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Terms of Service

TERMS OF SERVICE

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OVERVIEW

This website is operated by Anavii Market LLC. Throughout the site, the terms “we”, “us” and “our” refer to Anavii Market LLC. Anavii Market LLC offers this website, including all sub-domains, international versions, widgets, mobile versions, mobile apps, information, tools and services available from this site (the “Website”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least eighteen years of age or older, or that you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, access to the Website, or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 - PRODUCTS OR SERVICES

Our products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display and describe as accurately as possible the flavors, colors, and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Production availability, descriptions, and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or the Website or any part thereof at any time. Any offer for any product or service made on this Website is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.

SECTION 5 – USER ACCOUNT

As a user of the Website, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account, including all information necessary to access your Account. You should not reveal your Account information to anyone. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.

In order to maintain the integrity of your Account information, you agree that: (i) you will not provide any false information to us; (ii) you will not create an Account for anyone other than yourself; (iii) if we suspend or close your Account, you will not create another one without permission; (iv) you will keep your contact information accurate and up-to-date; and (v) you will not transfer your Account to anyone without first getting our written permission.

SECTION 6 – AGREEMENT TO PAY; ACCURACY OF BILLING AND ACCOUNT INFORMATION

By placing a credit card or ACH direct payment account on file with us, you authorize us to charge your card for all fees you accrue as a result of using the Website.  BY USING A CREDIT CARD, YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you deliberately or inadvertently issue a chargeback to your credit card, your Account will be terminated and you shall pay us a $50 processing and collection fee.

If you purchase a good or service listed on the Website, you agree to pay to the full purchase amount (including taxes, fees, shipping costs, or other terms that may apply to your specific purchase) for all products and services you purchase through the Website. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CHARGES (e.g., overdraft or other bank fees) AND FOR PROVIDING VALID PAYMENT INFORMATION.

We reserve the right to refuse or cancel any order you place with us, limit your ability to make a payment, or deactivate your Account if we believe the transaction violates these Terms or to prevent financial loss. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We have the right to inquire about your identity and creditworthiness at our sole discretion, and we may share details of any transactions with your payment source issuer, law enforcement, or impacted third parties, if we believe doing so may prevent a violation of the law or financial loss.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you believe that an unauthorized transaction has taken place under your Account, you agree to notify us immediately. You hereby waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.  You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any communication and content which you post or submit to the Website (“Submissions”) is considered to be non-confidential and public. You retain all intellectual property ownership of your Submissions. By sending or posting Submissions including, but not limited to, contest entries, creative ideas, inquiries, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you automatically grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. We are and shall be under no obligation (1) to maintain any Submission in confidence; (2) to pay compensation for any Submission; or (3) to respond to any Submission.

We reserve the right, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your use of the Website is governed by our Privacy Policy, which is expressly incorporated into these Terms of Service.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet; or (l) to take actions to seek or discover the information of other users of the Website or of our customers except as authorized by these Terms. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Anavii Market LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products procured using the Website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Anavii Market LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – INTELLECTUAL PROPERTY

Unless otherwise specified, our Website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of Anavii Market LLC, ALL RIGHTS RESERVED. The copyright and other proprietary rights and interests in all of this information are owned by us, our affiliates, or someone who has granted us a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use. You may use our “Link to Us” logos and buttons to post links to the Website, provided you do not only place the logo or button on any website that you do not have permission to do so. Except as expressly authorized in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from our website in whole or in part without our prior written consent. Requests for any such consent should be directed to hello@anaviimarket.com.

The trademarks, service marks, and logos displayed on our Website are owned by us, and others. No license or right to use any trademark contained on our Website is granted to you and any use of any such mark contained on this Website is expressly prohibited unless you obtain the prior written authorization to use such mark from us or such other third party holder of the mark. If you have a specific question related to the marks on our Website or a request for the use of such marks, please direct your inquires to hello@anaviimarket.com.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Website. We reserve the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time without notice to you, and we will not be liable to you or to any third party should it exercise such rights.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity. We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms of Service shall be brought in the federal or state courts located in or applicable to Kentucky, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@anaviimarket.com

SECTION 21 – MEDICAL INFORMATION DISCLAIMER

This Website contains general information and content about diet, health and nutrition. This information and content is not advice, and should not be treated as such. The contents of this Website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.

The general information and content on this Website is provided “AS IS” without any representations or warranties of any kind, express or implied. Anavii Market LLC makes no representations or warranties whatsoever in relation to any health information on this Website.

You must not rely on the information on this Website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other health care provider before doing so. 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.

Neither the Company nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this Website or in other Company materials or provided over the phone or in email correspondence. All of the information on this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and Anavii Market LLC does not undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not or no longer accurate or complete.

SECTION 22– FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE

Statements on this Website have not been evaluated by the Food and Drug Administration. All products sold on Anavii Market LLC are not intended to diagnose, treat, cure, or prevent any disease.

 

Last Revised: July 30th, 2018

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.