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Terms and Conditions
Please read these Terms and Conditions of Use carefully before using this site.
Thank you for visiting or dowser.com.au (the "Web Site"), which is owned and operated by dowser.com.au,
("or dowser.com.au"). The Web Site is designed to help you learn more about how dowsing and homeopathy changes may aide in the treatment of health challanges. We offer the Web Site to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site.
Please read this document carefully before using this Web Site. By using this Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. These Terms and Conditions constitute a binding agreement with you and if you do not accept all of these Terms and Conditions, please exit the Web Site immediately.
dowser.com.au may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site because they are binding on you.
General Information Only; No Medical Advice
The information provided by dowser.com.au, including information regarding opinions, health matters, supplementation and lifestyle changes, is provided for informational purposes only. While it is our policy to provide information that is accurate and prepared by reliable sources, we and any other party involved in the preparation of material presented on this Web Site do not represent or warrant that the information is in every respect accurate or complete. You are encouraged to confirm the information contained on this Web Site with other sources, especially your physician or other healthcare provider.
ALL CONTENT PROVIDED ON THIS WEB SITE IS GENERAL IN NATURE AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT PROVIDED ON THE WEB SITE SHOULD NOT BE TREATED AS MEDICAL OR HEALTH CARE ADVICE. NOTHING CONTAINED ON THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OR AS A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTH CARE PROFESSIONAL. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE.
Last Updated: September 2010
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Limited Express Warranty
dowser.com.au warrants the Web Site to perform substantially as described on the Web Site; provided, however, that dowser.com.au does not warrant that the Web Site will operate in an uninterrupted or error-free manner.
Disclaimer of Warranties
dowser.com.au does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site is at your own risk. dowser.com.au reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange 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 dowser.com.au. Accordingly, dowser.com.au assumes no liability for or relating to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with use of dowser.com.au.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON dowser.com.au IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEB SITE. dowser.com.au MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE, ITS SERVICES OR dowser.com.au PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL dowser.com.au OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE dowser.com.au. OR THE CONTENT OF THE WEB SITE OR SECURITY OR PRIVACY BREACHES RELATED TO THE OPERATIONS OF THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT dowser.com.au IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
dowser.com.au 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 AUD. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY SPECIFIED IN THESE TERMS AND CONDITIONS.
You agree to defend, indemnify and hold dowser.com.au, its officers, directors, employees and 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 Web Site in a manner that violates or is alleged to violate these Terms and Conditions. dowser.com.au shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by dowser.com.au of the sites, but is for your reference and convenience only. dowser.com.au has not reviewed all of the sites linked to or from dowser.com.au and is not responsible for the content or accuracy of any off-site pages or any other sites linked to or from the Web Site, nor does dowser.com.au recommend or endorse any specific tests, products or procedures that may be mentioned on or represented on dowser.com.au. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink (1) does not damage or dilute the goodwill associated with dowser.com.au names and trademarks, (2) does not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with dowser.com.au, and (3) accurately describes the content as it appears on the Web Site.
dowser.com.au reserves the right to revoke this license generally, or your right to use specific links, at any time, and may break any hyperlink at its discretion. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service providers incidental caching of pages. Each page within the Web Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web Site.
dowser.com.au retains full copyright ownership, rights and protection in all material contained on dowser.com.au (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works of, transfer, or sell any material contained on the Web Site without the specific prior written consent of the copyright owner.
You may, however, make single printed copies of materials displayed on the Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site.
None of the material contained on the dowser.com.au site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, optical, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the specific prior written consent of dowser.com.au.
All content of dowser.com.au is Copyright 2003 dowser.com.au, All rights reserved.
dowser.com.au is a trademark of dowser.com.au and is protected by state and federal laws. Other trademarks may appear on this Web Site with permission from their respective owners. Your unauthorized use of trademarks appearing on this Web Site may constitute a violation of law, which could subject you to substantial civil penalties.
You agree that dowser.com.au may terminate your use of the Web Site if dowser.com.au, in its sole reasonable discretion, reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of dowser.com.au or any third party, or for any reason with or without notice to you. You agree that dowser.com.au may modify or discontinue the Web Site, with or without notice to you. You agree that dowser.com.au will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled "Limited Express Warranty," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.
The Web Site is operated by dowser.com.au, from its offices in Queensland, Australia. You expressly agree that exclusive jurisdiction for any dispute with dowser.com.au, or in any way relating to your use of dowser.com.au ("Legal Action"), resides in the courts of the City of Brisbane, State of Queensland. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Queensland in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the ________ State of Queensland. These Terms and Conditions are governed by the internal substantive laws of the State of Queensland, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall, to the maximum practicable extent, not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition unless it expressly so states. Any cause of action you may have with respect to dowser.com.au must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
dowser.com.au may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on dowser.com.au, or by written communication delivered by Australian Registered Post to your address on record in dowser.com.au account information. You may give notice to dowser.com.au at any time via electronic mail to firstname.lastname@example.org
Last updated September 2010