Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and the products on the Site are not intended to diagnose, treat, cure or prevent any disease. Information on the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider.
USE OF SITE
The Site and information, features and services available through the Site may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these TOU. The Service is provided primarily for informational purposes, and is not guaranteed. We shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information.
You should assume that all content, materials, designs, text and images (collectively, the “Materials”) contained on the Site are copyrighted and may not be used except as provided in these TOU. You may download one copy of the Materials to one computer for your personal and non-commercial home use provided you do not change any copyright, trademark, or other proprietary notice. You may not modify that materials at the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. AlkaViva neither warrants nor represents that your use of the Materials will not infringe rights of third parties not affiliated with AlkaViva. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of AlkaViva and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. If you breach any of these terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
You may be required to register for and create an account with the Service in order to access certain information and features offered through the Service. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
THIRD PARTY WEB SITES
The Site may provide links to Web sites or resources outside of the Site. Because we have no control over external sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of , any Web sites that you find or link to through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Web sites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such Web sites.
The Site may provide you with an opportunity to communicate with us. Any communication, whether it be suggestions, ideas, concepts, graphics, photography, images, sounds, text, know-how or other material you do transmit to AlkaViva through the Site or otherwise will be considered as non-confidential and non-proprietary (“Communications”). AlkaViva will have no obligation with respect to Communications. Any Content you transmit to or post on the Site may be used or published by us or our designees for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media throughout the world and in perpetuity without restriction or payment of compensation to you. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
In the event that AlkaViva may allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, AlkaViva is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to AlkaViva that you will not use the Site or any Materials for any purpose that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. AlkaViva will fully cooperate with any law enforcement authorities or court order requesting or directing AlkaViva to disclose the identity of anyone posting any such information or materials. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. It is up to you to take precautions to ensure that whatever Materials you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part.
AlkaViva makes no warranties or representations about the accuracy or completeness of the content on this Site or the content of any other site or external sites.
AlkaViva does not filter advertisements or other content that children may view through our site or linked sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using child filtering software.
Use of and browsing in the Site is done at your sole risk. The Materials provided at the Site are provided “as is” and “as available” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. AlkaViva further does not warrant the accuracy and completeness of the materials at the Site. AlkaViva may make changes to the materials at the Site, or to the products and prices described in them, at any time without notice. The materials at the Site may be out of date, and AlkaViva makes no commitment to update the materials at the Site. Information published at the Site may refer to products, programs or services that are intended for use only in a specific country and may not be used or relied upon in any other country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
In no event will AlkaViva, it suppliers, or other third parties mentioned at this site be liable for any damages whatsoever. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or business interruption or other intangible losses (even if we have been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service or any product obtained through the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service.
If your use of the Materials or information from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these TOU shall continue in effect.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
NOTICE/MODIFICATION OF THESE TOU
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We reserve the right, in our sole discretion, immediately and without notice to suspend these TOU, your account (if you have registered) and/or your ability to access any and all AlkaViva Web Sites, and the related services or any portion thereof at any time. If you post images or Content to the Site that infringe the copyright of any third party, such conduct shall be grounds for immediate termination of your account.
You agree to indemnify, defend, and hold harmless AlkaViva, its officers, directors, employees, agents, licensors, subsidiaries, representatives, distributors, and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
This Site is controlled by AlkaViva from its offices in the State of Nevada, United States of America. AlkaViva makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this Site from other locations, you do so at your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. These TOU constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AlkaViva as a result of this agreement or use of the Site. These TOU and the relationship between you and us shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the Federal and State courts located in Washoe County, Nevada, USA. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are: Copyright © 2007-2009 AlkaViva, LLC, 8745 Technology Way, Ste. C, Reno, NV 89521 U.S.A. All rights reserved.
The trademark AlkaViva® and the other words and product names referenced herein are either trademarks or registered trademarks of AlkaViva. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark in violation of these TOU, AlkaViva will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. These TOU set forth the entire understanding and agreement between you and AlkaViva with respect to the Site. You acknowledge that any other agreements between you and AlkaViva with respect to the Site are superseded and of no force or effect.
AlkaViva may revise these TOU at any time by updating this posting. You should visit this page from time to time to review the then-current TOU because they are binding on you. Certain provisions of these TOU may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
All rights not expressly grated herein are reserved.
Last Revised: January 26, 2009