- To access certain tools, features or functions contained within the Content, you may be required to establish an account.
- We may make periodic updates to the content at any time and from time to time with or without notice to you.
- The Content may include digital rights management, security and anti-tampering related features which, if triggered, may result in Content that was previously available for use being unavailable thereafter.
- You understand that you may encounter Content that you may find objectionable.
- Any User Content (as defined in Section 9 below) that you submit and/or contribute to SANDOW may be used by SANDOW under a royalty-free, non-exclusive, worldwide and perpetual license.
- No information presented throughout any of the content is intended to be construed as, or a substitute for, professional advice.
- Your use of any portion of the content and/or your reliance on any of the information contained therein is at your own risk.
- SANDOW disclaims, to the fullest extent permissible by law, all representations and warranties regarding the content as well as any and all products, services and content featured thereon, and limits its liability with respect to these representations and warranties, all as described below.
SANDOW Design Group, LLC,
Attention: SDG Chief Operating Officer,
3651 FAU Boulevard, Boca Raton, FL 33431
2. License / Reservation of Rights
3. Additional Restrictions Related to Acceptable Use and Prohibited Conduct
Your use of the Content is subject to the following restrictions:
The Content is only intended for use by users who are residents of the United States or Canada (collectively, and as applicable, the “Territory”). You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Content from outside of the Territory. By using or continuing to use the Content, you represent, covenant and agree that you comply with the Territory requirements at all times.
You may not use the Content to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of SANDOW or the Content in any way.
Because the Content has security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the content. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Content, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.
The license granted to you hereunder does not convey to you any of the following: (i) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (ii) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (iii) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (iv) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (v) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.
You acknowledge and agree that the views expressed in the Content do not necessarily reflect the views of SANDOW, and SANDOW does not support or endorse any content or materials, whether or not edited by SANDOW, that is posted or submitted by you or any other user.
You may be required to register as a user on SANDOW to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the Content. If any information provided by you is untrue, inaccurate, not current or incomplete, SANDOW reserves the right to terminate your account or subscription and refuse any and all current or future use of the Content. SANDOW reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.
Without limiting any of the foregoing, you agree to not use the Content to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another user;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonate any person or entity, including, but not limited to, a SANDOW official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage and use any aspect of the Content;
- Intentionally or unintentionally violate any applicable local, state, national or international law; and/or
- Harvest, collect or store information about the users of the Content posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.
4. Disclaimer of Referrals
- SANDOW hereby disclaims all representations and warranties of any kind with respect to any professional that is or may be featured within the Content;
- The professional referral materials contained within the Content are not intended to constitute, replace or otherwise be a substitute for professional advice;
- We do not guaranty the accuracy, quality or availability of the referrals;
- Your reliance on any Content and/or referral(s) originated within the Content is at your own risk; and
- For specific medical-related questions, please see a licensed health care professional of your choosing.
In providing users with a forum to identify and locate professionals, SANDOW cannot and does not involve itself in the agreements between users and the actual professionals (including their representatives) that may be featured in the Content. In addition, SANDOW does not screen any professionals and the fact that any professional appears in the Content does not imply an endorsement of them. Accordingly, SANDOW cannot ensure the success or level of care that may be provided by any such professional. You, and not SANDOW, is solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a medical provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her/their insurance affiliations.
5. External Links Disclaimer / Affiliate Partnerships
The content routinely contains links to external, third party websites. By providing links to other sites, SANDOW does not guarantee, approve or endorse the information or products available at these sites.
SANDOW does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to the Content assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link contained in the Content to the site administrator or webmaster.
SANDOW or its affiliate brands may earn a portion of sales from products that are purchased through the content or our site (for example, by clicking a link in an article).
6. Mobile / Wireless Policy
In addition to any fees which may be applied for use of any portion of the content that requires payment (e.g., certain subscriptions, product/service purchases, etc.), your provider’s standard messaging rates apply to our confirmation and to all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS-IS basis.
7. Contests, Promotions, Simulations or Games
From time to time, SANDOW may offer as part of the content, contests, promotions, simulations or games (collectively, the “Promotions”). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of SANDOW. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. SANDOW, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release SANDOW and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Content. SANDOW is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Content, or the site where a contest, promotion, simulation or game is conducted, are subject to immediate disqualification and revocation of their registration. SANDOW is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
8. Intellectual Property Rights
The Content contains copyrighted material, trade secrets, patented (or patent-pending) inventions and other proprietary material and intellectual property of ours and our licensors. All title and ownership rights in the content and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the Content which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval or through a mechanism we provide in the Content.
You cannot use any of the trademarks or protected copyright materials found on and within the Content, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.
9. Unsolicited Materials / User License
In operating the Content, SANDOW neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to SANDOW will not be treated as confidential or secret, save certain Transaction Information.
In addition to the foregoing, by communicating with SANDOW and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting SANDOW a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any SANDOW work product. You also warrant that any “moral rights” in posted materials have been waived.
10. Product Purchases
All purchases made from SANDOW are for consumer use only. No products purchased on SANDOW may be resold, and dealer orders are expressly not permitted. SANDOW reserves the right to accept or reject any order/purchase.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
SANDOW is committed to customer satisfaction. Should any non-conforming and/or damaged products be purchased and received by Users from SANDOW, whether or not in connection with those subscription programs offered by SANDOW, some products may be returned based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, SANDOW will gladly replace any products damaged from shipping or otherwise.
All purchases shall exclusively be in U.S. dollars. We may revise the pricing for products and services we offer at any time. Unless SANDOW shall agree otherwise in writing, all products purchased will be sold FOB third party carrier.
We collect sales tax where required by applicable law.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Statement. You can access our Privacy Statement from the Privacy link in the footer of every webpage.
12. Disclaimer of Warranties
SANDOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE CONTENT. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE CONTENT SHALL DO SO AT HIS/HER/THEIR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT WILL SANDOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CONTENT, EVEN IF SANDOW OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SANDOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Chief Operating Officer
SANDOW Design Group, LLC
3651 FAU Boulevard
Boca Raton, FL 33431
We will respond expeditiously to claims of copyright infringement committed using the Content that are reported to the above-referenced Designated Copyright Agent in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the Content hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).
17. Applicable Laws / Jurisdiction
You agree that the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms and Conditions, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of Florida, in connection with any such dispute and including any claim involving SANDOW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
19. Provisions Held Unenforceable or Invalid
If you have any questions about this policy or our site in general, please contact us.