Terms of use - NHFpro

Terms of Use Agreement

Table of Contents

Purpose
Code of Conduct
Not Healthcare Advice
Product Purchases
Usage & Termination
Privacy Policy
Consent to Communications
Return, Refund and Replacement of Goods
Shipping & Delievery
Programs
Liability Disclaimer
Agreement
Severability; Interpretation
Miscellaneous
Contact Us

1. Purpose

Welcome to the NHFpro websites (the “Site”).This NHFpro Terms of Use Agreement (“Agreement”) sets forth the agreement between Natural Health Holding NHFpro’s affiliated companies (together “We”, “Us”, or “Our”) and each user (“User”, “Your” or “You”) governing the use by you of the Site, the NHFpro Rewards Program (“Rewards Program”), and the NHFpro Privacy Policy (“Privacy Policy”). Please read this agreement carefully and fully before using the Site, participating in the Rewards, or disclosing to us any personal information.

By using the Site, participating in the Rewards Program, or disclosing to us any personal information:

(i) you agree that you have read and understand the terms of this Agreement,

(ii) you accept and agree to be bound by the terms of this Agreement, and

(iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.

The terms of use contained in this Agreement may change periodically and may be revised at any time and from time to time in our sole discretion by updating this posting. You should visit this page from time to time to review the then current terms of use because they are binding on you. Your continued use of the Site means that you accept any changes or modifications to this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement by contacting Customer Service. Certain provisions of the terms of use contained in this Agreement may be superseded by legal notices or terms located on particular pages of the Site.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes.

2. CODE OF CONDUCT

NHFpro’s Code of Conduct is included in this Agreement. Participants in NHFpro’s Rewards / Affiliate Program, customers, vendors, and stakeholders are expected to comply with the Code of Conduct.

NHFpro’s CODE OF CONDUCT AND BUSINESS ETHICS

NHFpro’s Code of Conduct (“Code”) serves as the primary means by which our organization communicates its expectations for ethical behavior on behalf of any customers, affiliates, vendors, or stakeholders of NHFpro and serves as a guide in NHFpro’s ongoing efforts to provide the best products to its customers. This Code is in place in order to:
a. Promote honest and ethical conduct,
b. Promote compliance with applicable governmental laws, rules, and regulations;
c. Promote fair dealings;
d. Deter wrongdoing, and
e. Ensure accountability and adherence to the Code.

Code of Conduct and Prohibited Activities: Core to NHFpro’s code of conduct is a commitment to the principles of honesty, integrity, and ethical decision making. All customers, vendors, and stakeholders of NHFpro are required to comply with this Code, our policies, and act in compliance with applicable laws. It is essential to understand the provisions of this Code as we all have the responsibility to uphold it. Compliance with the provisions of this Code is not optional but rather key in continuing NHFpro’s commitment to its core values and ability to maintain its status as a worldwide trusted brand. Consequently, we must stress that all NHFpro customers, affiliates, vendors, and stakeholders must conform to the principles stated in this Code and agree to the following:

1. Ensure compliance with applicable regulatory requirements of their respective local and national governments.
2. Not engage in any false or misleading advertising or make any disparaging statements about competitors or their products or their services.
3. Comply with their local tax laws and regulations and abide by such rules that are relevant in their jurisdictions as it pertains to their activities and purchases from NHFpro.
4. Not engage in any public discussions or making any comments in a way that may be perceived as a statement or opinion from NHFpro. Customers, affiliates, vendors, and stakeholders agree that they are responsible for their use of and communications of such information.
5. Convey professionalism in any statements that are made and be tolerant and respectful of others ideas and their rights.

6. Not use the information on any items sold by NHFpro to diagnose or treat any health issues or for prescription of any medication or other treatment
7. Not make any medical claims or any claims that misrepresent products sold by NHFpro
8. Provide accurate, true, complete and current information
9. Not to use any of NHFpro’s platforms or any information contained on any of our platforms or products NHFpro sells for any unlawful purposes.
10. Not to post or transmit any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind, including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on another’s intellectual property rights or otherwise violates any applicable local, state, national or international law.
11. Not alter any material or add any additional information which may be misleading to customers
12. Not use names or likenesses in a matter implying a person’s or company’s endorsement or sponsorship of, or commercial association with NHF.
13. Promptly remove any information or materials in relation to products that are no longer advertised or sold by NHFpro.

