A. The Site and Your Agreement to Use
B. The Site and Information and Advisement to See A Physician Prior To Use of Any Product
You should note that the products on the Site, as Dietary Supplements, have not been evaluated by the United States Food and Drug Administration (“FDA”) and you should understand that any products on this Site are not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided on the Site, including information that may be provided on the Site by linking to third-party websites, are to be used for informational purposes only. You should consult a physician or other healthcare provider prior to the use of any product on this Site. As a part of consulting with your doctor or healthcare provider, you should fully review the product label or insert about potential interactions between medications you are taking and any product, and other precautions and warnings, and provide this information to then as a part of any decision to use a product. You should further note that Information provided on the Site and linked websites may be provided in abbreviated form and may not be complete. Information on the Site should not be considered as a substitute for consulting a healthcare provider; and again, you should consult your physician or other healthcare provider, prior to the use of any product on this Site.
C. Your Authority to Use the Site – U.S. And Non-U.S. Residents
By using our Site, you agree that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, representations and warranties as noted in this Agreement. If you cannot agree every condition, you should not use the Site. We do not directly collect personal information from any person under the age of 18, and only collect information for persons under 18 if provided by a parent or legal guardian on their behalf as a minor. This Site is intended for U.S. Resident use only. If you are not a U.S Resident, or access the Site from outside the U.S., you do so without our permission and bear all responsibility for compliance with local applicable laws. You further agree you will not use the Site content or products in any country or in any manner that is not consistent with local law, restriction or regulation.
D. Your Use of The Site and Termination Of Your Use
Use of certain features within the Site (e.g. online ordering, professional sample requests, requests for Educational Cards) requires that you disclose certain personal information. Any disclosure is your choice, as is the use of any feature. In addition, you may be able to set-up a personal account which stores certain personal information. You agree to provide accurate and complete information about yourself as prompted by the Site and to update such information to maintain accurate and complete information. If you provide any false, misleading, incomplete or inaccurate information, or we in our sole discretion suspect that such information is the same, we reserve the right to suspend or terminate your personal account and prohibit any and all use of the Site by you. During the registration process you may need to create a username and password. You are responsible for the confidentiality of your personal account (e.g. user name and password) and are fully responsible for all activities that occur under these. You agree to immediately notify us of any unauthorized use of your account or any other security breach, and to ensure that you exit from your personal account at the end of each session. You also agree to be responsible for all charges resulting from the use of your personal account on the Site including charges resulting from unauthorized use. We are not liable for any loss or damage resulting from your failure to comply with the above. You agree to only use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site anything unlawful, objectionable, offensive, obscene, indecent or threatening. You agree not to use the Site in a manner that would interfere with other’s use of the Site. You agree not to access the Site by any means other than the interface we provide. You agree not to display, run the Site or any information or material displayed on the Site, through other means on another website without our prior, written authorization. We reserve the right to modify or discontinue the Site or any portion of it with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuation of the Site. We reserve the right to terminate any account that we do not believe meets the above conditions. You agree that we may terminate or suspend your account, with or without notice, for any conduct that we, in our sole discretion, believe violates any part of this Agreement.
E. User Posted Content and User Conduct
There may be areas on the Site where you may post your own content (“User Content”). You should understand that you are wholly responsible for any content that you post to the Site, and you alone assume any and all risks associated with your posted content including anyone’s reliance on its accuracy, truthfulness or reliability, or anything that makes you identifiable. Once published, your content may not be able to be withdrawn or removed. Under no circumstance, may you state, suggest or imply that your content is supported or endorsed by MVW Nutritionals. You may expose yourself to liability if your content is misleading, false, inaccurate, or violates any third-party rights, regulations or the law. We cannot guarantee that your content will not be misused by other users. Should you have information you want to keep confidential and/or do not want others to use, do not enter it on the Site. We will not assume and liability for any user content, and any and all liability is borne by you. Your content postings are voluntary and there is no confidential or contractual relationship established between you and MVW Nutritionals as a result of any posting. We assume no liability for any disclosure of any user content. We fully understand that we are entitled, unrestricted and compensation free use of any user content entered on the Site. You further agree not to use the Site to:
- Post user content that is objectionable, harmful to others, obscene, false, or unlawful,
- Harass or abuse another user,
- Impersonate another entity or person, or misrepresent any affiliation with another entity or person,
- Bring harm minors,
- Attempt to disguise the origin of any user content you post to the Site,
- Post or otherwise transmit any user content that you do not have the right to post,
- Post or otherwise transmit any user content that infringes on any copyright, trademark or rights (“Rights”) of others,
- Post or otherwise transmit any advertising or promotional materials (e.g. marketing campaigns, marketing messages),
- Post or otherwise transmit any content that contains viruses, or other code that may negatively affect the operations of the Site,
- Attempt to collect data about other Site users, and;
- Attempt to gain access to unauthorized areas of the Site including servers or networks.
