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Welcome to the MyCellEssentials web site located at "www.mycellessentials.com" (this "Site"), which is owned by AlivenLabs, LLC ("AlivenLabs"). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these "Terms"), including but not limited to conducting this transaction electronically, disclaimers and a choice of Tennessee law.
These Terms are effective as of March 15, 2006.
1. Disclaimer; No Medical Advice
Please consult your healthcare provider before beginning any course of supplementation or treatment. Information on this Site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from this Site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Site. 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.
2. Site Content
All contents of this Site are: ©2006 AlivenLabs, LLC. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and "look and feel" of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the "Content"). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of AlivenLabs. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of AlivenLabs' intellectual property rights.
3. Modifications to Terms and Site
AlivenLabs may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
AlivenLabs also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. AlivenLabs may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that AlivenLabs will not be liable to you or any third party in the event that AlivenLabs exercises its right to modify or terminate access to this Site or portions of this Site.
Price and availability information on this Site are subject to change without notice.
4. Third Party Sites
As a convenience to you, AlivenLabs may provide links to web sites and access to content, products and services of third parties, including without limitation, AlivenLabs affiliates and strategic partners and other entities ("Linked Sites"). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. AliveLabs does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by AlivenLabs, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
5. Disclaimer
All information contained ON THIS site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this site for the diagnosis of a health problem or the prescription of medication.
AlivenLabs makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. AlivenLabs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
6. Limitation of Liability
IN NO EVENT SHALL AlivenLabs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF AlivenLabs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall AlivenLabs or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, AlivenLabs sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
7. Digital Millennium Copyright Act
For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address: AlivenLabs, LLC, Attention: [________],[________][________].
8. Governing Law
Use of this Site is governed by Tennessee law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court in Texas within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.
9. Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
10. Contact Information
If you have any questions about these Terms, the practices of AlivenLabs, or your dealings with this Site, please contact us through one of the methods listed below.
AlivenLabs, LLC
Attn: Webmaster
[_______________]
[_______________]
[_______________]
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