Terms and conditions.


Welcome to NANA Heals´s website (www.nanaheals.com, the “Site”). We provide you with access to the Site, including any portion of this website accessible through the homepage, subject to the following terms and conditions ("Terms" or "Terms and Conditions").


ACCEPTANCE AND SCOPE OF TERMS AND CONDITIONS. CHANGES. 

The Terms apply to your use of the Site, which is owned and operated by NANA HEALTH LLC ( "Nana," "we," "us" or "our"). Any services operated or offered through the Site shall be governed by these Terms and the applicable Terms of Use to be informed and agreed upon contracting.

This Site is only for informational purposes. Please read these Terms and Conditions carefully before using the Site: your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms, which to all visitors, users, and others who wish to access or use the Site.

By accessing or using the Site, you agree that (i) you have read, understood and familiarized yourself with these Terms, as well as with Nana’s Privacy Policy (https://www.nanaheals.com/privacy-policy), and (ii) these Terms govern your use of this Site. If you disagree or refuse to comply with any part of any of these Terms then you do not have permission to access the Site or any service provided through, or in connection with, the Site.

We reserve the right, at our sole discretion, to modify the Terms and Conditions at any time. We shall have no obligation to notify the users of any such changes other than posting such modifications on the Site and indicating the date of last revision on the Terms and Conditions. It is your responsibility to check these Terms and Conditions periodically to review any such changes. Upon each visit to the Site, you agree to be bound by the then-current Terms and Conditions. If you do not accept these Terms and Conditions, please do not use or access (or continue to use or access) the Site.


USER REQUIREMENTS

The Site is intended for use by individuals 18 years of age or older and is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site. Further, you may not make use of the Site if such use violates any applicable law or regulation. You agree to abide by these restrictions and not to help anyone avoid these restrictions.


YOUR RELATIONSHIP WITH US

By delivering the information contained in this Site, Nana is not providing any type of service. Furthermore, no medical, biological, chemical or any other type of advice is provided by Nana by publishing the Site and/or by making available the information contained herein. Nana is not a medical practitioner, is not a medical practice or a clinic or any other type of business that could require by applicable regulations prior approval or license to operate.


INFORMATION ABOUT YOU

All information we collect on this Site is subject to our Privacy Policy (https://www.nanaheals.com/privacy-policy). By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DISCLAIMER

  • BY ACCESSING THE SITE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY PRODUCTS OR TREATMENT OR RELYING ON ANY INFORMATION AVAILABLE ON THE SITE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCIES IMMEDIATELY.
  • DO NOT DISREGARD MEDICAL ADVICE AND DO NOT DELAY IN SEEKING MEDICAL ADVICE BASED ON ANY CONTENT PRESENTED ON OR IN CONNECTION WITH THE SITE. THE INFORMATION CONTAINED ON THE SITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SITE SHALL NOT BE USED BY NON-PROFESSIONALS FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR OTHER CONDITION.
  • THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
  • WE DO NOT ENDORSE OR RECOMMEND ANY PARTICULAR PRODUCTS, TREATMENTS, SERVICES OR DIAGNOSIS, WHETHER SPECIFICALLY OR GENERALLY, AND PROFESSIONAL ADVICE SHOULD BE SOUGHT IN RELATION TO ALL  HEALTH AND TREATMENT DECISIONS.  WE PROVIDE INFORMATION ONLY WHICH WE HOPE ARE HELPFUL, HOWEVER FULL DISCLAIMERS AND WARRANTIES APPLY.
  • NANA DOES NOT PROVIDE, SELL OR TRADE ANY SORT OF PRODUCT, MEDICINE OR FACILITATE ANY DRUG OR SUBSTANCE. 
  • THE USE OF THE INFORMATION AVAILABLE ON THE SITE IS SUBJECT TO ANY DISCLAIMER INCLUDED THE FOLLOWING DISCLAIMER WHICH APPLIES TO ANY USER OF THE INFORMATION ON THE SITE WHETHER THEY BE A CLINICAL PROFESSIONAL OR MEMBER OF THE PUBLIC: (I) THIS INFORMATION REPRESENTS THE VIEW OF NANA OR THE PERSON OR INSTITUTION THEREBY INDICATED, WHICH WAS ARRIVED AT AFTER CAREFUL CONSIDERATION OF THE EVIDENCE AVAILABLE. HEALTHCARE PROFESSIONALS ARE EXPECTED TO TAKE IT FULLY INTO ACCOUNT WHEN EXERCISING THEIR CLINICAL JUDGEMENT. HOWEVER, THE INFORMATION DOES NOT OVERRIDE THE INDIVIDUAL RESPONSIBILITY OF THE USER AND/OR THE HEALTHCARE PROFESSIONALS TO MAKE DECISIONS APPROPRIATE TO THE CIRCUMSTANCES OF THE INDIVIDUAL PATIENT, IN CONSULTATION WITH THE PATIENT AND/OR GUARDIAN OR CAREER. (II) ANY IMPLEMENTATION OF THE INFORMATION OR PROCEDURES OR PRODUCTS REFERRED ON THE SITE IS THE RESPONSIBILITY OF THE USER OR PROFESSIONAL IMPLEMENTING THEM WHO ARE REMINDED THAT IT IS THEIR RESPONSIBILITY TO IMPLEMENT THE GUIDANCE, IN THEIR LOCAL CONTEXT, IN LIGHT OF THEIR DUTIES TO APPLY ANY PRECAUTIONARY, PROFILACTIC AND ASSESSMENT MEASURE. NOTHING ON THE SITE SHOULD BE INTERPRETED IN A WAY WHICH WOULD BE INCONSISTENT WITH COMPLIANCE WITH THOSE DUTIES.
  • YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
  • YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NANA NOR ANY PERSON ASSOCIATED WITH NANA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER NANA NOR ANYONE ASSOCIATED WITH NANA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  • NANA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

RESTRICTIONS ON USE OF CONTENT. INTELLECTUAL PROPERTY

Any functionality and content found or available on our Site, including, but not limited to, text, postings, photographs, video, information, art, graphics, music, sound and other files, and their selection and arrangement (collectively, the "Content") cannot be downloaded or reproduced for personal, noncommercial or commercial use unless explicitly authorized by a download link or by written permission from Nana.