14. Not include, display, or otherwise use links or content which contain or have a connection to malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.

REPORTING SUSPECTED VIOLATIONS:

NHFpro takes adherence to this Code seriously and as a result wants to stress that the responsibility to report misconduct applies to everyone. Consequently, if any NHFpro employees, vendors, stakeholders, or customers become aware of a conduct that may be in violation of this Code, then they should report such conduct in accordance the reporting channels listed below. You can report possible violations of this Code by email to our Customer Service with specifics on the abuse, a link to the page, screenshot, and the reason you believe it violates these code. NHFpro will then assign the matter to the appropriate internal investigative team for review and appropriate steps. Prohibition Against Retaliation NHFpro will not tolerate any retribution or retaliation taken against any person who has, in good faith, provided information or otherwise assisted in an investigation or proceeding regarding any questionable or allegedly unethical or illegal behavior or any behavior that goes against the provisions stated in this Code.

CONCLUSION

In conclusion, NHFpro reiterates its commitment to this Code and the basic tenets of the organization to act with fairness. Consequently, in order to assist our customers, vendors, and other stakeholders to utilize the opportunities provided by the use of the Internet and our various platforms, we strive to instill the notion of fairness in every aspect of our business operations and decision making. Such fairness means that we not only respect fair competition, but we also value compliance within the regulatory environment, and always stress the importance of clear and accurate information. It is only with the application of the principles set forth in this Code that NHFpro can continue its growth as a globally renowned and well respected company that provides trusted products to its customers all over the world.

3. Not Healthcare Advice

The products and claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.

This Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on this Site, including information that may be provided on this Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Information provided on this Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on this Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This Site does not recommend self-management of health issues. Information on this Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on this Site.

You should not use the information or services on this Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacture and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.

Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on this Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the position or view of NHFpro. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.

Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.

NHFpro is not liable for any information provided on this Site with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. NHFpro makes no guarantee or warranty with respect to any products or services sold.

NHFpro is not responsible for any damages for information or services provided even if NHFpro has been advised of the possibility of damages.

These statements apply to NHFpro.com and all websites hosted or co-hosted by NHFpro.

4. Product Purchases

To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.

5. Usage & Termination

By using our Site or participating in any of the Programs, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.

You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.

You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.

You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.

This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.

We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.

The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.

6. Privacy Policy

NHFpro treats customer privacy as important and respects and guards customers’ rights. We only collect information from you to ensure your orders are placed successfully on this website. Appropriate measures are in place to keep your personal information confidential and we do not share or pass on information except where it may be necessary to do so to ensure your order can be fulfilled. We guarantee that our customer database will not be sold or marketed for any reason whatsoever to third parties.

NHFpro website may contain links to websites operated by third parties and these websites should contain their own privacy policies. Thus, NHFpro makes no guarantees in respect to how your information may be used in these third parties websites.

Nature Made Sdn Bhd is the owner of information that is submitted and by submitting any of your information you are consenting to the storage and where application retrieval of your information so submitted for the purposes set out herein.

Nature Made Sdn Bhd reserves the right, to modify or remove portions of this privacy policy at any time and this Privacy Policy should be read with the other terms and conditions applicable to the use of this website. Any condition that is not enforceable, void or invalid shall be deemed severable here from and all other conditions remaining shall be enforceable and valid.

7. Consent to Communications

Where required by law, you consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. NHFpro and our agents, representatives, affiliates and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur.

If you opt-in to receive SMS messages, we will send you an SMS to confirm your election. You can cancel at any time by replying “STOP” to any message you receive from us and we will send you a message confirming your election. If you want to start receiving messages again, sign up as you did the first time. If you need help, text “HELP” to any message you receive from us. Message and data rates may apply and message frequency may vary.

8. Return, Refund and Replacement of Goods

Our stores’ procedures are to check all items before shipping out to our customers to ensure that all items are in order and in good condition.

