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Chapter One

Chapter One

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Chapter One


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Disclaimer

Warranty disclaimer

No statement in the book, unless indicated, has been evaluated by the U.S. Food andDrug Administration. No product mentioned or alluded to is intended to diagnose, treat, cure, or prevent any disease unless authorized by the DSHEA Law (or other legal means) as stated in §13. Office of Dietary Supplements.
(a) IN GENERAL. - Title IV of the Public Health Service Act is amended by inserting after section 485B (42 U.S.C. 287c-3) the following:
" SUBPART 4--OFFICE OF DIETARY SUPPLEMENTS SEC. 485C. DIETARY SUPPLEMENTS.
"(a) ESTABLISHMENT. - The Secretary shall establish an Office of Dietary Supplements within the National Institutes of Health.
"(b) PURPOSE. - The purposes of the Office are -

"(1) to explore more fully the potential role of dietary supplements as a significant part of the efforts of the United States to improve health care; and
"(2) to promote scientific study of the benefits of dietary supplements in maintaining health and preventing chronic disease and other health-related conditions.

ALL CONTENT AND INFORMATION CONTAINED WITHIN THE BOOK, NEWSLETTERS, WEBSITES, AND ANY RELATED MATERIAL, SERVICE, OR PRODUCT PURCHASED OR MADE AVAILABLE IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR SERVICES DESCRIBED OR MADE AVAILABLE IN CONNECTION WITH THE BOOK, NEWSLETTERS, WEBSITES OR OTHER MATERIALS. ANY WARRANTY PROVIDED IN CONNECTION WITH SUCH THIRD-PARTY PRODUCTS OR SERVICES IS PROVID-ED SOLELY BY THE THIRD-PARTY PROVIDER OF SUCH PRODUCTS OR SERVICES AND NOT BY THE PUBLISHER OR ITS OWNERS, SPONSORS, SITE DEVELOPERS, OR AGENTS. THE PURCHASER AND/OR USER OF THE BOOK, NEWSLETTERS, WEBSITES, AND ANY RELATED MATERIALS ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THE BOOK, NEWSLETTERS, WEB-SITES, ANY OTHER SITE ACCESSIBLE THROUGH THESE SITES, AND ANY RELATED PRODUCTS OR SERVICES. ALL No statement in the book, unless indicated, has been evaluated by the U.S. Food and Drug Administration. No product mentioned or alluded to is intended to diagnose, treat, cure, or prevent any disease unless authorized by the DSHEA Law (or other legal means) as stated in §13. Office of Dietary Supplements. (a) IN GENERAL. - Title IV of the Public Health Service Act is amended by inserting after section 485B (42 U.S.C. 287c-3) the following: " SUBPART 4--OFFICE OF DIETARY SUPPLEMENTS SEC. 485C. DIETARY SUPPLEMENTS. "(a) ESTABLISHMENT. - The Secretary shall establish an Office of Dietary Supplements within the National Institutes of Health.
"(b) PURPOSE. - The purposes of the Office are -
"(1) to explore more fully the potential role of dietary supplements as a significant part of the efforts of the United States to improve health care; and
"(2) to promote scientific study of the benefits of dietary supplements in maintaining health and preventing chronic disease and other health-related conditions.

INFORMATION CONTAINED IN THE BOOK, NEWSLETTERS, WEBSITES AND RELATED MATERIALS ARE INTENDED AS AN EDUCATIONAL AID ONLY. INFORMATION IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT AND IS NOT A SUBSTITUTE FOR A MEDICAL EXAMINATION, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS OR INDEPENDENT DETERMINATIONS. INDIVIDUAL DOCTORS MUST MAKE THEIR OWN INDEPENDENT DETERMINATIONS BEFORE AUTHORIZING A COURSE OF ANY TREATMENT OR PRESCRIPTION. A PERSON'S INDIVIDUAL DOCTOR MUST DETERMINE WHAT IS SAFE AND EFFECTIVE FOR EACH INDIVIDUAL PERSON OR PATIENT. THE PUBLISHER OR ITS OWNERS, SPONSORS, SITE DEVELOPERS, OR AGENTS DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR THE USE OF ANY INFORMA-TION CONTAINED WITHIN THE BOOK, NEWSLETTERS, WEBSITES, OR OTHER MATERIALS WHICH COULD CONTAIN INACCURACIES OR ERRORS, AND THIRD PARTIES COULD MAKE UNAUTHORIZED ADDITIONS, DELETIONS, AND ALTERATIONS WITHOUT THE AUTHOR’S KNOWLEDGE. ALTHOUGH THE AUTHOR, THE PUBLISHER AND ITS OWNERS, SPONSORS, SITE DEVELOPERS, OR AGENTS HAS DONE THEIR BEST TO ENSURE FULL INTEGRITY THROUGH-OUT ALL MEDIAS, THEY MAKE NO GUARANTEES WHATSOEVER REGARDING THE ACCURACY, COMPREHENSIVENESS, AND UTILITY OF THE WORK. PLEASE INFORM US OF ANY INACCURACIES SO THEY MAY BE CORRECTED IN FUTURE EDITIONS. WE PROVIDE NO ENDORSEMENT OF AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE WITHIN THE BOOK, NEWSLETTERS, WEBSITES, OR OTHER MATERIALS OTHER THAN AUTHORIZED BY THE AUTHOR DIRECTLY OR THROUGH AN AUTHORIZED EMPLOYEE SPOKES-PERSON ACTING IN HIS OR HER OFFICIAL CAPACITY. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE READERS RELIANCE ON THE INFORMATION PROVIDED. SEEK THE ADVICE OF MEDICAL PROFESSIONALS TO PROPERLY EVALUATE THE ACCURACY, COMPREHENSIVENESS, AND UTILITY OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGHOUT OUR MATERIAL. BY YOUR UTILIZING ANY OF THE MATERIALS, YOU ACKNOWLEDGE THAT THE RISK OF INJURY FROM SUCH CONDUCT RESTS ENTIRELY WITH YOU. FURTHERMORE, REFERENCES TO OTHER THIRD PARTY MATERIAL AND LINKS TO OTHER WEDSITES DOES NOT MEAN WE ENDORSE THE MATERIALS OR LINKED WEBSITES AND WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT APPEARS IN THESE MATERIALS OR ON THESE LINKED WEBSITES. YOU ALSO ACKNOWLEDGE THAT THE OWNERS OF ANY THIRD PARTY MATERIAL OR THE LINKED WEBSITES MAY NOT ENDORSE AND ARE NOT AFFILIATED WITH US.

