| WEB SITE TERMS AND CONDITIONS
Thank you for visiting this web site, owned
and operated by Holy Spring Water Holy Water Company . (The site at and all other
Web sites owned or operated by Holy Spring Water Holy Water Company, collectively
are referred to as the "Site"). The following terms and
conditions ("Terms and Conditions") govern your access
to and use of the Site (including without limitation your purchase
of products from this Site). By accessing, viewing, or using the
content, material, or services available on or through this Site,
you indicate that you have read and understand these Terms and Conditions,
and that you agree to them and intend to be legally bound by them.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED
PERMISSION TO USE THIS SITE AND SHOULD EXIT IMMEDIATELY.
1. Informational Purposes Only. The information
on this Site is for informational purposes only. No information,
services, or materials offered by or through this Site shall be
construed as or understood to be medical advice or care. The U.S.
Food and Drug Administration has not reviewed the safety or effectiveness
of any products offered or noted on this Site, nor any statements
made in the Site. None of the information on this Site shall be
used to diagnose or treat any health problem or disease. You must
consult with a physician, doctor, or health care provider before
taking any product or using any information on this Site.
2. Children's Protection Policy. CHILDREN
UNDER THE AGE OF 18 MUST EXIT THIS SITE IMMEDIATELY AND ARE PROHIBITED
FROM USING THIS SITE. This Site is not written, nor is this Site
designed, for children and therefore is unsuitable for their use.
Specifically, and without limitation, articles, observations, pictures,
and discussion board commentary contained on this Site are not suitable
for children. We urge parents to monitor and guide their children's
use of computers, especially in regard to the Internet, to prevent
children from visiting inappropriate Web sites or opening themselves
to possible of harm of any kind from unscrupulous people.
3. Rules for Use of this Site. By accessing
or using the Site or the products or services made available or
offered by or through the Site, including without limitation the
ability to send anonymous electronic mail messages to others, you
- and anyone and everyone else using the Site through any username
or password issued to you or selected by you - agree that any and
all of the following are strictly prohibited at all times:
Posting or transmitting any material, whether
word, image or graphic, that is false, libelous, threatening, hateful,
harmful, defamatory, harassing, abusive, slanderous, illegal, indecent,
obscene, pornographic, or embarrassing, or which discloses to any
third person any private or personal matters concerning any person,
all of which shall be determined by Condysil in its sole discretion.
Posting or transmitting material that infringes
the copyright, patent, trade secret, trademark, or other intellectual
property or proprietary rights of any person.
Representing or portraying oneself as someone
other than who they actually are, or making any false, misleading,
or misrepresentative statement.
Posting, transmitting or displaying any information
about another person without their consent including, but not limited
to, email address, health condition, or health status, except to
anonymously notify that other person through the anonymous electronic
mail service provided by the Site that they may have an STD.
Using the Site or any portion or product
or service offered by or through the Site, including without limitation
any or all public access areas, in any way that violates local,
state, national, or international law.
Distributing, reproducing, executing, or
including in any material, information, or data posted or transmitted,
any viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer programming routines that damage, harm, disrupt, detrimentally
interfere with, surreptitiously intercept, or expropriate any system,
data or personal information, or that are intended to do so.
Allowing, permitting, or causing anyone other
than you to use your user name or password.
Sending or transmitting unsolicited bulk
e-mail, "spam," or the same note more than once, or engaging
in or conducting any conduct that restricts or inhibits any other
person from accessing or using this Site as it is intended.
Posting, transmitting, or distributing advertisements,
promotions, or solicitations without the prior written approval
of Holy Spring Water Holy Water Company.
Engaging in any activity that, in the sole
judgment of Holy Spring Water Holy Water Company, exposes Holy Spring Water Holy Water Company, its
officers, directors, employees, agents, principals, representatives,
contractors, successors, assigns, vendors, customers, proprietors,
partners, shareholders, servants, predecessors, and attorneys or
suppliers ("Holy Spring Water Holy Water Company Parties") to any undesirable
actual or potential responsibility or liability.
At any and all times, you are responsible
for all information, materials, content, and data you transmit and
post on or via the Site. Further, Holy Spring Water Holy Water Company does not monitor,
review, or edit any messages or materials or information posted
by its users, whether via the electronic mail notification services,
the discussion boards, or otherwise.
4. Privacy Statement. Holy Spring Water
Holy Water Company has a Privacy Statement disclosing what information
we collect about
visitors, how we use such information, and the steps we take to
secure such information. Click here to view the privacy policy,
which is incorporated into these Terms and Conditions by reference,
as if set forth fully herein. Please be advised that the confidentiality
of any communication or material transmitted to Holy Spring Water
Holy Water Company
via the Site or Internet electronic mail cannot be guaranteed,
including, for example, personal information such as your address
or name.
Alternatively, you may contact Holy Spring Water Holy Water Company
by telephone at: Customer Service (9 AM - 5 PM EST / Monday -
Friday) 1-866-555-1212
or Sales and Product Information (9 AM - 5 PM EST / Monday - Friday)
1-866-555-1212, or write us at webmaster@Holyspringwater.com.
