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Conditions of Use

 Conditions of Use

COPYRIGHT AND TRADEMARK INFORMATION

Copyright ©2007 South Pacific Trading Co. (SPTC). All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.

Hypertext linking to this web site is permitted. However, reserves the right to disable any link to any site that SPTC believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of SPTC adversely affects the goodwill of SPTC or any trademark or service mark of SPTC or its subsidiaries SPTC expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.

You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution, and transmission in any way without the prior written consent of SPTC is strictly prohibited SPTC reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.

SPTC, Noni Pacific, Coconut Pacific, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of SPTC or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.

EXERCISE PRESCRIPTION AND NUTRITION INFORMATION

On this Web site and in its podcast, South Pacific Trading Company, Inc. periodically presents advice and guidance in the areas of health, exercise, fitness and nutrition. None of the information listed on this site or presented on the podcast is meant to provide diagnosis or treatment of a medical condition. If you are experiencing any symptoms of ill health please contact a licensed medical doctor to diagnose, treat, and address your medical needs. Additionally, on this website and in its podcast, South Pacific Trading Company, Inc. periodically presents its opinions on the matters of diet and nutrition. These opinions are not to be considered statements of fact. Finally, South Pacific Trading Company, Inc. periodically presents exercise prescription on this Web site and in its podcast. Users and listeners are strongly advised to seek the advice of a qualified medical professional prior to engaging in a new, or more strenuous, exercise program.

LINKS TO THIRD-PARTY WEB SITE

South Pacific Trading Company, Inc. may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. South Pacific Trading Company, Inc. does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. South Pacific Trading Company, Inc. does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. South Pacific Trading Company, Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.

NOTE ABOUT PRICING

SPTC makes every effort to provide accurate information about products and their pricing on the web site. However, pricing and/or typographical mistakes may, on rare occasions, appear on nonipacific.com. For this reason, SPTC cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, SPTC reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, SPTC will notify you of the cancellation. Prices and availability are subject to change without notice.

NOTE ABOUT QUANTITY LIMITS

SPTC reserves the right to set quantity-per-order limits on any and all items sold on www.nonipacific.com. SPTC may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.

WARRANTY DISCLAIMER

WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THIS WEB SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. SPTC EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, SPTC, www.nonipacific.COM, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, " South Pacific Trading Company ") DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPTC DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. SPTC DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.

THE www.nonipacific.COM WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. SPTC IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. SPTC EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. SPTC MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY SPTC. SPTC DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.

SPTC DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY SPTC. THIS WEB SITE IS OPERATED IN THE STATE OF Florida, UNITED STATES OF AMERICA AND SPTC MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

SPTC RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON www.nonipacific.COM. www.nonipacific.COM WILL ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.

BY YOUR USE OF THIS WEB SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF ITS CONTENT, YOU AGREE THAT SPTC IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF SPTC ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM SPTC IN THE APPLICABLE TRANSACTION. SPTC SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF SPTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

MODIFICATION OF TERMS

SPTC reserves the right to amend these Terms and the additional Terms here below at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by SPTC will be prospective only.

NO RESALE OF SERVICE

You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

THIRD PARTY SOFTWARE

As a convenience to Customers, SPTC may make third-party software available through the Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. SPTC does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. SPTC makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.

INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SPTC, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "South Pacific Trading Company ") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, SPTC WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE

TO THE FULLEST EXTENT PERMITTED UNDER LAW, SPTC WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE

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