Terms of Use 1. Recital The PICKKA download application and
PICKKA.COM (collectively, "Application") are owned by Evincii, Inc. By accessing
this Application, you agree to be bound by the terms, conditions, notices,
privacy policy and disclaimers set forth herein ("Terms of Use"). Evincii
Inc. reserves the right to change the Terms of Use at any time without prior
notice. Your continued access to the Application constitutes your acceptance of
any modification to the Terms of Use in effect at the time of your access. 2.
User Obligations You as the user or advertiser must
use the Application responsibly and without any of, but not limited to, the
following activities: a. use the Application to send unsolicited email messages (or
"spam") ; b. in any way tamper, hinder, modify, decompile, disassemble
or reverse engineer the Application; c. transmit any viruses or other disabling features to the Application
or via the Application; e. post or transmit via the Application, any information or
materials which breach any laws or regulations, infringe Evincii's
or a third party's rights; f. use or access
the Application to post or transmit any material which interferes with other
users or defames, harasses, threatens, menaces, offends or restricts any
person, including without limitation, sexually explicit material or which
inhibits any user from using the Application or the internet; or g. attempt any of the above acts or facilitate or assist
another person to do any of the above acts. 3.
Advertising, External Content and Links to Third Party Websites The Application contains summaries,
hyperlinks and other pointers to Internet websites operated by third parties.
The links are provided solely for your convenience. Evincii does not
control these websites and is not responsible for the content of any linked
websites or any hyperlink contained in a linked sites. Evincii does not
endorse, explicitly or implicitly, the site or the information, the product or
the service provided by those sites. You visit any such websites entirely at
your own risk. The Application also contains
products and services offered for sale or advertised. Much of the
information provided on the Application concerning the products or services is
information from third parties. Evincii is not responsible for the accuracy of
this information or quality of the services/products of third parties. You
should contact the relevant third party supplier directly verify that
information prior to entering into a transaction in relation to the third party
products and services described in the Application. You should also inquire
with the third party the presence of any additional charges or relevant terms.
The third-party products, services and information are not provided nor
endorsed by Evincii. The use of images does not imply any
affiliation between Evincii and the advertiser/manufacturer of the products.
The manufacturer of the product displayed in Application can request Evincii to
remove the images of its product. Evincii may receive fees and/or
commissions from the third parties for advertising goods and services displayed
on the Application or made available via Evincii. You acknowledge and consent
to Evincii receiving these fees. All prices displayed and products
and services offered to be supplied on the Application are subject to change
without prior notice. Disclaimer on Information The information contained in the Application is programmatically presented for the purpose of search navigation and search refinement. All information contained in the Application, including information relating to nutrient facts, symptoms, medical diagnoses, medications, treatments and other medical products, is collected from multiple data sources (See Appendix) and for reference only. The information in this Application is provided for informational purposes and should not be deemed complete, nor should it be considered as an instructional diagnosis or a treatment plan for any individual. The information is not
meant to substitute for the advice provided by your own physician or other healthcare
professionals. Information
presented on Application is not exhaustive and does not cover all diseases,
medical conditions or their treatments. You
should not use the information contained herein for diagnosing or treating a
health problem or disease, or prescribing any medication. Evincii cannot be held responsible for typographical errors or product formulation changes. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Information and statements regarding food and dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Information about each product is taken from the
advertising material or provided by the manufacturer or vendor. Evincii is not
responsible for any statements or claims that various manufacturers make about
their products. Information in the Application has been compiled from a wide
range of data sources ranging from reputable public medical publications
websites to product data providers. Though efforts were made to review and edit
the acquired knowledge, it is impossible to warrant the accuracy, completeness
and correctness of the entire system. Information may be written,
created, or compiled by people who are not medical experts. Information is not necessarily reviewed for
accuracy by medical experts. Information in lists, such as lists of symptoms or
treatments, is not necessarily in any particular order with regard to
importance, frequency, severity, or relevance. Evincii's employees, agents or service
providers do not directly or indirectly practice medicine. Any messages,
advice, opinions or other information contained in any discussion area of the
like should not be considered professional advice. Evincii disclaims all
liability for any such content. You should not rely on any information relating to symptoms,
diseases, medical conditions, treatments, medications, or self-care plans
contained in this Application. Always seek professional qualified medical
advice about all medications and treatments. Medications and treatments often
have side effects, contraindications, interactions, complications and risks.
Medications and treatments are not always effective. Medications may be otherwise unavailable. They may be outdated, superseded, banned, or
otherwise no longer used for the condition. Medications and treatments
may be non-mainstream or alternative treatments. Medications or treatments may interact adversely with other
treatments, medications, supplements, or alternative treatments. Treatments may
adversely affect other medical conditions. Treatments are not necessarily
appropriate for all patients or certain types of patients such as infants,
children, pregnant woman, seniors, or patients with other complications.
