Terms & Conditions of Use

 RETURN POLICIES, PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE

Product Guarantee
ZONEHEALTH offers a 100% 30-day money-back satisfaction guarantee (less shipping charges) to all Preferred Customers, retail customers, and Associates. If an Associate returns merchandise exceeding $240 for a refund in any 12 consecutive month period, the request will constitute the Associate’s voluntary cancellation of his or her Associate Agreement, and the refund will be processed as an inventory repurchase pursuant to Section 7.3.

Returns by Retail Customers
A retail customer is a customer who purchases ZONEHEALTH products from an Associate’s inventory. ZONEHEALTH offers, through its Associates, a 100% 30-day money-back guarantee to all retail customers. Every Associate is bound to honor the retail customer guarantee. If, for any reason, a retail customer is dissatisfied with any ZONEHEALTH product, the retail customer may return the unused portion of the product to the Associate from whom it was purchased, within 30 days, for a replacement, exchange or a full refund of the purchase price (less shipping costs).

The following provision sets forth the minimum refund permitted by law to a retail customer:

A retail customer who makes a purchase of $25.00 or more has three business days (72 hours, excluding Sundays and legal holidays)after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt (5 days for Alaska residents). When an Associate makes a sale or takes an order from a retail customer who cancels or requests a refund within the 72 hour period, the Associate must promptly refund the customer’s money as long as the products are returned to the Associate in substantially as good condition as when received (5 days for Alaska residents). Associates must orally inform customers of their right to rescind a purchase or an order within 72 hours (5 days for Alaska residents), and ensure that the date of the order or purchase is entered on the order form. All retail customers must be provided with two copies of an official ZONEHEALTH sales receipt at the time of the sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.

Return of Inventory and Sales Aids by Associates upon Cancellation
Upon cancellation of an Associate’s Agreement, the Associate may return products and sales aids for a refund. In order to receive a refund from ZONEHEALTH pursuant to this policy, the following requirements must be met:

• The items being returned must have been personally purchased by the Associate from ZONEHEALTH (purchases from other Associates or third parties are not subject to refund);
• The items must be in Resalable condition (see Definition of “Resalable” below); and
• The items must have been purchased from ZONEHEALTH within one year prior to the date of cancellation.

Upon receipt of Resalable products and sales aids, the Associate will be reimbursed 90% of the net cost of the original purchase price(s). Shipping charges incurred by an Associate when the products or sales aids were purchased will not be refunded. If purchases were made through a credit card, the refund will be credited back to the same account. If an Associate was paid a bonus or commission based on a product(s) that he or she purchased, and such product(s) is subsequently returned for a refund, the bonus and/or commission that were paid to the Associate based on that product purchase will be deducted from the amount of the refund.

Products and Sales aids shall be deemed “Resalable” if each of the following elements is satisfied:

1. They are unopened and unused;
2. Packaging and labeling has not been altered or damaged;
3. They are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and
4. They are returned to ZONEHEALTH within one year from the date of purchase. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be Resalable.

Montana Residents
A Montana resident may cancel his or her Associate Agreement within 15 days from the date of enrollment.  

Procedures for All Returns
The following procedures apply to all returns for refund, repurchase, or exchange:

1. All merchandise must be returned by the Associate or customer who purchased it directly from ZONEHEALTH.
2. All products to be returned must have a Return Authorization Number which is obtained by calling the Customer Services Department. This Return Authorization Number must be written on each carton returned.
3. The return is accompanied by the original packing slip, a completed and signed Product Return Form, and the unused portion of the product in its original container.
4. Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested. All returns must be shipped to ZONEHEALTH shipping pre-paid. ZONEHEALTH does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Associate. If returned product is not received by the Company’s Distribution Center, it is the responsibility of the Associate to trace the shipment.
5. If an Associate is returning merchandise to ZONEHEALTH that was returned to him or her by a personal retail customer, the product must be received by ZONEHEALTH within ten (10) days from the date on which the retail customer returned the merchandise to the Associate, and must be accompanied by the sales receipt the Associate gave to the customer at the time of the sale.

No refund or replacement of product will be made if the conditions of these rules are not met.

CONSENT TO ELECTRONIC RECORD
E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), requires that you consent to entering into an electronic agreement with ZONEHEALTH, Inc. (“ZONEHEALTH”) before an online version of the ZONEHEALTH Independent Associate Agreement is entered into. Please read the following information carefully.

