1. Description of Service
LABELWATCH.com is providing Users and Members with dietary, fitness, and health information. Users and Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by LABELWATCH, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, LABELWATCH, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. LABELWATCH, Inc. shall have no liability for any interruptions in the use of this Website. LABELWATCH, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
LABELWATCH, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR LABELWATCH, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LABELWATCH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Users and Members agrees to indemnify and hold LABELWATCH, Inc., its parents, subsidiaries, affiliates, advisors, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of a User's or Member's use of the Service, the violation of this Agreement, or infringement by User's or Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. User Submissions
By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to LABELWATCH by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-LABELWATCH a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
LABELWATCH may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to LABELWATCH by email. We try to answer every email in a timely manner, but are not always able to do so.
6. Ownership Of User Submissions
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the LABELWATCH site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herin. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to LABELWATCH a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes LABELWATCH to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify LABELWATCH and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
LABELWATCH reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
LABELWATCH.com has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your LABELWATCH.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your LABELWATCH.com account and password; (3) promptly inform LABELWATCH.com of any need to deactivate a password. You grant LABELWATCH.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.
LABELWATCH.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using LABELWATCH.com tools and services.
8. Subscription Services
If you subscribe to one of LABELWATCH's subscription services, the following additional terms and conditions will apply. You should be aware that the LABELWATCH Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you are personally responsible for verifying its suitability for your needs.
9. My LABELWATCH Community
If you use a Public Area, such as a chat room, message boards, blogs or the LABELWATCH community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. LABELWATCH and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws; • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; •Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by LABELWATCH in its sole discretion; • Posting advertisements or solicitations of business; • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); • Posting chain letters or pyramid schemes; • Impersonating another person; • Distributing viruses or other harmful computer code; • Harvesting or otherwise collecting information about others, including email addresses, without their consent; • Allowing any other person or entity to use your identification for posting or viewing comments • Posting the same note more than once or spamming; or • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of LABELWATCH, exposes LABELWATCH or any of its customers or suppliers to any liability or detriment of any type.
LABELWATCH reserves the right (but is not obligated) to do any or all of the following:
• Record the dialogue in public chat rooms. • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. • Terminate a user's access to any or all Public Areas and/or the LABELWATCH Site upon any breach of these Terms and Conditions. • Monitor, edit, or disclose any communication in the Public Areas. • Edit or delete any communication(s) posted on the LABELWATCH Site, regardless of whether such communication(s) violate these standards.
LABELWATCH or its licensors have no liability or responsibility to users of the LABELWATCH Site or any other person or entity for performance or nonperformance of the aforementioned activities.
10. Modifications and Interruption to Service
LABELWATCH, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. LABELWATCH, Inc. shall not be liable to Users or Members or any third party should LABELWATCH, Inc. exercise its right to modify or discontinue the Service.
User and Member acknowledges and accepts that LABELWATCH, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. Third-Party Sites
We encourage all Users and Members to review said privacy policies of third-parties' sites.
12. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While LABELWATCH, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
LABELWATCH, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
13. Governing Jurisdiction of the California Courts
14. Compliance with Laws
Users and Members assume all knowledge of applicable law and are responsible for compliance with any such laws. Users and Members may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Users and Members further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
LABELWATCH is a proprietary mark of LABELWATCH, Inc. LABELWATCH, Inc's trademarks may not be used in connection with any product or service that is not provided by LABELWATCH, Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LABELWATCH.
All other trademarks displayed on LABELWATCH, Inc's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with LABELWATCH, Inc.
16. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LABELWATCH.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail LABELWATCH, Inc. Attention: Copyright Personnel 1300 Clay Street, 6th Floor Oakland, CA 94612 By Email: email@example.com.
LABELWATCH, Inc retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, LABELWATCH, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
18. Other Terms
Disclaimer: The product information provided through this website is obtained from claims made by the product's manufacturer on its labels. Please note that manufacturers occasionally alter their labels and/or change the ingredients or proportion of ingredients in their products. For this reason, we cannot guarantee or ensure the accuracy or timeliness of the listed information. We recommend that you always read the label carefully to obtain the most accurate information before using or consuming a product. You should not rely solely on the information presented on our website. Please consult the product’s label and/or contact the manufacturer directly if you have specific nutrition or dietary concerns or questions about a product.