Terms and Conditions

Terms and Conditions

minavitamin

Welcome to the Mina Vitamins™ website. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this website. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

Use of Website

The information provided on this site is for general informational and educational purposes regarding Mina Vitamins. Certain sections of this website are intended for particular audiences including Mina’s employees, customers and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained in the website is subject to this Terms of Use Agreement. By accessing and using this website, you accept, without limitation or qualification, this Terms of Use Agreement.

Content

Mina Vitamins will use reasonable efforts to include accurate and up-to-date information on this website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this website and the content thereof is at your own risk. Mina Vitamins disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Mina Vitamins nor any party involved in creating, producing or delivering this website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this website, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

User-Submitted Content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account.  The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

You shall not make the following types of Content available.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Mina Vitamins reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Web Site, and, if applicable, to delete any such material from its servers.  The Mina Vitamins intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

You acknowledge that you will not be compensated for any Content you submit, post, or otherwise make available to or through the Web Site, and you agree that Mina Vitamins may publish or otherwise disclose your name in connection with such Content.

Mina Vitamins makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site, and you continue to retain all ownership rights in such Content and the right to use your Content as you determine.  However, you do grant to Mina Vitamins and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

  1. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (i.e., not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
  2. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

Prohibited Uses

The Mina Vitamins imposes certain restrictions on your permissible use of the Web Site.  You are prohibited from violating or attempting to violate any security features of the Web Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Web Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Web Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Web Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Mina Vitamins in providing the Web Site.  Any violation of system or network security may subject you to civil and/or criminal liability.

Disclaimer of Warranties with Respect to Web Site

THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MINA VITAMINS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

MINA VITAMINS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MINA VITAMINS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

Limitations of Liability

MINA VITAMINS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE.  YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL MINA VITAMINS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE.  THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify, defend and hold harmless Mina Vitamins, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Privacy

Mina Vitamins respects the privacy of its website users. Please refer to Mina’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this website.

Third Party Websites and Links

This website may contain links or references to other websites maintained by third parties over whom Mina Vitamins has no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third party links over whom Mina Vitamins has no control. Mina Vitamins makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Mina Vitamins.

Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party.  These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings.  You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Unless we expressly state otherwise, the fact that Mina Vitamins has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations.  We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.  You should carefully review their privacy statements and other conditions of use.

Mina Vitamins does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Medical Information

This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy any communication or other material that you send to us through the Internet or post on a Mina Vitamins website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Mina Vitamins shall have no obligation of any kind with respect to such information. Mina Vitamins shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Refund Policy

Your satisfaction is very important to us.  Purchases of products made directly through the Web Site may be refunded by the Company at its sole discretion. Please contact our Customer Service Team for all questions and concerns regarding such refunds. For purchases of products made through third parties, refunds must be requested from such third parties and will be subject to the refund policies of such third parties.

Trademarks

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Mina Pharmaceuticals, Inc., its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Mina Vitamins actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyrights

The entire contents of this website are subject to copyright protection. The contents of Mina VitaminsTM websites may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Mina. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Mina Pharmaceuticals, Inc., or any third party.

Void Where Prohibited

This website and its contents are intended to comply with the laws and regulations in the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Mina reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this website is void where prohibited.

Governing Laws

This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of Illinois without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois.

Miscellaneous

If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Mina reserves the right to alter or delete materials from this website at any time at its discretion.