GENERAL TERMS AND CONDITIONS

IN ADDITION TO THE TERMS SET FORTH ABOVE, THE FOLLOWING TERMS AND CONDITIONS SHALL ALSO APPLY TO ANY PRODUCT OR SERVICE SOLD:
1. SELLER WARRANTS THAT THE PRODUCT OR SERVICE SOLD HEREUNDER CONFORMS TO THE SPECIFICATIONS ABOVE.

2. EXCEPT AS OTHERWISE PROVIDED IN # 1 HEREOF, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES - EXPRESS OR IMPLIED - WITH RESPECT TO THE PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SELLER HAS NOT MADE ANY RECOMMENDATIONS TO BUYER REGARDING THE USE OR SUBSEQUENT SALE OF THE PRODUCTS OR SERVICES. BUYER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY, RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SEERVICES. BUYER HAS SATISFIED ITSELF THAT THE PRODUCT OR SERVICE AND THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE LAWS OF THE RELEVANT COUNTRIES.

3. SELLER SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN ITS PERFORMANCE OF THIS CONTRACT, TO THE EXTENT CAUSED BY AN EVENT BEYOND ITS REASONABLE CONTROL. IF SELLER IS UNABLE TO SUPPLY THE TOTAL REQUIREMENTS OF ITS CUSTOMERS, SELLER MAY ALLOCATE ITS AVAILABLE SUPPLY AMONG ITS CUSTOMERS IN A MANNER DETERMINED BY SELLER TO BE FAIR AND EQUITABLE.

4. EACH SHIPMENT HEREUNDER IS TO BE REGARDED AS A SEPARATE AND INDEPENDENT SALE. SELLER'S WEIGHTS AND ANALYSIS SHALL GOVERN AND CONTROL.

5. BUYER’S EXCLUSIVE REMEDY AND SELLER’S EXCLUSIVE LIABILITY FOR SHIPMENT OF NON-CONFORMING PRODUCT OR SERVICE OR SELLER’S BREACH OF THIS CONTRACT SHALL BE LIMITED TO, AT SELLER’S SOLE
OPTION, EITHER REPLACEMENT OF THE NON-CONFORMING PRODUCT OR SERVICE OR A REFUND OF THE PURCHASE PRICE PAID. ALL CLAIMS ARISING OUT OF THIS CONTRACT OR MADE WITH RESPECT TO THE PRODUCT OR SERVICE SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE IN WRITING AND RECEIVED BY SELLER WITHIN 6 MONTHS OF DELIVERY. BUYER MUST MAKE ANY CLAIM FOR NONCONFORMING PRODUCT OR SERVICE, BREACH OF WARRANTY, OR ANY CLAIM OF ANY NATURE WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, IN WRITING WITHIN THIRTY (30) DAYS AFTER BUYER’S RECEIPT OF THE PRODUCTS OR SERVICES. BUYER IRREVOCABLY WAIVES AND RELEASES ALL CLAIMS THAT ARE NOT PROPERLY MADE WITHIN SAID PERIOD.

6. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER, OR TO BUYER’S OFFICERS, EMPLOYEES OR REPRESENTATIVES, OR TO ANY THIRD PARTY, FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF BUYER, BUYER’S OFFICERS, EMPLOYEES, REPRESENTATIVES, OR INSURERS OR OF ANY THIRD PARTY, OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION AND/OR DEGRADATION IN VALUE OF BRANDS, TRADEMARKS OR TRADE NAMES OR INJURY TO PERSONS), WHETHER THE CLAIM IS BASED ON BREACH OF WARRANTY OR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, FAILURE TO WARN, STRICT LIABILITY) CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHER THEORY.