All items sold are not returnable, refundable nor exchangeable. In the event that wrong goods are received, damaged or broken, kindly contact us at [email protected] within 48 hours of receiving of receiving your items. We will reply your email within 3 working days of receipt of your email.

The following conditions apply:

All goods returned must be in its complete and original packing conditions. Items which are removed from its original packing, used, soiled or washed are not entitled to the refund/return.
Customers are to undertake the full responsibility for returning the goods to NHFpro. All freight, shipment, and insurance charges are to be borne by the customers. NHFpro shall not be liable for any damages or lost of items during the return shipment back to NHFpro.
Goods are returnable EXCEPT for “change of mind” request. Unless Customers agree to pay the 2-way delivery charges of the Goods (Delivery and pickup for return), even the Goods are on free delivery as committed during purchase. The free delivery only available for complete / genuine purchase. NHFpro will not refund the returned goods until they have been received. Buyer will received the refund amount after deducted the 2-way delivery charges. If the product charges is lesser than the 2-waydelivery charges, buyer are required to pay the balance.
All delivery charges and other handling fees are not refundable. Restocking and other fees may be charged.
NHFpro shall replace the same items to customers in the event that wrong goods are delivered or damaged that are directly resulted from nhfonline.com.my error. In the event that same items/goods are not available, Natural health farm shall refund the purchase price of the items excluding the delivery charges to the customer.

Should you have further questions or concerns, please contact our Customers Service at [email protected]

Questions and complaints with regards to returns

If you have any questions or complaints, (i) you may either contact the NHF pro Customer Service or more details on the “Contact Us” are, as applicable.

In the event that Buyer is unable to resolve any dispute with NHFpro Customer Service through amicable negotiations, NHFpro reserves the right to suggest and implement an appropriate resolution at its sole discretion.

9. Shipping and Delivery

After you have successfully placed your order, our Customer Service team will conduct a verification process and update you as soon as possible by email.

After your order is processed, we will arrange shipment and you can expect to receive your order within the following time frame:

Standard Delivery Time

within Klang Valley area: 1-3 working days (except Saturday, Sunday and holidays)
outside Klang Valley area: 3-5 working days (except Saturday, Sunday and holidays)
overseas customer: 7-14 working days (except Saturday, Sunday and holidays)

Delivery delay due to natural disaster / world pandemic

If happen where natural disasters and/or weather events, such as earthquakes or extreme precipitation, world pandemic, movement control, have recently impeded transportation access, there might be delays in carriers’ pick-up and delivery. For overseas, it might delay due to the customs, taxation issue or contacts issue. They can cause delays beyond the original delivery estimates.

Overseas Customers

The customer is responsible for assuring that the product can be lawfully imported to the destination country. When ordering from NHFpro, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

Orders that are shipped to countries outside the Malaysia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, the entire customs clearance process, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; NHFpro has no control over these charges and cannot predict what they may be.

10. Programs

Your participation in the Reward / Affiliate (Angel) Programs is voluntary and is effective until terminated by either NHFpro or you.

NHF Rewards / Affiliate (Angel) Program
Rewards Program Period

The Rewards Program is on-going and will continue until terminated by the date of expiry, (where yearly maintenance is fail), and NHFpro has the rights to terminate any Reward Program Member immediately if happen there is any type of misconduct, in accordance with the terms and conditions set forth herein (“Rewards Program Period”).

Affiliate (Angel) Program Period

The Affiliate Program is on-going and will continue until terminated by the date of expiry. NHFpro also has the rights to terminate the Affiliate immediately if happen there is any type of misconduct, in accordance with the terms and conditions set forth herein (“Affiliate Program Period”).

Eligibility

The Rewards Program / Affiliate Program is open only to NHFpro customers who are at least 18 years of age or older at the time of participation. This Rewards Program / Affiliate Program is void where prohibited or restricted by law. Your participation in the Rewards Program / Affiliate Program and use of your Affiliate Link, constitutes your full and unconditional agreement to these Terms and Conditions and NHFpro’s decisions and interpretations, which are final and binding in all matters related to the Rewards Program / Affiliate Program.

