes No Warranty

The EQUISHINE.COM website including, without limitation, its contents, functionality, performance and features are provided on an "as is," "with all faults," and "as available basis" at the member's sole risk and without representations or warranties of any kind and to the full extent permitted by law. DOCTOR'S CHOICE SUPPLEMENTS and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free. DOCTOR'S CHOICE SUPPLEMENTS does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the EQUISHINE.COM website.

Indemnity

IN NO EVENT WILL ANY DOCTOR'S CHOICE SUPPLEMENTS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE EQUISHINE.COM WEBSITE, EVEN IF SUCH DOCTOR'S CHOICE SUPPLEMENTS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE EQUISHINE.COM WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DOCTOR'S CHOICE SUPPLEMENTS PARTY WITH RESPECT TO THIS AGREEMENT OR THE EQUISHINE.COM WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EQUISHINE.COM WEBSITE.

Changes to the EQUISHINE.COM Website& Additional Liability Limitation

DOCTOR'S CHOICE SUPPLEMENTS MAY CHANGE THE EQUISHINE.COM WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the EQUISHINE.COM website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by DOCTOR'S CHOICE SUPPLEMENTS and persons other than DOCTOR'S CHOICE SUPPLEMENTS (any such person is referred to as a "Third Party"). YOU ACKNOWLEDGE AND AGREE THAT THE DOCTOR'S CHOICE SUPPLEMENTS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. YOU ACKNOWLEDGE AND AGREE THAT DOCTOR'S CHOICE SUPPLEMENTS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE EQUISHINE.COM WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THE EQUISHINE.COM WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE EQUISHINE.COM WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE EQUISHINE.COM WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

Termination

DOCTOR'S CHOICE SUPPLEMENTS may terminate this Agreement, or terminate or suspend your access to the EQUISHINE.COM website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the EQUISHINE.COM website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE EQUISHINE.COM WEBSITE MAY NOT BE RETRIEVED LATER.

Interpretation

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. DOCTOR'S CHOICE SUPPLEMENTS may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the EQUISHINE.COM website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and DOCTOR'S CHOICE SUPPLEMENTS with respect to the EQUISHINE.COM website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DOCTOR'S CHOICE SUPPLEMENTS with respect to the EQUISHINE.COM website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Copyright & Trademark Notices

All contents of the EQUISHINE.COM website are Copyright ©2005 DOCTOR'S CHOICE SUPPLEMENTS and/or its suppliers. All rights reserved. DOCTOR'S CHOICE SUPPLEMENTS, and/or other DOCTOR'S CHOICE SUPPLEMENTS products and services referenced herein may also be either trademarks or registered trademarks of DOCTOR'S CHOICE SUPPLEMENTS in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If you believe that your intellectual property right has been infringed, it is your obligation to notify DOCTOR'S CHOICE SUPPLEMENTS immediately.

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