We take your privacy seriously. Earning and keeping your trust is important to
us. We want you to understand what kinds of information we gather from you, how
this information is used and protected, and how you can control its use. This
statement discloses the privacy practices of Vianda on this website. By using this website, you agree, without
limitation or qualification, to be bound by this Privacy Policy.
This Privacy Policy applies to the collection and use of information by Vianda on
this website but does not apply to information that you may send to us by other
means.
Who May Use This Website
This website is not intended or designed to attract users under the age of 18.
We do not collect personally identifiable data from any person we know to be
under the age of 18 and instruct users under 18 not to send us any information.
This site is restricted to users from the United States. Users from other
countries are advised not to disclose personal information on this website. You
transmit data to a server located in the State of Ohio subject to United States
and laws of the State of Ohio. You should not send any personal information to
this website unless you agree to be bound by United States and the law of the
State of Ohio.
Information Collected From You
The kinds of information we collect from you will vary, depending on how you
use our website. It's possible to browse our site without submitting any
personal information at all. In order to take part in certain services on our
website, you will be required to provide certain personal information (e.g.,
your name, address, e-mail address, etc.).
In addition to the information you choose to submit, our systems are set up to
gather certain anonymous data to help us better understand how our site is
being used and how we can improve it. This automatically gathered data includes
any content you view on our website.
How Your Information is Used
We utilize "cookies" on our site. These are small files that we send to and
store on your computer so that we may recognize it as a unique machine the next
time you visit our site. Our cookies are used to let us know you are a prior
customer and to help us personalize your online experience by providing you
with advertisements and messages of interest to you. Also, companies offering
products or services through our website may use their own cookies.
The personal information you provide is used among other uses to help us
customize your online experience. Your e-mail address serves as a unique
identifier in our record system, and it is used together with your password to
prevent unauthorized access to any information you choose to store on our site.
The data you give us about your personal preferences and demographics (such as
age, ZIP code, occupation, or other data) may be used to help us offer content,
advertisements, products, and services that are most likely to appeal to you.
We will use your personal information to respond to requests you may make of us,
and from time to time, we may refer to such information to better understand
your needs and how we can improve our website, products and services. We may
also use this personal information to contact you and/or provide you with
general health information (like information on certain health conditions). We
may share this personal information with other companies who offer products and
services that may be of interest to you. We may also enhance or merge this
personal information with data obtained from third parties for the same
purposes.
Unless you specify that you'd prefer not to hear from us, we may also use the
e-mail address you provide at registration to contact you for promotional,
administrative, or other reasons. You may have these communications terminated.
This likely will take 48 hours from the time you give us notice.
You may occasionally see contests, surveys, and other features of our website
that ask you to provide us with personal information. When you choose to
respond to these requests, the personal information you offer may be used for
several reasons. These include the uses set out in this section. They also
include providing personal information to third parties for prize fulfillment
and other aspects of any contest or similar offering or for other uses related
to providing you with information that we hope will be of interest to you.
The information gathered automatically by our system such as your computer's IP
address, the kind of browser you're using, and a record of your navigation
through our site may be used by us so we can understand how to make our site
convenient and useful to our audience and to improve our products and services.
We may link information collected from you through various means, including
information collected automatically and through the use of cookies and personal
information, with information we learn via Vianda Customer Care and from Managed
Care Direct members. Our goal is to help offer you content, advertisements,
products, and services that are most likely to appeal to you.
Your Choices Regarding the Use of Your Personal
Information
You can always choose not to provide personal information, even though it might
be needed to take advantage of Vianda offers or website features. You can add or
update certain information that you send to us. When you update information, we
usually keep a copy of the prior version for our records. If you do not want to
receive e-mail or other mail from us or if you wish to check your personal
information, please contact us in the manner listed in Section 8 of this
Privacy Policy.
Access to Your Personal Information
In the event that Vianda and some of our assets are sold or transferred or used as
security, the personal information collected on our website may be transferred
to third parties as part of that transaction. Vianda may also provide personal
information or provide access to personal information to any of our affiliated
businesses or to our business partners.
