Natural Health on the Web (“Natural Health”) is a publication and information service provided by Mangano Publishing Corporation (“MPC”). Natural Health provides users with in depth information and reports on various topics related to natural and alternative health and is located at the domain name <www.naturalhealthontheweb.com> (the “Website”). You may also sign up on the Website to subscribe to MPC’s newsletter, “Prescription-Free Natural Health,” (the “Newsletter”).
You must be 18 years of age or older to use the Services.
If you choose, you may join the Natural Health community (the “Community”), which will enable you to meet other members with similar interests and leave comments for MPC and on the Website. You may access the Natural Health Community through your existing user account with Google, AIM, Yahoo!, Netlog, or OpenID (collectively, the “Community Partners”), or by creating a new account with Google. Please note that MPC has no power over or responsibility for the Community Partners. Your failure to comply with the terms and conditions governing your access to the Community Partner’s services through which you access the Community may result in termination of your access by the Community Partner.
As part of the membership registration process, you will be asked to select a user name under which your activities will be displayed on the Community. You will be responsible for all activities occurring under your user name. You agree to notify MPC immediately of any unauthorized use of your account. We may, in our sole discretion, refuse to allow you to use a user name that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Appropriate Content and Conduct
You are solely responsible for the Content that you publish or display (“post”) on the Website or otherwise transmit to other members of the Community. You understand and agree that MPC may review and delete any data, text, information, graphics, photos, profiles, audio or video clips, links, or other content (collectively, “Content”) that, in the sole judgment of MPC, violates these Terms, or which might be offensive or illegal, or that might threaten the safety of, violate the rights of, or otherwise harm other members of the Community.
If any Content you post through the Community contains links to other websites, you represent and warrant that you have the right to post that link or have obtained permission from the applicable website owner to do so.
MPC may, but shall have no obligation to, remove Content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Such illegal or unauthorized Content includes Content that:
- is patently offensive to MPC Community, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait others into responding); and
- solicits passwords or personal identifying information for unlawful purposes from other Members.
Other illegal or unauthorized uses of the Website include, but are not limited to:
- modifying, adapting, translating, or reverse engineering any portion of the Website;
- using any robot, spider, site search or retrieval application, or other device to retrieve or index any portion of the Website or information contained therein;
- collecting any information about other Community members (including usernames or email addresses) for unauthorized purposes;
- submitting any Content that falsely expresses or implies that it is sponsored or endorsed by MPC;
- authorizing any other person to use your Community membership;
- submitting Content that infringes, misappropriates, or violates the intellectual property, publicity, privacy or other proprietary rights of any party; or
- transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending Content from the Website or the Community and terminating the membership of such violators.
Even though all these actions and this Content are strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages related to such exposure.
You are solely responsible for your interactions with other members of the Community. MPC reserves the right, but has no obligation, to monitor disputes between you and other Members.
MPC’s Proprietary Rights
MPC owns and retains all proprietary rights in the Website and the Services, which contain proprietary information that is protected by applicable intellectual property and other laws. The Website and Services contain copyrighted material, trademarks, and other proprietary information belonging to MPC and its licensors. Except for information that is in the public domain, or for which you have obtained express and written authorization from MPC, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting any Content on or through the Website or the Community, you automatically grant to MPC a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Content.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without first obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For claims of copyright infringement, MPC can be reached as follows:
Mangano Publishing Corporation
1121 74th Street
Brooklyn, New York 11228
MPC is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether posted by Community members, or by MPC.
You should be aware that Content posted by other Community members in their profiles or anywhere else on the Website represents only how they describe themselves, and you should not assume that the information is necessarily correct or accurate. If you arrange any meetings with any person through your use of the Services, you do so at your own risk; you should take such precautions as you deem necessary to ensure your own safety.