Downloading the Content does not grant any ownership rights on it. It is forbidden to use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Content, in whole or in part, unless with express and written consent from Nana and all respective owners of the Content. Any use of the Content other than as specifically authorized is strictly prohibited and will terminate any permission(s) granted herein and may violate applicable laws. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to any intellectual property rights.

Unless otherwise specified, the Content and our trademarks, service marks, logos, and trade dress (collectively, “Marks”) are property of Nana or our licensors and are protected by copyright, trademarks, service marks, patents or other applicable laws. The Site, Content, and Marks are protected by copyright, trademark, and other applicable rights and laws of the United States, foreign jurisdictions, and international conventions. We reserve all rights in and to the Site, Content and Marks not expressly granted to you herein.



AVAILABILITY, ERRORS, AND INACCURACIES 

The Site may experience delays in updating information and in our advertising on other web Sites. The information provided herein may be in some cases incorrect, inaccurate, incomplete or out-of-date, as a consequence of unintentional mistakes.  In such regard, we cannot guarantee the accuracy or completeness of any information found on the Site.

As a consequence of the above mentioned, be aware that the information therein may be constantly being modified, completed or updated at any time and without prior notice, in order to disclose the information provided on the Site with greater accuracy and exactness. 

Your continued use of the Site after the potential occurrence of the amendments abovementioned will constitute your acceptance to such. 


JOINING US

When you join us, you represent and warrant that: (i) you have the legal capacity and agree to comply with these Terms; (ii) you are above the age of eighteen (18); (iii) you will not use the Site for any illegal or unauthorized purpose; and (iii) that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, fraudulent or obsolete information may result in the immediate termination of your access on the Site. You may not use as a the name of another person or entity, a name that is not lawfully available for use, or any name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. 

We reserve the right to refuse service, remove or edit content, or cancel orders in our sole discretion.


LINKS TO OTHER WEBSITES

Any hyperlinks to websites operated by persons other than Nana are provided for your reference and convenience only and are the exclusive responsibility of such websites' owners and does not imply or mean that Nana endorses or approves the content on that website or the operator or operations of that Site. You agree that Nana is not responsible for the content or operation of such websites, and that Nana shall have no liability to you or any other person or entity for the use of, or inability to use, any third party websites, being you solely responsible for determining the extent to which you may use or rely upon any content at any other websites to which you link from this Site.

Nana assumes no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third party software or materials.

Your correspondence, business dealings with, or participation with any third parties, such as, but not limited to, other users, advertisers on the Site or third parties described in any content on the Site, including payment and delivery of goods or service, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that third party or third parties. 


ELECTRONIC COMMUNICATIONS

Through your acceptance of this Terms, you hereby consent to receive communications from us electronically. We may communicate with you by email, phone or by posting notices on the Site. Thus, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


TERMINATION

Nana may, in its sole discretion, terminate your use of the Site at any time. Nana reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Nana, its subsidiaries, affiliates, licensees, successors and assigns, and each of their directors, officers, employees, agents, partners, contractors, or suppliers (collectively, the “Indemnifiable Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) resulting from or arising out of: (i) your use and access of the Site, by you or any person using your personal data; and/or (ii) your breach of these Terms or the Privacy Policy.


LIMITATION OF LIABILITY

In no event shall Nana or any Indemnifiable Parties be liable under any legal theories (including negligence) for any type of damages, including any indirect, incidental, special, consequential or punitive damages (whether or not we have been informed of the possibility of any such damages) based on any causes of action, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of (or inability to access or use) the Site or any performance error, omission or interruption in connection thereto; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory or basis, and even if a remedy set forth herein is found to have failed of its essential purpose.


NO PERSONAL ADVICE

The Content cannot replace or substitute for the services of trained professionals in any field. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Site. Your access and use of the Site does not in any way create a physician/patient or professional/client, confidential or privileged relationship, or any other relationship that would give rise to any duties on Nana’s part or the part of any Indemnifiable Parties. We do not recommend or endorse any specific tests, products, advisors, physicians, procedures, opinions, or other information that may appear on the Site. Your use of or reliance on any information provided on the Site is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.


EXCLUSIONS

If certain jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, the limitations herein will apply to you only to the extent permitted by applicable law.


JURISDICTIONAL ISSUES. GEOGRAPHIC RESTRICTIONS

The products and services displayed on this Site are intended for sale in the United States only and may not be available for Transaction in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

We control and operate the Site from our offices in the United States and provide this Site for use only by persons located in said territory. We do not represent or make claim that materials on the Site are appropriate or available for use outside of the United States. People who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Site and supersede and replace any prior agreements regarding the Site.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


LIMITATION OF LIABILITY

In no event will Nana, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

ENTIRE AGREEMENT

These Terms and Conditions and the other agreements referred to herein constitute the sole and entire agreement between you and Nana with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.


Should you have any questions or comments about these Terms and Conditions, please feel free to contact us by e-mail at info@nanaheals.com.