TERMS AND CONDITIONS
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS,
DO NOT USE THIS WEBSITE.
All features, content, specifications, products and prices of products and services described on our Web sites, www.livingwelllifesolutions.com, www.divinelife.tv or www.divineliquid.com , hereafter referenced as (these "Web Sites"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Divinelife.tv. ("DLTV") which operates these Web Sites hereafter referenced as (DLTV, defined as "we" or "us"), make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on these Web Sites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from these Web Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
Shipping Limitations.
When an order is placed, it will be shipping to an address
designated by the purchaser as long as that shipping address is compliant with
the shipping restrictions contained on these Web Sites. All purchases from these
Web Sites are made pursuant to a shipment contract. As a result, risk of loss and
title for items purchased from these Web Sites pass to you upon delivery of the
items to the carrier. You are responsible for filing any claims with carriers
for damaged and/or lost shipments.
Accuracy of Information.
We attempt to ensure that information on
these Web Sites
is complete, accurate and current. Despite our efforts, the information on these
Web Sites may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or current-ness of any
information on these Web Sites. For example, products included on these Web
Sites
may be unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on these Web Sites. In addition,
we may make changes in information about price and availability without notice.
While it is our practice to confirm orders by email, the receipt of an email
order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
Use of these Web Sites.
The design of these Web Sites and all text, graphics,
information, content, and other material displayed on or that can be downloaded
from these Web Sites are protected by copyright, trademark and other laws and may
not be used except as permitted in these Terms and Conditions or with prior
written permission of the owner of such material.
The software and other
technology components of these Web Sites are © 2010, Divinelife.tv. or its affiliates and suppliers. The contents of these Web Sites are ©
2010 Divinelife.tv or it's respective affiliates and
suppliers. All rights reserved.
You may not modify the information or materials
displayed on or that can be downloaded from these Web Sites in any way or
reproduce or publicly display, perform, or distribute or otherwise use any such
information or materials for any public or commercial purpose. Any unauthorized
use of any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
Trademarks.
Certain trademarks, trade names, service marks and logos used or
displayed on these Web Sites are registered and unregistered trademarks, trade
names and service marks of DLTV and its affiliates. Other trademarks, trade
names and service marks used or displayed on these Web Sites are the registered
and unregistered trademarks, trade names and service marks of their respective
owners, including DLTV and its affiliates. Nothing contained on these Web Sites
grants or should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademarks, trade names, service
marks or logos displayed on these Web Sites without the written permission of DLTV
or such other owner.
Linking to these Web Sites.
Creating or maintaining any link from another Web site
to any page on these Web Sites without our prior written permission is prohibited.
Running or displaying these Web Sites or any information or material displayed on
these Web Sites in frames or through similar means on another Web site without our
prior written permission is prohibited. Any permitted links to these Web Sites
must comply will all applicable laws, rule and regulations.
Third Party Links.
From time to time, these
Web Sites may contain links to Web
sites that are not owned, operated or controlled by DLTV or their respective
affiliates (including, but not limited to, drugstore.com). All such links are
provided solely as a convenience to you. If you use these links, you will leave
these Web Sites. Neither we nor any of our respective affiliates are responsible
for any content, materials or other information located on or accessible from
any other Web site. Neither we nor any of our respective affiliates endorse,
guarantee, or make any representations or warranties regarding any other Web
sites, or any content, materials or other information located or accessible from
any other Web sites, or the results that you may obtain from using any other Web
sites. If you decide to access any other Web sites linked to or from these Web
Sites, you do so entirely at your own risk.
Inappropriate Material.
You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that we may have at law or in
equity, if we determine, in our sole discretion, that you have violated or are
likely to violate the foregoing prohibitions, we may take any action we deem
necessary to cure or prevent the violation, including without limitation, the
immediate removal of the related materials from these Web Sites. We will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
User Information.
Other than personally identifiable information, which is
subject to these Web Sites' Privacy Statement, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or other
communication you transmit or post to these Web Sites in any manner ("User
Communications") is and will be considered non-confidential and non-proprietary.
We and our respective affiliates and our or their designees may use any or all
User Communications for any purpose whatsoever, including, without limitation,
reproduction, transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or all
commercial or non-commercial purposes. We may, but are not obligated to, monitor
or review any User Communications. We will have no obligation to use, return,
review, or respond to any User Communications. We will have no liability related
to the content of any such User Communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right
to remove any or all User Communications that includes any material we deem
inappropriate or unacceptable.
