Hygain
Hygain
Legal Information

This Website is Operated by Hy Gain Feeds Pty Ltd ("Hygain").

BY USING THIS WEB SITE, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW.

Your Use of This Website is Governed by These Terms and Conditions.

Please take a few minutes to review these Terms and Conditions. Your use of the Hy Gain Feeds Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, then do not use the Hy Gain Feeds Website.

These Terms and Conditions May Change Without Prior Notice. Hygain reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Hy Gain Feeds Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website. The last date these terms and conditions were revised is set forth below.

Eligibility

The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors. If you do not qualify, please do not use the Service. Hygain may refuse access to and usage of the Service to anyone at any time, in its sole discretion.

Fees and Taxes

There are no fees for using the Service. You are, however, responsible for paying all applicable taxes for all hardware, software, service and other costs you may incur in accessing our servers or purchasing products and services through the Service. You also acknowledge and agree that Hygain does not undertake any Responsibility to calculate, report, or remit sales or use taxes which may be assessed, due, or owning to the authorities of any taxing jurisdiction for transactions that arise in connection with your use of the Service.

Copyright and Trademark Notice

All of the content you see, hear or otherwise experience on the Hy Gain Feeds Website (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Hygain, its affiliates or by third parties who have licensed their materials to Hygain. The entire Content of the Hy Gain Feeds Website is copyrighted as a collective work under Australian copyright laws, and Hygain owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Hy Gain Feeds Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Hygain reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Hygain.

No Harmful Action

You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any Content contained on the Website. You agree not to add to, subtract from, or otherwise modify the Content on the Website.

Submissions

We welcome your comments and suggestions regarding the Hy Gain Feeds Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Hygain shall be and remain the exclusive property of Hygain. Your submission of any such Comments shall constitute an assignment to Hygain of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Hygain will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of any agreement or obligation to keep the Comments confidential. Hygain expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our privacy policy.

Colors

Hygain attempts to display as accurately as possible the colors of any logos or products shown on the Website. However because the colors you see will depend on your monitor, Hygain cannot guarantee that your monitor's display of any color will be accurate.

Correction of Errors and Inaccuracies

The information on the Hy Gain Feeds.com Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

No Endorsements

References on the Hy Gain Feeds Website to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by Hygain. Hygain and its affiliates do not endorse nor make any warranties or representations about any Website you may access through the Hy Gain Feeds Website. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Website.

Privacy Policy

It is Hygain's policy to respect the privacy of its on-line visitors. Hygain may use technology to obtain non-personal information from on-line visitors in order to improve the on-line experience, such as tracking the total number of visitors to our site. In addition, Hygain only gathers personally identifiable data, such as names, addresses and e-mail addresses, etc., when voluntarily submitted by a visitor. For example, personally identifiable information may be requested by Hygain in order to respond to a request for a subscription to have designer diet developed. It is Hygain's policy to use personally identifiable information for Hygain's internal business purposes only. Unless otherwise noted on this or other Hygain sites, information will not be shared or sold to third parties except for Hygain's internal business purposes. Hygain's privacy policy may be changed without notice, although changes will not be applied retroactively.

Disclaimers

The Hy Gain Feeds Website is operated by Hygain on an "AS IS," "AS AVAILABLE" basis, without representations or warranties of any kind. Hygain AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Hygain and its affiliates do not represent or warrant that the information on the Hy Gain Feeds Website is accurate, complete or current or that the Hy Gain Feeds Website will operate without interruption or error. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Hygain and its affiliates make no representation that content provided on the Hy Gain Feeds Website is applicable or appropriate for use in locations outside Australia. Portions or versions of the Website that have been translated into any language other than English are provided for the convenience of the user only. Hygain makes no representation or warranty that the translations are complete and accurate and Hygain, by providing some foreign language content, undertakes no obligation to provide translations of all or any portion of its Website in any language except as determined by Hygain.

Limitation of Liability

Under no circumstances, shall Hygain and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Hy Gain Feeds Website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of Hygain or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Hy Gain Feeds Website or any content on the site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Hy Gain Feeds Website. You acknowledge, by your use of the Hy Gain Feeds Website, that your use of the Website is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of Hygain and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars (AUS $100.00).

Enforcement of Terms and Conditions

By accessing and using the Hy Gain Feeds Website, you agree that your access to and use of the Hy Gain Feeds Website is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of Victoria, Australia. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Hygain's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Hygain with respect to the subject matter hereof.

Use of Models/Endorsements

Throughout our website, we utilize photographs or likenesses of individuals, which we have been licensed to use on our site. Our use of these photographs or likenesses should not be construed as an endorsement of our products by these individuals, unless such endorsement is specifically indicated in our site.

Last Revised: October 13, 2004

Hygain