Should you enter into an online Independent Associate Agreement (“the Agreement”), you will not be required to submit a paper application. The entire agreement between you and ZONEHEALTH will be evidenced by an electronic record. To enter into the Agreement, you must additionally electronically acknowledge that you agree to the Agreement Terms and Conditions and the ZONEHEALTH Policies and Procedures.

To access these documents and enter into the Agreement, you will need the following hardware and software: A Personal Computer (“PC”) with modem or other Internet access device, operational Internet browser software (e.g., Netscape Communicator or Internet Explorer), and Adobe Acrobat Reader. Should there ever be a change in the equipment or software necessary to access the terms of the Agreement, ZONEHEALTH will advise you of the same and will provide you with a list of the equipment and software that is necessary. Upon such event, you may withdraw your consent.

Your consent will apply to all transactions between you and ZONEHEALTH.

As a ZONEHEALTH Associate, you will be provided with a ZONEHEALTH replicating website and Back Office. You may withdraw your consent to the use of electronic records at any time. However, should you do so; the Agreement will be automatically terminated. To withdraw your consent (and thereby terminate the Agreement), or update any personal information, you may do so by logging into your Back Office and notifying ZONEHEALTH of your election to withdraw this consent or to update your personal information. Alternatively, you may notify ZONEHEALTH by mailing or emailing written notice to it at 4125 S.E. Martin Highway, Suite 11, Palm City, Florida 34990 customerservices@zonehealth.com.

During the enrollment process, you will have the ability to read, download, print, and retain the Terms and Conditions and the Policies and Procedures for future reference. Additionally, you may access these documents through your replicating website Back Office or obtain printed copies of those documents by contacting ZONEHEALTH at 4125 S.E. Martin Highway, Suite 11, Palm City, Florida 34990 or customerServices@ZoneHealth.com. If you request these documents by mail or email, your request must include your name, your Distributor identification number, your mailing address, and your E-mail address. Upon receipt of such a request, ZONEHEALTH will mail you the then current version of each document. There is a charge of $5.00 for this service.

By entering into the Agreement, you agree that ZONEHEALTH may amend the same (including the Terms and Conditions and/or the Policies and Procedures) at its sole discretion at any time. Prior versions are archived by ZONEHEALTH. Should you wish to obtain a copy of any archived version of the Terms and Conditions or the Policies and Procedures, send a written request to ZONEHEALTH at 4125 S.E. Martin Highway, Suite 11, Palm City, Florida 34990 or CustomerServices@ZoneHealth.com. Your request must include your name, your Distributor Identification Number, your mailing address, and your E-mail address. Upon receipt of such a request, ZONEHEALTH will mail or email to you a copy of the version of the Agreement that you requested. Be certain to specify the date of the version that you wish to receive.

There is a charge of $5.00 for this service. The most current version of the Policies and Procedures and the Compensation Plan are always available at ZONEHEALTH’s official web site for viewing, printing and downloading.

Please indicate your consent to the above by checking the “I Agree” box on the distributor enrollment page. By providing your consent, you also confirm that you are able to access all the terms of the Agreement electronically. If you do not check the “I Agree” box on the distributor enrollment page, the enrollment process will be terminated and you will be returned to our home page.

PRIVACY POLICY INFORMATION COLLECTION

ZoneHealth (referred to herein as “our”, “us” or “we”) is the sole owner of the information collected on our websites and on the replicated ZONEHEALTH websites that we provide for use by independent contractor Associates (hereafter the “websites”). We collect information from Independent Associates (“Associates”), customers and visitors to the websites at different points on the websites.

Personally Identifiable Information
Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information to us. Personally identifiable information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card information.

Associate and Customer Registration
In order to become an Associate, an applicant must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. We also require an applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Certain customers may be required to register in order to purchase products directly from us (“Registered Customers”). Registered Customers will be required to provide contact information (such as name, mailing address, telephone number(s), and email address) and payment information (such as credit card or checking account information). We use this information to maintain contact with Associates and Registered Customers, and to process Associate and Registered Customer orders.

