PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

By using the Site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the Site! SightQuest LLC ("SightQuest") may revise and update these Terms and Conditions at any time. Your continued usage of the Health Digest website ("Site," or the "Site,") will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

This site is intended for viewing by the USA audience only. If you are in another country, local laws may not permit access to the medical information contained in this site.

Welcome to our site. We maintain this website as a service to our customers. By using our site, You are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If You do not agree to these terms, You may not use this site.

1. Acceptance of Agreement. For purposes of this agreement, the terms "we," "us," our" and "Health Digest" refer to SightQuest LLC and its successors, partners, affiliates, subsidiaries and assigns. The terms "You" and "End-User" refer to You as a user of this Site. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our internet website (the "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 from time to time by us without specific notice to You. The latest Agreement will be posted on the Site, and You should review this Agreement prior to using the Site. By accessing the site, You agree to be bound by the terms of the latest Agreement posted.

2. Copyright and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Other product, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed by this Agreement, 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 by Health Digest does not constitute a waiver of any rights in such information and materials.

3. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall keep all trademark, copyright and proprietary notices intact. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use (but not for resale or redistribution).

4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time without notice.

5. Submissions. If You send submissions (e.g., postings to chats, message boards, or contests) or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Health Digest. None of the Submissions shall be subject to any obligation of confidence on the part of Health Digest, and Health Digest shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, You warrant that all so-called moral rights in any Submissions You provide have been waived. Without limitation of the foregoing, Health Digest shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature throughout the universe in perpetuity and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Health Digest does not endorse and has no control over the content of Submissions submitted by others to the Site. Submissions submitted to the Site are not necessarily reviewed by Health Digest prior to posting and do not necessarily reflect the opinions or policies of Health Digest. Health Digest makes no warranties, express or implied, as to the content of the Submissions on the Site or the accuracy and reliability of any Submissions and other materials on the Site. Nonetheless, Health Digest reserves the right to prevent You from contributing Submissions to the Site and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice.

6. Indemnification. You agreed to defend, indemnify and hold harmless Health Digest, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with Your use of the Site; (c) any non-compliance by You with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of the Site, including information obtained through the Site. Notwithstanding the foregoing, Health Digest reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Health Digest in asserting any available defenses.

7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents is not transferable.

8. Disclaimer and Limits. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Health Digest may also make improvements and/or changes in the products and/or services described in this information at any time without notice. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY 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 BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HEALTH DIGEST AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM OR PERFORMANCE DUE TO A FORCE MAJEURE EVENT. 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, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SITE. HEALTH DIGEST DOES NOT WARRANT OR MAKE REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY, IF ANY, FOR THE GOODS, SERVICES AND/OR INFORMATION PROVIDED FOR THE THREE (3) MONTHS PRECEEDING THE ACTION OR INACTION THAT CAUSED HARM.

9. Disclaimer and Privacy Policy. We collect no personal information about You when You visit our web site unless otherwise stated or unless You choose to provide this information to us. However, we may collect and store certain information automatically. This information will not be shared with anyone beyond the web site support staff, except when required by law enforcement investigation, and will be used only as a source of anonymous statistical information. This information may include:
• Internet Protocol (IP) address of the domain from which You access the Internet, either Your individual address or the proxy provided by Your Internet Service Provider (ISP).
• Date and time You access our site.
• Pages You view (recorded by the text and graphics files that compose that page).
• Web address of the site from which You linked directly to our site.
• Browser version and operating system of the computer You are using.

10. Third Party Advertising. Some ads appearing on this Web site are delivered to You by ChoiceMedia, our Web advertising partner. Information about Your visit to this site, such as number of times You have viewed an ad (but not Your name, address, or other personal information), is used to serve ads to You on this site. For more information about ChoiceMedia, please click here.

Third Party Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on Your browser.

11. Minor. If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

12. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which You may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. The inclusion of third-party advertisements on the Site does not imply any recommendation, approval, or endorsement by Health Digest of the quality of the goods/services being advertised or any other characteristics or qualities of the Merchant or its goods/services. You expressly agree not to rely on any claims made on this Site regarding the quality of the goods/services being advertised. To the extent desired, You shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet Your needs. Merchant has no power to bind Health Digest in any way, including but not limited to issues regarding warranties, adequacy of goods, and all other concerns.

13. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on such sites. We are not responsible for information provided by You to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

14. Payments. 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.

15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, nor shall be deemed incorporated into any of our securities-related filings or documents.

16. Links to Other Websites. The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If You decide to leave our Site and access these third-party sites, You do so at Your own risk.

17. Infringement Policy. Health Digest, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate Your license to use the Site if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Health Digest accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), Health Digest has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

Our designated agent to receive notification of claimed infringement is:
By e-mail: Click to Send Email

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact You, such as Your address, telephone number, and/or electronic mail address.
E. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

18. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.

19. Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.

20. Export Control and other International Information. Unless otherwise specified, the materials on this Site are presented solely to provide information regarding and to promote Health Digest’s Site and other products available in the United States, its territories, possessions and protectorates. Health Digest makes no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States and international export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or to any other prohibited parties. By using the Site, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. Information Health Digest publishes on the World Wide Web may contain references or cross references to Health Digest products, programs or services that are not announced or available in Your country.

21. Miscellaneous. All disputes between You and Health Digest arising in connection with this Agreement shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, using the Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages. The arbitration shall take place in the Wake County, North Carolina, and the arbitrator shall apply the law of the State of North Carolina and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than one (1) year after the cause of action has accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable attorneys’ fees. Notwithstanding the foregoing, Health Digest may seek immediate injunctive relief in the event of Your infringement of intellectual property rights hereunder or a breach of Your confidentiality obligations. 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 either a waiver of such provision or a waiver of the right to enforce such provision.

January 2006