Last Updated: February 2014
2. License; Reservation of Rights.
3. Additional Restrictions.
Your use of the SANDOW Properties is also subject to the following restrictions:
The SANDOW Properties are only intended for use by users with a United States or Canadian billing address (collectively, and as applicable, the “Territory”). You understand and acknowledge that you may not sign up for, access, or attempt to access or use the SANDOW Properties from outside of the Territory. By using or continuing to use the SANDOW Properties, you represent, covenant and agree that you comply with the Territory requirements at all times.
You may not use the SANDOW Properties to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the SANDOW Properties in any way.
Because the SANDOW Properties include security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the SANDOW Properties. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the SANDOW Properties, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.
The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.
You acknowledge and agree that the views expressed on the SANDOW Properties do not necessarily reflect the views of SANDOW, and SANDOW does not support or endorse any content or materials, whether or not edited by SANDOW, that is posted or submitted by you or any other user.
You may be required to register as a user on the SANDOW Properties to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the SANDOW Properties. If any information provided by you is untrue, inaccurate, not current or incomplete, SANDOW reserves the right to terminate your subscription and refuse any and all current or future use of the SANDOW Properties. SANDOW reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.
Without limiting any of the foregoing, you agree to not use the SANDOW Properties to:
4. Disclaimer of Referrals.
To provide users with a forum in which identify and locate professional, SANDOW cannot and does not involve itself in the agreements between users and the actual professionals that may be featured on the SANDOW Properties.(and/or their representatives). In addition, SANDOW does not screen any professionals and the fact that any professional appears on the SANDOW Properties does not imply an endorsement of him/her. Accordingly, SANDOW cannot ensure the success or level of care that may be provided by any such professional. You, and not SANDOW, is solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her insurance affiliations.
5. External Links Disclaimer.
The SANDOW Properties routinely contain links to external, third party websites. By providing links to other sites, SANDOW does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.
SANDOW does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to any SANDOW Properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator or webmaster.
6. Mobile / Wireless Policy.
In addition to any fees which may be applied for use of any portion of the SANDOW Properties that requires payment (e.g., certain subscriptions, product/ service purchases, etc.), your provider’s standard messaging rates apply to our confirmation and to all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
7. Contests, Promotions, Simulations or Games.
From time to time, SANDOW may offer as part of the SANDOW Properties, contests, promotions, simulations or games (collectively, the “Promotions”). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of SANDOW. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. SANDOW, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release SANDOW and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the SANDOW Properties. SANDOW is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the SANDOW Properties, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. SANDOW is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
8. Intellectual Property Rights.
The SANDOW Properties contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the SANDOW Properties and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the SANDOW Properties which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.
You cannot use any of the trademarks or protected copyright materials found on and within the SANDOW Properties, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.
9. Unsolicited Materials; User License
In operating the SANDOW Properties, SANDOW neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to SANDOW will not be treated as confidential or secret, save certain Transaction Information.
In addition to the foregoing, by communicating with SANDOW and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting SANDOW a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any SANDOW work product. You also warrant that any “moral rights” in posted materials have been waived.
10. Product Purchases.
Across certain SANDOW Properties, you will be permitted to purchase goods for sale thereon, and/or subscribe to certain programs offered by SANDOW that will regularly ship merchandise to you in consideration for your monthly subscription fee (a “subscription program”). All purchases are for consumer use only. No products purchased on any SANDOW Property may be resold, and dealer orders are expressly not permitted. SANDOW reserves the right to accept or reject any order/purchase.
Except in the case of your participation in subscription program in which the products sent to you are pre-determined by a SANDOW representative, you will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
SANDOW is committed to customer satisfaction. Should any non-conforming and/or damaged products be purchased and received by Users from any of the SANDOW Properties, whether or not in connection with those subscription programs offered by SANDOW, some products may be returned based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, SANDOW will gladly replace any products damaged from shipping or otherwise. All purchases on any SANDOW Property / subscription program shall exclusively be in U.S. dollars. We may revise the pricing for products and services we offer at any time. Unless SANDOW shall agree otherwise in writing, all products purchased will be sold FOB third party carrier.
We collect sales tax where required by applicable law.
12. Disclaimer of Warranties.
SANDOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SANDOW PROPERTIES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE SANDOW PROPERTIES SHALL DO SO AT HIS/HER OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Limitation of Liability.
IN NO EVENT WILL SANDOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SANDOW PROPERTIES, EVEN IF SANDOW OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE SANDOW PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SANDOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Mr. Peter Fain
3651 NW 8th Ave.
Boca Raton, FL, 33431
We will respond expeditiously to claims of copyright infringement committed using the SANDOW Properties that are reported to the above-referenced Designated Copyright Agent in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the SANDOW Properties hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).
17. Applicable Laws / Jurisdiction.
You agree that the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms and Conditions, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of Florida, in connection with any such dispute and including any claim involving SANDOW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
19. Provisions unenforceable or invalid.
If you have any questions about this policy or our site in general, please contact us.