Downline Genealogy Reports
As a network marketing company, ZONEHEALTH provides certain information to Associates regarding the other Associates and Registered Customers enrolled in an Associate’s downline marketing organization. If you enroll as an Associate or Registered Customer with ZONEHEALTH, your name, address, email address, and telephone number will be provided to your Sponsor. No other personally identifiable information will be shared with other Associates. Such information is made available to ZONEHEALTH Associates subject to a confidentiality and non-disclosure covenant in the agreement that each Associate enters into with ZONEHEALTH.

Product or Service Purchases
When a customer, Registered Customer, or Associate purchases products or services from us through any of our websites; the purchaser must provide us with mailing and contact information as well as payment information. This information is used for billing and payment purposes and to fill orders.

INFORMATION USE

Personally Identifiable Information
Personally identifiable information that is collected from customers, Associates and Registered Customers through Associate and Customer Registration, Product or Services Purchases and/or Surveys is used as described above. ZONEHEALTH DOES NOT share personally identifiable information except as may be necessary to process and fill an order. ZONEHEALTH may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by ZONEHEALTH, no personally identifiable information is shared.

Profile Information
ZONEHEALTH stores information that it collects through cookies, log files, clear gifs, and/or third parties to create a profile of visitors to our websites (“users”), including customers, Registered Customers, and Associates. A profile is stored information that ZONEHEALTH keeps on individual users that details their viewing preferences. Profile information is tied to the user’s personally identifiable information to provide offers and improve the content of the site for the user. ZONEHEALTH does not share profile information with other third parties.

Cookies
A cookie is a piece of data stored on a user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on the websites. ZONEHEALTH uses both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.

By setting a cookie on a user’s computer, users do not have to log in a password more than once, thereby saving time while at the websites. If a user rejects the cookie, the user will still be able to use the site. The only drawback to this is that the user may need to enter his or her password every time he or she accesses the site.

Log Files
Like most standard website servers ZONEHEALTH’s websites use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Clear Gifs (Web Beacons/Web Bugs)
ZONEHEALTH employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help ZONEHEALTH to better manage content on the websites by informing it what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to users’ personally identifiable information.

In addition, ZONEHEALTH uses clear gifs in its HTML-based emails to let it know which emails have been opened by the recipients. This allows ZONEHEALTH to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

COMMUNICATIONS FROM US

Special Offers and Updates
ZONEHEALTH sends all new Associates and Registered Customers a welcoming email to verify password, username, and acceptance of the Associate Agreement or Customer Agreement. All Associates and Registered Customers will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with ZONEHEALTH and who grant permission will also receive occasional information on products, services, special deals, and the like.

Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Associates and/or customers an email. Generally, Associates may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Associate and Customer Service
ZONEHEALTH communicates with Associates and Registered Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their ZONEHEALTH business. ZONEHEALTH communicates with other customers with respect to products or services purchased by such customers from ZONEHEALTH. Such communications may be by email, regular mail or telephone.

SHARING

Legal Disclaimer
Though ZONEHEALTH makes every effort to preserve user privacy; ZONEHEALTH may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on ZONEHEALTH.

Aggregate Information (non-personally identifiable)
ZONEHEALTH shares aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.

These are the instances in which we will share users’ personal information:
ZONEHEALTH DOES NOT Share Personally Identifiable Information about users with any Third Parties.

Third Party Fulfillment
ZONEHEALTH uses an outside shipping company to ship orders, and a credit card processing company to bill Associates for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Service Providers
ZONEHEALTH partner’s with other third parties to provide specific services. When necessary to provide services or products to Associates, Registered Customers, and other customers, we share names and/or other contact information with service providers and vendors. Such third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Business Transitions
In the event ZONEHEALTH goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, the personal information of Associates and customers will, in most instances, be part of the assets transferred. If as a result of the business transition, an Associate’s or customer’s personally identifiable information will be used in a manner different from that stated at the time of collection, the Associate or customer will be given choice consistent with our notification of changes section.

Choice
Users are always notified when their information is being collected by any outside parties. We do this so users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Links
ZONEHEALTH’s websites may contain links to other sites. Please be aware that ZONEHEALTH is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by ZONEHEALTH websites.

Security
ZONEHEALTH takes every precaution to protect all users’ information. When users submit sensitive information via ZONEHEALTH’s websites, their information is protected both online and offline.