Vianda may use your personal information to reply to you and send information to
you. Vianda does not intend to reveal personal information to third parties except
in the manner stated in this Privacy Policy. Vianda will provide aggregated
information received from you to third parties. Vianda takes commercially
reasonable precautions to prevent the aggregated information provided to third
parties from including personal information.
If Vianda is requested by law enforcement officials or judicial authorities to
provide personal information on individual users, Vianda may, without your
consent, provide such information. In matters involving claims of personal or
public safety or in litigation where the data is pertinent, Vianda may use or
disclose your personal information without your consent or court process.
Will Your Personal Information Be Secure?
Vianda recognizes you may be concerned about the security of your personal
information, and we are committed to employing reasonable technology in order
to protect the security of our website. Even with such technology, no website
is 100% secure. We will take reasonable measures that we believe are
appropriate to protect your information from loss, misuse, alteration or
destruction, and, where possible, will ask that any third parties to whom we
may transfer your information take comparable steps to protect that security.
Our Privacy Policy and Outside Links
Our Privacy Policy only applies to this website. Our website contains links to
sites outside our control. Please be aware that these sites may collect
personal information about you, and operate according to their own privacy
practices that may differ from our Privacy Policy. Remember to consult that
website's own privacy policy, as once you're outside this website, any
information you submit is no longer in our control.
Questions Regarding Our Privacy Policy
If you have questions or comments regarding our privacy practices, please call
us at 1-866-834-1715.
This policy was last updated on April 13, 2007.
Thank you for visiting our website. In order to provide you with the best
service possible, we want you to fully understand the terms and conditions set
forth below (our "Terms of Use") by which Vianda
(referred to herein as "Vianda", "us" or "we") offers services and information on
or through this website. Please review these Terms of Use carefully.
By using this website (collectively referred to in these Terms of Use as our
"Website") you agree to be bound by the terms set forth herein. We may make
changes to our Website, these Terms of Use, or the policies and conditions that
govern the use of our Website at any time. We encourage you to review our
Website and these terms periodically for any updates or changes. Your continued
access or use of our Website shall be deemed your acceptance of these changes
and the reasonableness of these standards for notice of changes. If you do not
agree and/or no longer agree to be bound by the Terms of Use, you may not use
and must immediately cease your use of the Website.
Vianda is located in Cincinnati, Ohio in the United States. This site is for U.S.
residents who are adults. Access to the site may not be legal in other
countries. You transmit data to our Website subject to U.S. and Ohio law. Do
not transmit data to our Website unless you agree to be bound by U.S. and Ohio
law.
Health-Related Information
The information contained in the Website is provided for informational purposes
only and is not meant to substitute for the advice provided by your doctor or
other health care professional.
You should not use the information available on or through the Website
(including, but not limited to, information that may be provided on the Website
by healthcare or nutrition professionals employed by or contracting with Vianda)
for diagnosing or treating a health problem or disease, or prescribing any
medication.
Information and statements regarding supplements have not been evaluated by the
Food and Drug Administration and are not intended to diagnose, treat, cure, or
prevent any disease. You should read carefully all product packaging prior to
use.
Use of Website
You agree to use the Website for lawful purposes. You agree not to use the
service for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or that
infringes or may infringe the intellectual property or other rights of another
or that violates any federal, state, or local law. You agree that Vianda may in
its sole discretion terminate your access to our Website, without notice, if we
believe you have in any way violated our Terms of Use.
Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. 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.
Modifications
We reserve the right to modify or discontinue, temporarily or permanently, any
or all of the Website and/or any or all features, products, prices of products,
services or information appearing on or available through any or all of the
Website with or without notice to you. You agree that we shall not be liable to
you or any third party for any modification or discontinuance of such features,
products, prices, services, or information on the Website or the Website
itself.
Indemnity
You agree to indemnify and hold Vianda and our parents, affiliates (and their
franchisees and licensees), and subsidiaries, officers, directors, employees,
successors and assigns, harmless from any claim, loss or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of our Website, your connection to our Website, your violation of
these Terms of Use, or your violation of any rights of another party. This
indemnity survives termination of these Terms of Use.
