Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Eclipse Organics have jointly created this Internet site on the World Wide Web. This site provides Internet-based communications and information services to the consumer. By using this site, you signify your agreement to these Terms and Conditions of use. You must agree to these Terms and Conditions in order to use this site. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, please do not use this site.
Eclipse Organics may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted on this Web site because your continued usage of this Web site (the "Site") will mean you accept those changes.
Section 1. General Disclaimer; No Medical Advice
THE CONTENT ON THE SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
Eclipse Organics do not recommend or endorse any specific test, products, or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. Eclipse Organics do not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by Eclipse Organics, Eclipse Organics Health, Nutrition or Fitness Experts, or other visitors to the Site is solely at your own risk. Eclipse Organics assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. Eclipse Organics reserve the right to change or discontinue at any time any aspect or feature of this Site.
Section 2. Position on Your Privacy
Eclipse Organics recognize the premium you place on privacy protection on the Internet. Our employees share the same concerns! Working together, we strive to protect your privacy, including the information you share in the registration process that you must complete in order to become a participating Member ("Subscriber") to the nutrition and fitness resources and related services ("User Services"), and the information you share within the other Interactive Areas of this Site.
Eclipse Organics do not collect personally identifiable information about Members or other Site users ("Users") except when such individuals specifically provide such information on a voluntary basis. A Member’s or User's access to and use of the Eclipse Organics Site or services constitutes information voluntarily given by the Member or User.
2. Use of Registration Information
Personally identifiable information of individual Members and Users will not be sold or otherwise transferred to unaffiliated third parties without the Member’s or User's prior consent. The Site stores the Internet Protocol (IP) address of your computer when you visit the Site. This information is only used to create broad demographic summaries of where our Members and Users come from: for example, we know what percentage of Members or Users come from Europe or Africa, but our use of the IP addresses does not include identifying who those users actually are. However, Eclipse Organics may use registration information and other voluntarily submitted information in the following ways:
* To provide our editors with information that is useful in developing new features and services for Site Members and Users;
* To provide advertisers with aggregate -- never individual -- information about our Member base and User usage patterns; and
* To allow us to potentially vary advertising based on Member and User preference.
* To provide the Member base and User with an individual experience on the Site through personalization.
It is not possible for a Member or User to delete his or her profile from our database, nor is it feasible to delete all traces of a Member’s or User's activity in the system. Messages posted to the boards are examples of user activities that are not feasible to delete.
Eclipse Organics may send regular email updates to Subscribers. If you wish to have your email address deleted from our database, please use this form. Please allow two to three business days for the actual cancellation to take effect. We will not share your email address with third parties without first receiving your permission.
3. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, Chat Rooms, and other Interactive Areas (collectively referred to as "Interactive Areas").
Members and Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, email address) on the bulletin boards or chat areas of the Site, that information, along with any substantive information disclosed in the Member’s or User's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Eclipse Organics Eclipse Organics make no warranties about the discoverability of Subscribers' identity by methods beyond our control.
4. Cookie Technology
Section 3. Use of Content; Copyright
Upon acceptance of these Terms and Conditions, Eclipse Organics authorize you to view or download a single copy of the material on this Web site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into these Terms and Conditions by reference.
The contents of the Site, such as text, graphics, images, software applications and other material including software licensed by Eclipse Organics to permit Members and Users to access the Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other Member or User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Eclipse Organics.
For information obtained from the Site's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Eclipse Organics If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Section 4. Company's Liability; Disclaimer of Consequential Damages
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Eclipse Organics makes no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk.
You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Eclipse Organics and their suppliers. Accordingly, Eclipse Organics assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content contained therein are provided on an "as is" basis without any warranties of any kind. Eclipse Organics, their licensors, and their suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Eclipse Organics, their licensors, and their suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the Site. Eclipse Organics, their licensors, and their suppliers do not make any warranty that the Content contained on the Site satisfies government regulations requiring disclosure of information on prescription drug products.
In no event shall Eclipse Organics, their licensors, their suppliers or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Eclipse Organics are advised of the possibility of such damages. Eclipse Organics shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed $50,000. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
Section 5. User Submissions
Except as described herein, any communication, which you post on the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant -- or warrant that the owner of such content has expressly granted -- Eclipse Organics 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 alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Section 6. Use of Interactive Areas
Eclipse Organics may provide Interactive Areas on the Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Eclipse Organics do not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. 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 Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Member or User or any other person or entity as determined by Eclipse Organics at their sole discretion pursuant to this Section 6;
4. Post advertisements or solicitations of business;
5. After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
6. Post chain letters or pyramid schemes;
7. Impersonate another person;
8. Allow any other person or entity to use your identification to post or view comments;
9. Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
10. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Eclipse Organics, expose Eclipse Organics or any of their customers or suppliers to any liability or detriment of any type.
Eclipse Organics reserve the right to record the dialogue in public chat rooms. Eclipse Organics do not screen communications in advance and is not responsible for screening or monitoring material posted by Members or Users or any other person or entity. If notified by a Member or User of communication(s) which are alleged not to conform to the terms of this Section, Eclipse Organics may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Eclipse Organics reserve the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, Eclipse Organics reserve the right to terminate a Member’s or User's access to any or all Interactive Areas upon Member’s or User's breach of these Terms and Conditions. Eclipse Organics reserve the right (but are not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content.
Furthermore, Eclipse Organics reserve the right (but are not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Eclipse Organics or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. Eclipse Organics HAVE NO LIABILITY OR RESPONSIBILITY TO MEMBERS OR USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Eclipse Organics do not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your use of the Site's Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.
Section 7. Links to Other Sites
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Eclipse Organics of the content on such third-party Web sites. Eclipse Organics are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Your use of third-party Web sites is subject to the Terms and Conditions of use for such sites.
Section 8. Advertisements
The Site may contain advertisements by third parties, and these advertisements may contain links to other Web sites. Unless otherwise specifically stated, Eclipse Organics do not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Section 9. Indemnity
You agree to defend, indemnify and hold Eclipse Organics, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the User Services , Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Eclipse Organics shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
Section 10. Export Control
Australia controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content (including Software).
Section 11. General
Eclipse Organics is based in Sydney, NSW, in Australia. Eclipse Organics make no claims the Content is appropriate or may be downloaded outside of Australia. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Eclipse Organics, or in any way relating to your subscription to or use of the Site, resides in the courts of the Commonwealth of Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Australia in connection with any such dispute including any claim involving Eclipse Organics or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Australia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 13. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND ECLIPSE ORGANICS WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Thank you for your cooperation with these Terms and Conditions. We hope you find the Site helpful and convenient to use! Questions or comments regarding this Site should be posted using info@EclipseOrganics.com.au.