User Agreement

USE AGREEMENT AND PRIVACY POLICY
Welcome to www.DrShahaniProbiotics.com, a web site of Nebraska Cultures, Inc.  Please review the following terms carefully.

1. ACCEPTANCE OF AGREEMENT.
By using our site, you agree to the terms and conditions outlined in this Use Agreement and Privacy Policy (“Agreement”) with respect to our site (the “Site” or “Web Site”). The terms “Nebraska Cultures”, “us” or “our” refers to Nebraska Cultures, Inc. The term “you” refers to the user or viewer of our Web Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. If you do not agree to these terms, you should not use this site.
Persons under 18 are advised to get permission from their parent or guardian before they enter this site.

2. APPLICABLE LAWS.
The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. This web site (excluding linked sites) is controlled by Nebraska Cultures from its offices within the state of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of California, by accessing this web site both you and Nebraska Cultures agree that the statutes and laws of the state of California, without regard to the conflicts of laws and principles thereof, will apply to all matters relating to use of this web site. You and Nebraska Cultures also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco or Contra Costa County and the United States District Court for the State of California with respect to such matters or any other disputes or other matters arising out of use of this Web Site. Nebraska Cultures makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where the contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

3. COPYRIGHT.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights belonging to Nebraska Cultures. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

4. TRADEMARKS AND SERVICE MARKS.
“NC”, “Dr. Shahani’s”, “Probiotics of Choice”, the Microscope logo, the Signature logo, “www.NebraskaCultures.com”, “The Proven Probiotic”, individual product names and other marks indicated on our site are common law trademarks or registered trademarks of Nebraska Cultures, Inc. or its subsidiaries, in the United States and other countries. Nebraska Cultures’ trademarks and trade dress may not be used in connection with any product or service that does not originate with Nebraska Culture’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nebraska Culture. Use, reproduction, copying or redistribution of any of Nebraska Cultures trademarks is strictly prohibited without prior, written permission from Nebraska Cultures.
Other product and company names mentioned on the Site may be trademarks of their respective owners.

5. LIMITED LICENSE; PERMITTED USES.
Nebraska Cultures hereby authorizes you to view, copy, download, and print Nebraska Cultures documents that are available on this web site in accordance with this Agreement, subject to the following further conditions:

  • Use of the Site shall be solely for internal, personal, non-commercial and informational purposes;
  • The documents may not be modified;
  • The following copyright notice and permission notice must appear in each document: “Copyright (c) 2005 Nebraska Cultures. All rights reserved.”; and
  • Copyright, trademark, and other proprietary notices may not be removed.

You may not reproduce, copy, or redistribute the design or layout of the Nebraska Cultures web site, individual elements of the web site design, or Nebraska Cultures logos without the express written permission of Nebraska Cultures.

6. RESTRICTIONS AND PROHIBITIONS ON USE.
You may not (a) copy, print (except for the express limited purpose permitted above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

7. PRODUCT SPECIFICATIONS & DOCUMENTS.
We may make available through the Site or through other Web sites product specifications and supporting data, marketing and other scientific documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. NO MEDICAL ADVICE OR FDA-REGULATED CLAIMS.
Information contained on or made available through the Site is not intended to and does not constitute medical advice under any circumstance. These statements may have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

9. LINKING TO SITE.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, and (b) you discontinue providing links to the Site immediately upon request by us.

10. THIRD PARTY ADVERTISERS.
Third party content, including advertising and sponsorships, may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions or falsehood in the statements, opinions, representations or any other form of content, or violations of law or third-party rights on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

11. REGISTRATION.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

12. INDEMNIFICATION.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, manufacturers, labelers, marketing agents, shipping agents, attorneys and all other affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

13. DISCLAIMER.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

14. USE OF INFORMATION.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

15. PRIVACY POLICY.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Nebraska Cultures adheres to the following privacy policies:

  • We collect your personal information only with your informed consent.
  • We use your information for personalization, identification, and communication.
  • We do not sell or redistribute your personal information without your prior notice.
  • You always have access to your personal information.

Nebraska Cultures does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis, such as in the instance of the solicitation of information regarding our products. For example, such personally identifiable information may be gathered from a contest or sweepstakes registration, the registration process for subscription sites or services and in connection with content submissions, suggestions, voting/polling activities and transactional areas. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. Further, notwithstanding any opt out of promotional information by the user, Nebraska Cultures reserves the right to contact a Business Associate regarding account status, changes to the Business Associate Agreement and other matters relevant to the underlying service and/or the information collected.
Nebraska Cultures reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site.

16. COOKIES
Users also should be aware that non-personal information and data may be automatically collected through the standard operation of Nebraska Cultures’s internet servers or through the use of “cookies.”

17. STANDARD TERMS AND CONDITIONS; PAYMENTS; RISK OF LOSS.
Our Standard Terms and Conditions apply to all sales.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
All items purchased from Nebraska Cultures are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

18. MISCELLANEOUS.
This Agreement shall be treated as though it were executed and performed in either San Francisco or Walnut Creek, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 17 and Section 18. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

19. ARBITRATION.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco or Walnut Creek, California. Each party shall bear its own attorneys’ fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

20. OUR ADDRESS AND CONTACT DETAILS.
Nebraska Cultures, Inc.
45 Quail Court, Suite 206
Walnut Creek, CA 94596
Toll free : 1-877-DR-SHAHANI (1-877-377-4242)
Telephone: (925) 935-0922
Fax: (925) 935-0962
Email: contact us