The Rewards Program / Affiliate (Angel) Program Information. [Read More]

General Rewards Program Restrictions

All participants in NHFpro Rewards Program / Affiliate (Angel) Program must comply with the terms of this Agreement including the Code of Conduct contained herein. Failure to abide by this Agreement, including violations of the Code of Conduct, may result in the termination of your Rewards /Affiliate Program account.

NHFpro reserves the right to invalidate Rewards Credits if it determines that such credits were improperly credited to your account, obtained fraudulently or in violation of these Terms and Conditions.

Rewards Credits do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, Rewards Credits are not redeemable for cash and are not saleable, transferable or assignable for any reason.

All accounts must be in the name of a different living person, not a business entity.

NHFpro assumes no liability for discrepancies, delays, omissions, inconsistencies or errors in the calculation and the crediting of the Rewards Credits. The decisions of NHFpro with respect to the Rewards / Affiliate Program, including without limitation, the qualifying purchases, earned credits, account balances and Rewards Credits are final and binding and non-appealable in all respects.

If you create multiple accounts or attempt to participate in the Rewards / Affiliate Program using multiple identities, then NHFpro, in its sole discretion, may disqualify you and void any or all such accounts. Rewards Credits may not be combined from different promotions for any purpose.

NHFpro reserves the right to cancel any orders placed on our website or apps in accordance with the Agreement.

You are not permitted to engage in any form of commercial advertising as this Rewards / Affiliate Program is not intended for commercial purposes. Rewards Codes are strictly prohibited from being placed on commercial sites and will result in your account and funds being paused or blocked.

You are also prohibited from engaging in any kind of reciprocal referrals that are intended to abuse and disrupt the normal operation of the Rewards / Affiliate Program.

You are also prohibited from engaging in any kind of reciprocal referrals or creating multiple accounts that are intended to abuse and/or disrupt the normal operation of the Rewards Program.

General Promotional Restrictions

You may share your NHFpro Reviews Page, as well as your NHFpro Affiliate link on a personal blog or on your personal social media accounts (e.g. Facebook, Twitter etc) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar or any other content that could be interpreted as being managed by NHFpro and your username cannot include the word “NHFpro” or “Natural Health Farm PRO”. You are prohibited from posting your Affiliate Link on any official NHF social media account or the NHFpro website (reviews, Q&A, etc) in an attempt to generate Rewards Credits.

Your blog, website or social media pages may not resemble NHFpro’s websites or include any content that could imply an affiliation with NHFpro.

You may email your NHFpro Affiliate Link using your personal email. However, such emails cannot look as if they are being sent or sponsored by NHFpro. You represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or any other laws and/or regulations that govern email marketing and/or communications.
You may not purchase or use domain or subdomain names that include the word “NHFpro”, “Natural Health Farm PRO” or certain variations and misspellings in any username, group name, or identifier on a social networking site. Examples of such domains include nhf.com.my or nhfonline.com.my.

You may not create or utilize any client side application (browser plugin, extension, executable, etc, installable by the end user) on any device that might imply affiliation with NHFpro.

Additional restrictions on your promotional activity:

Promotional activity may not contain violent, defamatory, sexually explicit materials, or contain content suggesting or promoting illicit activity.
You may not link any content to, or redirect traffic to sites other than nhfonline.com.my (parts of your site that do not promote NHFpro’s products may contain links to other sites.)
You may not alter any material or add any additional information which may be misleading to customers.
You will promptly remove items that are no longer advertised or sold by NHFpro.
You will not use names or likenesses in a matter implying a person’s or company’s endorsement of or sponsorship of, or commercial association (including placing unrelated materials in close proximity to content) with NHFpro.
You may not include on your site, display, or otherwise use links or content which contain or have a connection to malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.
You may not attempt to redirect or intercept traffic from any site participating in the Rewards / Affiliate Program.
You may not incorporate nhfonline.com.my into a webview or integrated web browser within a mobile application.
Transitional pages, popup and/or layered ads for promotional activity are not allowed.
Artificially generating clicks or impressions to create sessions on nhfonline.com.my, whether by software or otherwise is prohibited.
You may not use your Affiliate Link to generate Rewards Credits from your own personal purchases or for any commercial resell purposes.
All “paid search” placement and redirecting links are prohibited and may result in the suspension of the Rewards / Affiliate Program linked to your account and any Rewards Credits accrued from such activity will be voided. For purposes of these Terms and Conditions, a “paid search” is an advertisement purchased through bidding on keywords, search terms or other participation in a keyword auction such as Google, Yahoo, Bing, Yandex, Baidu, Naver or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
You may not use tactics to artificially increase your organic page rank for search terms, including, but not limited to, “NHFpro Coupon” and “NHFpro discount”.

