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By using this website or ordering any merchandise from us, you acknowledge that you have read and understand these terms and conditions of use ("Terms of Use") and agree to be bound by them. We may change or modify these Terms of Use from time to time. Thus, please review these terms to ensure your acceptance. If you do not agree to these Terms of Use, you are not authorized to use this website or to purchase any merchandise from us.

Applicable Law
This website is maintained through the Dietary Publications offices located in Chicago, IL. Accordingly, this agreement shall be deemed to have been made in the United States in the state of Illinois and shall be governed exclusively by the laws of the State of Illinois without reference to principles of conflicts of law. By using this website, you consent to exclusive jurisdiction and venue in the state of Illinois.

Arbitration of Disputes
You agree that any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from us requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Chicago, Illinois, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law. Any AAA arbitration costs in this arbitration proceeding shall be paid by Dietary Publications.

BECAUSE THE USE OF THIS WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Chicago, Illinois.

Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MERCHANDISE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, COINCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. POWELL'S DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

Blog and Customer Comments
By submitting a comment for a specific product or on the Dietary Publications.com blog, you certify that you are the sole author of said work: the comment is free of plagiarism, and in no way infringes upon the rights of any third party. All quotations, no matter their length, must be credited to their original source. Comments found to be in violation of these requirements are subject to removal at the sole discretion of Dietary Publications.

Dietary Publications has the right but not the obligation to edit or remove any customer comments or blog postings at any time. Dietary Publications.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright and Other Proprietary Rights
All proprietary content and materials on this website, including without limitation this site's layout, organization and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all such protections provided by applicable law.

Severability
If any provisions of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Privacy
Please review our Privacy notice to develop an understanding of our practices with respect to this important issue. Our Privacy notice is also subject to these Terms of Use and its provisions are incorporated by this reference.
Last Updated: 26 Dec 2006 10:13:49 PST home  |  about  |  terms  |  contact
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