5. Offensive Materials. This Site may contain
health or medical-related materials that you may find sexually or
graphically explicit or otherwise offensive. Accessing or use of
the Site constitutes acceptance of this risk. The Holy Spring Water Holy Water Company
Parties have no control over and accept no responsibility for such
materials.
6. Proprietary Rights. Holy Spring Water Holy Water Company
owns, licenses, or uses pursuant to legal authority the data, content,
graphics, forms, artwork, and other material for this Site (the
"Content"), as well as the selection, coordination, arrangement,
and organization and enhancement of the Content (also, the "Content")
for this Site. Except as indicated, this Site and Content are owned
or licensed by Holy Spring Water Holy Water Company and are 1999-2001 Holy Spring Water Holy Water Company
and/or third party licensors. All rights reserved. Any use, reproduction,
or distribution of this Site or Content without Holy Spring Water Holy Water Company'
advance written consent is prohibited, except, however, you may
download one temporary copy of these materials on any single computer,
and you may print one copy of these materials for your use in learning
about, evaluating, or acquiring Holy Spring Water Holy Water Company' or its licensees'
or licensors' services or products. All trademarks, service marks,
and logos appearing on the Site are proprietary to Holy Spring Water Holy Water Company
or its licensors. Use or misuse of these trademarks without Holy Spring Water Company' advance written consent is expressly prohibited.
7. Links to Other Sites. This Site may contain
links to other Internet Web sites for the convenience of users in
locating information, products, or services. These sites and any
other sites operated or maintained by third parties are operated
or maintained by organizations over which Holy Spring Water Holy Water Company exercises
no control, and Holy Spring Water Holy Water Company expressly disclaims any and
all responsibility for the Content, links, and other items, the
accuracy and completeness of the information, and the quality of
products or services made available or advertised on these third-party
sites. Holy Spring Water Holy Water Company does not control, endorse, promote, or
have any affiliation with any other Web site.
8. Site Content. This Web site is for your
personal and non-commercial use. You may not frame, capture, harvest,
collect, or create hypertext or other links or connections to any
part of the Site or Content without Holy Spring Water Holy Water Company' advance
written consent. Holy Spring Water Holy Water Company is not responsible for any
errors or omissions in the Content or other materials. Holy Spring Water Holy Water Company
is not responsible for the accuracy or completeness of the Content,
advertisements, or other items contained within this Site. Holy Spring Water Holy Water Company
may make changes to the content of this Site, or the products or
services made available in connection with this Site at any time,
with or without notice, and makes no commitment to update any of
these items.
9. EXCEPT FOR OUR REFUND POLICY RELATED TO
YOUR ABILITY TO RETURN UNUSED PORTIONS OF UNSATISFACTORY PRODUCTS,
YOUR USE OF THE SITE AND ANY AND ALL PRODUCTS PURCHASED VIA OR IN
CONNECTION WITH THE SITE IS SOLELY AT YOUR RISK. WE HEREBY DISCLAIM
ALL REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITY, AND HEREBY
MAKE NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, EXPRESS AND IMPLIED,
WRITTEN AND ORAL, ARISING FROM COURSE OF PERFORMANCE, USAGE OF TRADE,
COURSE OF DEALING, OR OTHERWISE, WITH REGARD TO THE SITE, ANY OR
ALL PRODUCTS SOLD VIA THE SITE, OR ANY AND ALL CONTENT, AND EACH
AND EVERY ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION THE DISCUSSION
BOARD, THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN CONNECTION
WITH THE SITE, AND ANY AND ALL MESSAGES OR INFORMATION POSTED OR
TRANSMITTED IN CONNECTION WITH THE DISCUSSION BOARD OR THE MAIL
NOTIFICATION SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY,
SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, ABOUT THE TRUTH, SUITABILITY,
RELIABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT (INCLUDING WITHOUT
LIMITATION INFORMATION AND GRAPHICS), PRODUCTS, OR SERVICES CONTAINED
ON THIS SITE FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION THE DELIVERY
OR MISDELIVERY OF ANY ELECTRONIC MAIL NOTIFICATION SENT VIA THE
SITE. THE SITE, ANY AND ALL CONTENT, AND EACH AND EVERY ELEMENT
THEREOF, INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD, THE
ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN CONNECTION WITH
THE SITE, AND ANY AND ALL MESSAGES OR INFORMATION POSTED OR TRANSMITTED
IN CONNECTION WITH THE DISCUSSION BOARD OR THE MAIL NOTIFICATION
SERVICE, ARE PROVIDED "AS IS" AND WITH ALL FAULTS.