Account Verification

All accounts, qualifying purchases, and/or Rewards Credits are subject to verification at the sole discretion of NHFpro. NHFpro reserves the right to void Rewards Credits and suspend/block your account from any IP address or device if any type of fraudulent or suspicious activity is detected or suspected.

No Rewards Credits will be valid if associated with any participant account deemed void for violations of any provisions contained in these Terms and Conditions.

NHFpro will send you email notification when voiding your Rewards Credits and/or suspending/blocking your account.

Any misuse of this Rewards / Affiliate Program will result in immediate termination and forfeiture of all accumulated Rewards Credits.

Rewards Program Termination

In the event of termination of this Rewards Program, our obligation is to distribute Rewards Credits to you, in NHFpro’s sole discretion, either in the form of Rewards Credits to be used towards nhfonline.com.my (including related websites) purchases or a check. Our obligation is limited to a maximum of three months of Rewards Credits, calculated based on your Rewards Credits for the month prior to the month in which the Rewards Program is terminated.

NHFpro may change its policy or set limitations and restrictions on this Rewards / Affiliate Program at any time and without any form of notice. Except as expressly stated above, NHFpro shall not have any liability or obligation with regards to the application of this Rewards / Affiliate Program and any decision that NHF makes in relation to your Rewards Credits.

11. Liability Disclaimer

You agree that the use of the site or participation in any program is at your sole risk. The site, the programs and the materials contained herein are provided on an “as is” and “as available” basis, except as otherwise expressly provided in this agreement. NHFpro and other affiliated companies and their respective officers, directors, employees and other representatives, successors and assigns of any of them (collectively, ” NHFpro entities”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

NHFpro entities make no warranty that the site or any program will meet your requirements, the site will be timely, secure, error free or uninterrupted, the results obtained from the site or from any program will be accurate or reliable, the quality of any products, services, information or other material obtained by you through the site will meet your expectations and any site errors will be corrected. Any material downloaded or otherwise obtained through the site or via any program is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. No information obtained by you from nhf entities, through the site or through a program shall create any warranty relating to the site or such program not expressly stated in this agreement.

To the fullest extent permissible by applicable law, NHFpro entities disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the products and services listed or purchased on the site and your participation in any program. Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, the NHFpro entities expressly disclaim all liability for product defect or failure, claims attributable to normal wear, product misuse or modification, abuse, incorrect product selection and not following printed directions.

To the maximum extent permitted by applicable law, in no event shall NHFpro entities be liable for any indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if NHFpro entities are advised of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the arrangement between NHFpro and you. The products, information, programs and services offered on and through the site would not be provided without such limitations. Subject to the foregoing, to the maximum extent permitted by applicable law:

(i) if you are a customer, the maximum liability of NHFpro entities shall be limited to the amount paid by you for any product, information or service purchased by you from NHFpro on the site, and

(ii) if you are a participant in any program, the maximum liability of NHFpro entities shall be limited to the amount credited or paid to you by NHFpro under the applicable program during 12 months prior to the date leading to liability.

Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the above disclaimers and limitations may not apply to you. If you are dissatisfied with any portion of the site, your participation in any program or with any of the terms of use contained in this agreement, your sole and exclusive remedy is to discontinue using the site or participating in the applicable program.

We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information, products, or services provided by third parties even if we have been advised of the possibility of damages.

12. Agreement:

This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

13. Severability; Interpretation

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.

14. Miscellaneous:

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.

The failure of NHFpro to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of NHFpro Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.

15. Contact Us:

If you have any questions about this Agreement, contact our Customer Service.