7. THE BUYER SHALL INDEMNIFY AND HOLD HARMLESS SELLER FROM AND AGAINST ANY AND ALL LIABILITY THAT MAY ARISE FROM BUYER’S BREACH OF THIS AGREEMENT, OR DELIVERY, USE, STORAGE,TRANSPORATATION, OR RESALE OF THE PRODUCT OR SERVICE, WHETHER ALONE OR IN COMBINATION WITH OTHER SUBSTANCES.

8. RISK OR LOSS SHALL PASS TO BUYER AS PROVIDED IN INCOTERMS 2000 OR THE UNIFORM COMMERCIAL CODE (ucc) AS ADOPTED BY THE STATE OF TEXAS AS SET FORTH ABOVE. TITLE SHALL PASS AT THE SAME TIME AS THE RISK OF LOSS.

9. WHEN SHIPPED OUTSIDE THE UNITED STATES, THE PRODUCT IS SHIPPED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION REGULATIONS OR UNITED STATES POSTAL SERVICE (USPS). DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED.

10. ALL DISPUTES ARISING OUT OF THIS CONTRACT (INCLUDING THE FORMATION THEREOF) SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT. THE PARTIES AGREE THAT THE ARBITRATION AWARD SHALL BE FINAL AND BINDING AND THAT JUDGEMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. 'THE ARBITRATORS SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES

11. THE SELLER IS AN EQUAL OPPORTUNITY EMPLOYER, AND THIS CONTRACT IS SUBJECT TO THE RULES AND REGULATIONS IMPOSED UPON CONTRACTORS AND SUBCONTRACTORS PURSUANT TO 41 C.F.R. CHAPTER 60 AND 61. UNLESS THE ORDER IS EXEMPT, THERE IS INCORPORATION HEREIN BY REFERENCE: 41 C.F.R. SECTION 60-1.4; 41 C.F.R. SECTION 60- 250.5; 41 C.F.R. SECTION 60-741.5; AND 41 C.F.R. SECTION 61-250.10. AS APPLICABLE, BUYER ALSO AGREES TO COMPLY WITH EXECUTIVE ORDER 13201 IN ACCORDANCE WITH 29 CFR PART 470.

12. THE RIGHTS AND OBLIGATIONS OF THE BUYER UNDER THIS CONTRACT ARE NOT ASSIGNABLE WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER. IF ANY PART OF THIS CONTRACT IS FOUND TO BE VOID OR
UNENFORCEABLE, THOSE PROVISIONS SHALL BE SEVERABLE, AND THOSE
PROVISIONS THAT ARE LAWFUL SHALL REMAIN IN FULL FORCE AND
EFFECT.

13. THE LAWS OF THE STATE OF TEXAS, DISREGARDING ITS CONFLICT OF LAW RULES SHALL GOVERN THIS CONTRACT.

14. THE FOLLOWING INTERNATIONAL CONVENTIONS SHALL NOT APPLY TO THIS CONTRACT: (i) THE UNIFORM LAW ON THE SALE OF GOODS AND THE UNIFORM LAW ON THE FORMATION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, (ii) THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OF 1980 AND
(iii) THE UNITED NATIONS CONVENTION ON THE LIMITATIONS PERIOD IN THE INTERNATIONAL SALE OF GOODS, CONCLUDED IN NEW YORK ON 14 June, 1974, AND THE PROTOCOL AMENDING THE CONVENTION ON THE LIMITATIONS PERIOD IN THE INTERNATIONAL SALE OF GOODS, CONCLUDING IN VIENNA ON 11 April, 1980

15. WITHOUT THE EXPRESS WRITTEN CONSENT OF SELLER, BUYER SHALLNOT USE SELLER’S TRADE NAMES, TRADEMARKS, LOGOS, SERVICE MARKS, OR OTHER PROPRIETARY MARKS FOR ANY PURPOSE (INCLUDING USE ON ANY OF BUYER’S PACKAGING AND LABELING, REGARDLESS OF WHETHER SUCH PACKAGING OR LABELING IS FOR RESELLING THE PRODUCT OR SERVICE SOLD HEREUNDER EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCT OR SERVICES).

16.THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL CONSTITUTE THE SOLE TERMS AND CONDITIONS OF SALE. NO TERMS OR CONDITIONS, OTHER THAN THOSE STATED HEREIN, WHETHER CONTAINED IN BUYER'S PURCHASE ORDER OR ELSEWHERE SHALL BE BINDING ON SELLER UNLESS AGREED TO IN WRITING BY SELLER. BUYER'S RECEIPT OF THIS SALES CONFIRMATION SHALL CONSTITUTE AN ACCEPTANCE BY BUYER OF ALL TERMS AND CONDITIONS SET FORTH HEREIN. THERE SHALL BE NO MODIFICATION OF ANY TERM, CONDITION, OBLIGATION OR RIGHT GRANTED HEREIN EXCEPT WITH THE WRITTEN CONSENT OF BOTH PARTIES.

Last Updated ( Oct 21, 2008 at 01:38 PM )