Treatments may only be appropriate at certain phases of a disease. Should you have any health care related questions or medical
emergencies, please call or see your physician or other professional qualified
health care provider promptly. Disclaimer on Statutory Rights Evincii excludes all conditions and warranties implied by
custom or law for your statutory rights and disclaims as follows: (a) All material on the Application is provided to you
without warranties of any kind, either express or implied and whether oral or
written; (b) Evincii disclaims all warranties of any kind
including but not limited to implied warranties of merchantability and fitness
for a particular purpose; (c) Evincii not warrant that the functions contained in any
material on the Application or your access to the Application will be
uninterrupted or error free, that any defects will be corrected or that the Application
or the server which stores and transmits material to you are free of viruses or
any other harmful components; (d) Evincii does not warrant or make any representation
regarding the information or the search result on the Application, including
its correctness, accuracy, completeness, reliability, or being up to date; Evincii will not be liable for any loss, costs or expense
whether direct, indirect, incidental, special and/or consequential, including
loss of profits, suffered by you or claims made against you that result from
any use or access of, or any inability to use or access, the Application. 5. Intellectual Property and Copyright The material on the Application, the software, design, text
and graphics comprised in the Application and the selection and layout of the Application
are owned, licensed or compiled by Evincii and protected by copyright law under
the laws. The Application does not grant you a license nor acts as a
right of use of any of the trademarks or logos, whether registered or
unregistered, that are displayed on the site without the express written
permission of the trademark owner. You must not modify, copy, reproduce, republish, frame,
upload to yourself or a third party, post, transmit, translate, creative
derivative works from or distribute the content of the Application in any way
unless authorized by Evincii Inc. By submitting communications or materials to any part of
this Application, you agree that such submission is non-proprietary for all
purposes. If you make any such submission, you automatically grant and
warrant that the owner of such information has expressly granted Evincii a
royalty-free, perpetual, irrevocable, world-wide non-exclusive license in the
right to use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the communication or information in
any media or medium, or any form, format, or forum now known or developed in
the future. Evincii shall be entitled to unrestricted use of the
submissions for any purpose without compensation to the provider of the
submissions, including the right to publish on the Application or elsewhere and
to use the submission, including any suggestions, ideas, etc. Evincii
respects your privacy and abides by the privacy rules. None of the
information collected, if any, will be used to personally identify you and none
of this information is shared with any third party. If such information is
collected at all, the information will be stored in a controlled environment
and access to this information by Evincii personnel is also limited. This
information is used strictly for the purposes of enhancing performance or user
experience in the future release of the Application. Occasionally, we make request for your information for online purchases, researches or system enhancements upon your consent. We
will take all reasonable steps to ensure that all information you provide to us
that we use or disclose is stored in a secure environment accessed only by authorized
Evincii personnel. Please keep in mind that no information transmitted over the
internet can be guaranteed to be 100% secure. We will use all commercially
reasonable efforts to protect your personal data,
however we cannot ensure or warrant the security of any information you
transmit to us or receive from our online services. These activities are
conducted at your own risk. Once we receive your transmission, we will make
reasonable efforts to ensure its security in storage. 7. Indemnity By
entering into the Application, you agree to indemnify Evincii from and against
all actions, claims, suits, demands, damages, liabilities, costs or expenses
(whether in tort or in contract including and without limitation, negligence)
arising out of or in any way connected to the use of the Application by you. 8. Limitation of Liability Evincii's liability for breach of any implied
warranty or condition is limited to, at the option of Evincii, (a) the
supply of the services again; or (b) the payment of the cost of having the
services supplied. 9. Miscellaneous The
Terms of Use are governed by and construed in accordance with the laws of California,
United States of America. You
unconditionally submit to the non-exclusive jurisdiction of the courts in California,
USA. If
any provision of the Terms of Use is found to be invalid or unenforceable by a
Court of Law, such invalidity or unenforceability will not affect the remainder
of the agreement which will continue in full force and effect. 10. Termination The
Terms of Use are effective until terminated by Evincii. Evincii may
terminate the Terms of Use and your access to the Application at any time
without notice. In the event of termination, all restrictions imposed on
you by the Terms of Use and/or disclaimers and limitations of liability set out
in the Terms of Use will survive. Last updated January 07, 2010 Appendix: Data Sources The
medical data are acquired and compiled programmatically from multiple data
sources such as United States Department of Agriculture (USDA), National Library of Medicine (NLM), National Institute of
Health (NIH), Food and Drug Administration (FDA), Medline, MedlinePlus,
other trusted web sites and product data sources. Though
efforts were made to review and edit the acquired knowledge, it is impossible
to warrant the accuracy, completeness and correctness of the entire system.
The external data presented via hyperlinks are merely displayed for your
convenience without validation. The information
is not meant to substitute for the advice provided by your own physician or
other healthcare professionals.
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