When the Associate Application, Customer Registration, and/or online order forms ask users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry -SSL. While on a secure page, such as the Associate Application and Agreement and online order forms, the lock icon on the bottom of web browsers such as Mozilla Firefox and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’.

While ZONEHEALTH uses SSL encryption to protect sensitive information online, the Company also does everything in our power to protect user information off-line. All user information, not just the sensitive information mentioned above, is restricted in ZONEHEALTH’s offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. ALL employees are kept up-to-date on Company security and privacy practices. Finally, the servers that store personally identifiable information are in a secure environment.

MISCELLANEOUS

Changes to this Privacy Policy
ZONEHEALTH reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page.

Making Changes to Your Personally Identifiable Information
Associates and may update their personal information as necessary by logging into their ZONEHEALTH replicated website back offices, which allows them to access and edit their registration account information. Registered Customers may update such information by contacting us at CustomerService@ZoneHealth.com to update your profile.

Protecting Children
ZONEHEALTH is committed to the safety of our children. Persons under the age of 18 may not enroll as ZONEHEALTH Associates or register as customers. Children under the age of 18 may not purchase products through any of our websites. We do not knowingly collect any personal information from such children at this site or any of its other sites.

Questions
Questions regarding this Privacy Policy should be directed to Info@ZoneHealth.com, or by mail 21 Tioga Way, Marblehead, MA 01945.

Effective Date
The effective date of this Privacy Policy is August 10, 2012.

Web Site Terms of Use
This web site (the “Site”) is operated by ZoneHealth (referred to herein as “ZONEHEALTH”, “we”, “us” and “our”). Your use of the Site is subject to the following terms and conditions.
 

In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

7. Linking:
Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these web sites and their content. We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party web sites linked from this Site, you do so at your own risk.

No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your web site, please submit via fax your request to link to this Site to (781-639-8154). Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of ZONEHEALTH, a web site that links to this Site:

• Shall not imply, either directly or indirectly, that ZONEHEALTH is endorsing its products;
• Shall not use any of our Trademarks or the Trademarks of our licensors;
• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
• Shall not present false or misleading information about us or the ZONEHEALTH opportunity;
• Shall not misrepresent any relationship with us;
• Shall not replicate in any manner any content in the Site; and
• Shall not create a browser or border environment around Site material.

8. Claim of Copyright Infringement:
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your physical address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ZONEHEALTH may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

By Mail: ZoneHealth, Attn: Copyright Agent, 21 Tioga Way, Marblehead, MA 01945
By Email: Info@ZoneHealth.com
By Telephone: (855)342-6522

9. Submissions:
For purposes of these Terms of Use, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.

We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.

By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Section 12 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use. You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. See Section 12 below.

10. Accounts:
Some services on this Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.

We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

11. Public Forums and Communication:
“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you distribute on or through the?site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have not duty to monitor any Public Forum.

You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you not obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.

12. Rules of Conduct:
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:

• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

13. Removal of Submissions:
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

14. Health Care Professionals:
In some states, it is prohibited for health-care professionals to receive commissions for referring patients to specific health-care providers or products. Please check with your state licensing boards for details.

15. International:
The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside United States Territories.

16. Privacy:
ZONEHEALTH respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy.

17. Children:
ZONEHEALTH is committed to the safety of our children. Children under the age of 13 may not purchase products through this Site. ZONEHEALTH does not knowingly collect any personal information from such children at this Site.

18. Disclaimer of Warranties:
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERRORFREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDINGTHE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.

The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.

19. Limitation of Liabilities:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANYOFTHE FOREGOINGENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOUND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE STIE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

20. Governing Law, Jurisdiction and Venue:
This Site is created and controlled by us in the State of Massachusetts. The laws of the State of Massachusetts govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the United States District Court for the District of Massachusetts or the Massachusetts State courts located in Essex County, State of Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

21. General Provisions:
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUR OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Contacting Us:
You may contact us regarding these Terms of Use or the Site by any of the following methods:

By Mail: ZoneHealth. 21 Tioga Way, Marblehead, MA 01945
By Email: Info@ZoneHealth.com
By Telephone: (855) 342-6522. By Fax:  (781) 639-8154

22. Effective Date: 

These Terms of Use are effective as of August 10, 2012, and shall remain in effect until modified and/or updated as provided in Section 3 above.