IN NO EVENT SHALL WE BE LIABLE TO ANY USER
OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES
OF ANY KIND WHATSOEVER ARISING FROM OR CONNECTED WITH THESE TERMS
AND CONDITIONS, THE SITE OR ANY CONTENT OR ANY ELEMENT THEREOF (INCLUDING
WITHOUT LIMITATIONS THE INABILITY TO ACCESS THIS SITE OR MISDIRECTED
ELECTRONIC MAIL NOTIFICATIONS), INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, LOST DATA, OR LOST PROFITS, REGARDLESS OF LEGAL
THEORY, EVEN IF ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE
PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
10. IF YOU ARE DISSATISFIED WITH Holy Spring Water Holy Water Company'
PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS OR RESPONSIBILITIES
IN CONNECTION WITH THE SITE, THE SITE AS A WHOLE OR ANY PORTION
OR PORTIONS OF THIS SITE, OR WITH ANYTHING ELSE RELATED TO, CONNECTED
WITH, OR BASED UPON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THIS WEB SITE. Under no circumstances will
the total liability of Holy Spring Water Holy Water Company to you and any and all
other persons in connection with, based upon, or arising from this
Site or any Content or any element thereof or your use of this Site
exceed $100. Some jurisdictions do not permit the exclusion or limitation
of liability for consequential or incidental damages, and, as such,
some portion of the above limitation may not apply to you. In such
jurisdictions, our liability is limited to the greatest extent permitted
by law.
11. Indemnification. You shall defend, indemnify,
and hold harmless the Holy Spring Water Holy Water Company Parties from and against
any and all suits, actions, claims, proceedings, damages, settlements,
judgments, awards, settlements, obligations, injuries, liabilities,
losses, risks, costs, and expenses (including without limitation
attorneys' fees and litigation expenses) relating to or arising
from this Site, the Content, your use of this Site, your fraud,
negligence, violation of law, or willful misconduct, or any breach
by you of these Terms and Conditions.
12. Use of Services and Product Information.
This Site, including the products displayed on the Site, is intended
solely for the use and benefit of United States citizens residing
in the U.S. The Site shall not be used to send electronic message
notifications to non-U.S. citizens or to non-U.S. residents, nor
shall the Site be used by non-U.S. citizens or non-U.S. residents
to send electronic mail notifications. The products displayed on
this Site shall not be ordered from or delivered outside the United
States. The prices displayed on the Site are quoted in U.S. dollars.
Although we have tried to accurately display the colors of products,
the actual colors you see will depend on your computer monitor and
may depend on other hardware or software used by you. The display
of Content, or other materials on your monitor may or may not be
accurate.
13. Securities Information. This Site and
the information contained herein do not constitute an offer or a
solicitation of an offer for the purchase or sale of any securities.
This Site may contain information and press releases about Holy Spring Water Holy Water Company,
and although this information was believed to be accurate as of
the date prepared, Holy Spring Water Holy Water Company disclaims any duty or obligation
to update such information. To the extent that any information is
deemed to be a "forward looking statement" as defined
in the rules and regulations of the Securities Act of 1933, as amended,
such information is intended to fit within the "safe harbor"
for forward looking information and is subject to material risk
factors which may or may not be disclosed herein.
14. Use of the Internet. Use of the Internet
is solely at your own risk and is subject to all applicable local,
state, national, and international laws and regulations. Neither
Holy Spring Water Holy Water Company nor its contractors will be liable for any loss
resulting from a cause over which they do not have direct control,
including, but not limited to, failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator
errors, severe weather, earthquakes, natural disasters, strikes
or other labor problems, wars, or governmental restrictions.
15. Changes; Termination. These Terms and
Conditions may be changed by Holy Spring Water Holy Water Company at any time, with
or without notice; your continued use of this Site after any change
is made to the Terms and Conditions signifies your understanding
of and intention and agreement to be bound by such change. It is
your responsibility to monitor these Terms and Conditions for changes.
Holy Spring Water Holy Water Company reserves the right to terminate your access
to this Site in the event that you violate these Terms and Conditions
or for any reason whatever or no reason, with or without notice.
16. Governing Law and Jurisdiction. These
Terms and Conditions represent the entire agreement between you
and Holy Spring Water Holy Water Company with respect to the subject matter hereof,
supersede any and all prior and contemporaneous written and oral
representations, understandings, and agreements between us, and
will be governed by and construed in accordance with the laws of
the Commonwealth of Pennsylvania without reference to its conflict
of law rules. In the event of any conflict between these Terms and
Conditions and any statement or omission on the Site or any products
or services connected therewith, these Terms and Conditions shall
govern. This Site is controlled and operated by Holy Spring Water Holy Water Company
from its offices within the United States. The waiver or failure
of Holy Spring Water Holy Water Company to exercise in any respect any right provided
hereunder shall not be deemed a waiver of such right in the future
or a waiver of any of other rights established under these Terms
and Conditions.
Any and all controversies and claims arising
out of or relating to these Terms and Conditions, including without
limitation the breach thereof, shall be settled by binding arbitration
administered by the American Arbitration Association in accordance
with its Commercial Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The arbitration proceedings shall be conducted
before a panel of three (3) neutral arbitrators, all of whom shall
be selected from a panel of persons having experience with and knowledge
of commercial activities conducted over the Internet, and at least
one of the arbitrators selected will be an attorney. Except as may
be required by law, neither a party nor an arbitrator may disclose
the existence, content, or results of any arbitration hereunder
without the prior written consent of both parties.
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