Terms and Conditions
Terms and Conditions of Use
Welcome to trysomethingobvious.com. This site is owned and operated by Denice Davis,LLC. This site (including its related subdomains) (collectively the “Site”) is for your personal use and information. Please feel free to browse the Site; however, by using the Site you agree to abide by the terms and conditions of use ("Terms and Conditions") set forth in this notice. If you do not agree to abide by these Terms and Conditions, do not use this Site. Davis reserves the right to modify these Terms and Conditions at any time without notice. You are advised to check these Terms and Conditions from time to time for any changes or updates.
Grant of License
You are granted a non-exclusive, revocable, and limited license to access and use this Site and content in accordance with these Terms and Conditions. No additional rights are granted to you by implication, estoppel or otherwise.
Not Medical or HealthCare Advice
CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.
Disclaimers and Limitations of Liability
THIS SITE IS PROVIDED BY DAVIS ON AN “AS IS” BASIS. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS OR CONTENT AVAILABLE THROUGH THIS SITE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THIS SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THIS SITE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THIS SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE FEDERAL, STATE AND LOCAL LAW, NHGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. NHGI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Third Party Websites
This Site may contain links to third party websites we feel may be of interest to our visitors. Although we try to choose those sites which will be helpful to you, we are not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, or any other practices and policies of such sites. Each third party website is responsible for the correctness, completeness, and accuracy of its own website. We provide these links simply as a convenience to you. This convenience should not be considered an endorsement by us of these websites or of the companies who own them. Davis is not responsible for screening third party websites and has no liability or responsibility for performance or nonperformance of such screening. When you click on one of the provided links, you may be leaving trysomethingobvious.com to enter another site on the Web.
All trademarks, text, logos, graphics, images, designs and other content (“Content”) on this Site are the property of Davis and its subscribers, partners or content providers, unless otherwise indicated, and are or may be subject to the protection of U.S. copyright and trademark laws and international treaties, all rights reserved. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or disassembled or reverse engineered, except with the prior written permission of, and with express attribution to Davis. We own all rights, title, and interest in and to any of the Content (and any and all elements thereof) and any copies thereof throughout the universe in any and all media now known or hereafter developed. You may not do anything that might impair our rights, title, or interest in or to such Content.
If you find a copyright or trademark infringement on the Site, please contact the following:
In your correspondence, please provide the following: (a) identification of the work allegedly infringed; (2) identification and location of the allegedly infringing material; (c) your contact information; (4) 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 owner, its agent or law; and (5) statement that the information in your correspondence is accurate and under the penalty of perjury you are the copyright owner or authorized to act on the copyright owner’s behalf.
You agree to indemnify, defend and hold harmless, at your sole expense, Davis, its affiliates, subsidiaries and their respective officers, directors, employees, and agents from any claim or action brought by a third party relating to your use of the Site or your breach of the Terms and Conditions.
Territorial Use Restrictions and Jurisdiction
These web pages are controlled and operated by Denice Davis, LLC. in the United States. Davis makes no representation that the Content on these pages is appropriate or available for use in other locations or that this Site complies with any applicable laws outside the United States. Those who choose to access these pages from locations outside the United States do so at their own initiative and risk, and are solely responsible for compliance with local laws.
These Terms and Conditions and other policies on this Site shall be governed by and construed in accordance with the laws of the State of New York. All claims, disputes, and lawsuits arising out of or in connection with these Terms and Conditions shall be resolved or adjudicated in Orange County, New York.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Please review our other policies posted on this Site. These policies also govern your visit of trysomethingobvious.com.
We reserve the right to make changes to our Site, policies and these Terms and Conditions at any time. No amendment or modification to these Terms and Conditions or our other policies shall be valid unless agreed in writing by Davis.