Submission of Information or Materials
You agree to provide true, accurate, current and complete information about
yourself if and when you elect to provide personal information to us. You also
agree to maintain and promptly update any such information to keep it accurate.
You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead. Other than personally identifiable information, which is
addressed under our Privacy Policy [LINK to top] any and all comments,
suggestions, ideas, graphics, or other information that you transmit or post to
the Website becomes and will remain the property of Vianda and may be used by Vianda
anywhere, anytime and for any reason whatsoever. Except as may be provided in
the Privacy Policy [LINK to top], any information or materials submitted to Vianda
will be treated as non-confidential and non-proprietary, and we will not have
any obligation to use or evaluate any information we receive from you. Vianda will
not have to pay you or anyone else for using any ideas or other materials that
you may transmit to or post on the Website. You should rely solely on your
rights under patent, trademark, and copyright laws. The receipt or
consideration of your information by Vianda shall in no way impair the right of
Vianda to contest the validity of your patent, trademark or copyright.
Links
Our Website provides links to other websites or resources. These links are for
your convenience only and are not under our control. You acknowledge and agree
that Vianda is not responsible for the availability of such external sites or
resources, and does not endorse any such site, its use or contents and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You agree that Vianda
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with your use of or
reliance on any such content, goods or services available on such external
sites or resources. In the event you decide to access or use any of these other
websites or resources, you agree you do so at your own risk.
Our Proprietary Rights
The Website is owned and operated by Vianda. The contents of the Website are 2004
Vianda. All Rights Reserved. You acknowledge and agree
that all content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in advertisements or
information presented to you on our Website is protected by our or other third
parties' copyrights, trademarks, service marks, patents, or other proprietary
rights and laws. Vianda authorizes you to view and download materials at the
Website only for your personal, non-commercial use, provided you retain all
copyright and proprietary notices contained in the original materials on any
copies of the materials. You may not modify the materials on the Website in any
way or reproduce or publicly display, perform, distribute, transmit, create
derivative works of, or otherwise use them for any public or commercial
purpose. Any use of these materials on any other website (including without
limitation, displaying this Website or any material displayed on or that can be
downloaded from this Website in frames on another website without Vianda's express
written permission) is prohibited.
Sale of Products
You may be provided with the opportunity to purchase products through the
Website and/or from third party websites linked to the Website. Products
purchased through the websites of others are subject to the terms and
conditions of such other parties and their websites, and Vianda shall have no
liability or responsibility therefore.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Vianda AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND
SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") 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. Vianda AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED,
THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR
THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES Vianda OR ITS AFFILIATES MAKE ANY
WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR
THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF.
Vianda MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON
THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR
NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION AND ANY BODILY INJURY. Vianda AND ITS AFFILIATES MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vianda OR THROUGH OR
FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT Vianda AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR
INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF Vianda OR ITS AFFILIATES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED
ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE
WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR
SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT Vianda AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Domestic Use/ Export Restriction
We control the Website from our offices within the United States of America. We
make no representation that the Website or its content (including, without
limitation, any products or services available on or through the Website) are
appropriate or available for use in other locations. Users who access the
Website from outside the United States of America do so on their own initiative
and must bear all responsibility for compliance with local laws, if applicable.
Further, the United States export control laws prohibit the export of certain
technical data and software to certain territories. No content from the Website
may be downloaded in violation of United States law.
Applicable Law/ Jurisdiction
Any claim relating to the Website, our Terms of Use, and the relationship
between you and us shall be governed by the laws of the United States and the
State of Ohio without regard to its conflict of law provisions. You and Vianda
agree to submit to the personal and exclusive jurisdiction of the courts
located within the State of Ohio.
General
These Terms of Use and our Privacy Policy constitute the entire agreement
between you and Vianda with respect to the Website; provided, however, that
certain provisions of these Terms of Use may be superceded by expressly
designated legal notices or terms which may be located on particular pages on
the Website. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision by us. If
any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of our Terms of Use remain in full force
and effect. Your agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website or
our Terms of Use must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
These Terms of Use were last updated on April 13, 2007