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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
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