MPC is not responsible and disclaims all liability to you for:
- the conduct, whether online or offline, of any user of this website or any Community member;
- any problems caused by the technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, and/or email service;
- theft, destruction, unauthorized access to, or alteration of, user or Community member communications by a third party;
- any problems due to traffic congestion on the Internet or at any website; or
- any injury or damage to users or Community Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the website or the Services.
By using this website, you agree that you, and not MPC, are entirely responsible for all Content that you post to the Website or via the Community. The statements and opinions on the Website and in the Community are provided by MPC as well as various Community members and outside parties; MPC neither endorses nor guarantees the accuracy, integrity, tastefulness, or quality of such statements or opinions. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information opinion, advice or other information available through the website or the forums. Under no circumstances will MPC, or its employees or affiliates be liable for any damage caused by reliance on information obtained through the Website, the Community, or any part of the Services.
Whether created by MPC or third parties, the information posted on the Website is provided to you for general informational purposes only. It 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 care provider with any questions you may have regarding a medical condition.
Disclaimer of Warranties and Limitations of Liability
MPC uses reasonable care in the presentation and information posted on the Website and in the Newsletter, whether created by MPC or by third party content providers. However, MPC does not guarantee the completeness, accuracy, veracity, or timeliness of any such information. BY USING THIS WEBSITE, YOU AGREE THAT THE MATERIALS AND INFORMATION FOUND ON THE WEBSITE AND IN THE NEWSLETTER AND THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE AND THE NEWSLETTER, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR ACCURACY, INFORMATION, SERVICES, QUIET ENJOYMENT, AND NON-INFRINGEMENT. MPC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, FOR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, NON-INFRINGEMENT, MERCHANTABILITY AND INFORMATIONAL CONTENT.
Limitation of Liability: General.
MPC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MPC, ITS EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE COMMUNITY, OR MATERIALS ON THE WEBSITE, EVEN IF MPC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IN NO EVENT SHALL MPC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE COMMUNITY, THE SERVICES, OR ANY PRODUCTS OBTAINED FROM YOUR USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF OR NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability: External Websites.
Any links included within the Website that take users out of the Website are not under the control of MPC and MPC shall not be responsible for the content of any linked website or any link contained in a linked website, regardless of whether MPC or a Community member was responsible for posting such link. All such sites shall be subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights. IN NO EVENT SHALL MPC BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR USE OF OR EXPOSURE TO WEBSITES ACCESSED BY YOU VIA LINKS CONTAINED ON THE WEBSITE OR POSTED BY MEMBERS OF THE COMMUNITY.
Limitation of Liability: Advertisers.
In order to bring you Natural Health’s alternative health resources, MPC accepts advertising from like-minded advertisers. However, MPC shall not be responsible for the content of such advertisements, or for your decision to follow any links placed by advertisers on the Website or to purchase products or services from such advertisers. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations or individuals. IN NO EVENT SHALL MPC BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR ASSOCIATION OR COMMUNICATIONS WITH, PURCHASES FROM, OR EXPOSURE TO ADVERTISERS POSTING ADVERTISEMENT ON OR THROUGH THE WEBSITE.
Limitation of Liability: Products.
We provide several products via the Website. You may purchase books or other materials created by MPC, and you may download products we make available for free. In addition, we may provide you with links to products we recommend that are sold by third parties. IN NO EVENT SHALL MPC BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE PRODUCTS OR MATERIALS PURCHASED OR OBTAINED FOR FREE FROM MPC OR RECOMMENDED BY MPC ON ITS WEBSITE.
Hold Harmless and Indemnity
Term and Termination
This Agreement will remain in full force and effect while you use the Website. You may terminate your Community membership at any time, for any reason, by following the procedures set forth by the applicable Community Partner or by contacting MPC at Frank@ManganoPublishing.com. MPC may terminate your Community membership for any reason, at any time.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between you and MPC with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.
Any claims arising out of or related to these Terms shall be brought within one (1) year of the occurrence of the facts giving rise to such claims. The preceding sentence shall not apply to your indemnification obligations under these Terms.