DISCLAIMERS.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS
AND SERVICES PROVIDED ON OR THROUGH these Web Sites ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER DLTV NOR ANY OF
IT'S RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS
OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH these Web Sites.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THESE WEB SITES MAY
BE OUT OF DATE, AND NEITHER DLTV, NOR ANY OF THEIR RESPECTIVE AFFILIATES
MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS
OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THESE WEB SITED ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES
LISTED OR PURCHASED ON OR THROUGH THESE WEB SITES WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT
OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE
MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY.
DLTV assumes no responsibility, nor will be liable,
for any damages to, or any viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing these Web Sites, or your downloading of any
information or materials from these Web Sites. IN NO EVENT WILL DLTV, OR ANY OF
IT's RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF these Web Sites, BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF these Web Sites, ANY WEB SITES LINKED TO these Web Sites, OR THE
MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THESE WEB SITES OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING these Web Sites. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH these Web
Sites, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES
IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON these Web Sites.
Revisions to these Terms and Conditions.
These Terms and Conditions may be
revised at any time and from time to time by updating this posting. You should
visit this page from time to time to review the then current Terms and
Conditions because they are binding on you. Certain provisions of these Terms
and Conditions may be superseded by legal notices or terms located on particular
pages of these Web Sites.
Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other
agreement between you and DLTV to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions will be
governed by and construed in accordance with the laws of the Commonwealth of
Pennsylvania, without giving effect to any principles of conflicts of laws. Any
action seeking legal or equitable relief arising out of or relating to these Web
Sites will be brought only in the federal or state courts of FLORIDA. A printed version of these Terms and Conditions will be admissible
in judicial and administrative proceedings based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
Termination.
You or we may suspend or terminate your account or your use of
these Web Sites at any time, for any reason or for no reason. You are personally liable
for any orders placed or charges incurred through your account prior to
termination. We reserve the right to change, suspend, or discontinue all or any
aspect of these Web Sites at any time without notice.
Health Related Information. The information contained in the Web Site is
provided for informational purposes only and is not meant to substitute for the
advice provided by your doctor or other health care professional. You should not
use the information available on or through the Web Site (including, but not
limited to, information that may be provided on the Web Site by healthcare or
nutrition professionals employed by or contracting with DLTV) for diagnosing or
treating a health problem or disease, or prescribing any medication.
Information
and statements regarding dietary supplements have not been evaluated by the Food
and Drug Administration and are not intended to diagnose, treat, cure, or
prevent any disease.
You should read carefully all product packaging prior to
use.
Indemnity. You agree to indemnify and hold DLTV and our parents, affiliates (and
their franchisees and licensees), and subsidiaries, officers, directors,
employees, successors and assigns, harmless from any claim, loss or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of our Web Site, your connection to our Web Site, your violation
of these Terms and Conditions, or your violation of any rights of another party.
This indemnity survives termination of these Terms and Conditions.
Domestic Use; Export Restriction.
We control the Web Site from our offices
within the United States of America. We make no representation that the Web Site
or its content (including, without limitation, any products or services
available on or through the Web Site) are appropriate or available for use in
other locations. Users who access the Web Site from outside the United States of
America do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software to
certain territories. No content from the Web Site may be downloaded in violation
of United States law.
General.
Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or provision by
us. If any provision of these Terms and Conditions 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 our Terms and Conditions remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Web Site or our Terms and Conditions must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Additional Assistance.
If you do not understand any
of the foregoing Terms and Conditions or if you have any questions or comments,
we invite you to contact us at:
Divinelife.tv.
ATTN: Privacy Department
P.O. Box 325, 1650 Margaret Street, Suite 302, Jacksonville, FL 32204-3869
Telephone 1-888-768-8350
Monday – Friday
9:00 AM – 5:00 PM EST
or e-mail us at info@divinelife.tv
Questions or Complaints About This Privacy Policy Write to our Chief Privacy Officer:
Divinelife.tv.
ATTN: Chief Policy Officer
P.O. Box 325, 1650 Margaret Street, Suite 302, Jacksonville, FL 32204-3869
Telephone 1-888-768-8350
Monday – Friday
9:00 AM – 5:00 PM EST
Last Updated: Apil 08, 2010
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