Should a user violate any of the above conditions, we have the right to terminate your account and/or block your access and use of the Site. You also fully understand that by using the Site you may be exposed to other’s user content that is indecent or otherwise objectionable. We do not have control over user content. User content is not reviewed by us prior to posting. You are solely responsible for your interactions with other Site users. We are under no obligation to monitor communications between you and other Site users. By using the Site, you agree to indemnify us for any and all third-party claims, damages, losses, liability and causes of action in any way arising from or as a result of your posting any content or materials or your failure to comply with the above. Furthermore, we reserve the right to edit or remove or edit any user content on the Site.
Your privacy and security are a key priority at MVW Nutritionals. When you submit personal information on the Site you are consenting to the manner in which we collect, use, disclose and/or otherwise manage your personal information, as set out below:
- Collection/Use of Personal Information: We may collect personal information that you provide to us when you: (a) purchase, order, return, exchange or request certain information about our products and services; (b) contact Customer Service or any employee of MVW Nutritionals; (c) register with our Site or participate in another feature of our Site; (d) provide us with comments or suggestions. While we attempt to protect your privacy and personal information, we cannot guarantee the security of any information.
- Cookies: We may utilize “cookies” which, if you enable their use, store small amounts of data when you visit the Site. Cookies assist in tracking features of the Site that users frequent and may like best. You have the ability to enable or disable cookies in your browser settings, and the Site is viewable even when cookies are disabled.
- Promotional Information and Marketing Materials: We would like to keep you informed about our products and services, and any special offers that might be of benefit to you. When you register online or participate in a survey, you will have the opportunity to sign up for e-mails about our products, services, and special offers. We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers.
- Ordering: When you submit personal information on our website, your information is protected both online and offline.
- MVW Nutritionals and Third Parties: Like most online sellers, when you visit our website(s), we may collect information about that visit.
- Access to Personal Information by Companies that Work for, with or on behalf of MVW Nutritionals: Some of our operations, such as our electronic commerce, may be managed by service providers who are unaffiliated companies. These companies may share personal information with their affiliates and with service providers whom they engage to perform services related to our Site or the operation of our business. When Product(s) are shipped to you, your shipping information is shared with our delivery service providers (Fed-Ex, United States Postal Service, UPS, etc.)
- Sale of the Business: In the event that some, or all of our assets are sold, your personal information may be transferred to third parties as part of such a transaction.
- Disclosures of Personal Information in Legal Proceedings: If directly or indirectly requested under the law to provide personal information about you, we – without your consent or notice – may provide such information. We may also disclose personal information where you owe us a debt.
- Information Sharing Disclosure Requests: If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom we or any of our affiliates have shared the personal information we have collected from you. You may request the Notice of Information-Sharing Disclosure by contacting Customer Service.
G. Liability Disclaimer
You agree to indemnify, defend and hold harmless MVW Nutritionals from and against all losses, expenses, costs and damages, including attorney’s fees, arising from your use, or attempted use of the Site.
I. Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the MVW Nutritionals site are the sole property of MVW Nutritionals, and are subject to and protected by U.S. copyright laws, and any and all other intellectual property laws and rights that may apply. The trademarks, trade names, trade dress, copy, and logos (collectively, “Marks”) contained on the Site, including without limitation MVW Nutritionals®, MVW Complete Formulation®, GenADEK® and VADEK® are the sole property of MVW Nutritionals and may not be used or copied without the prior, express, written authorization of MVW Nutritionals. Any custom graphics and custom icons are further considered proprietary marks of MVW Nutritionals and may not be copied or otherwise used, in whole or in part, without the prior, express, and written authorization of MVW Nutritionals. Any other trademarks, copyrights, logos other intellectual property are the property of the respective named owners, with any and all rights reserved.
This Agreement is the whole and only Agreement between MVW Nutritionals and you with respect to the nature of this Agreement. This Agreement supersedes any and all prior Agreements.
K. Severability and Interpretation
If any provision of this Agreement is deemed unlawful or otherwise unenforceable, that provision will be severed from this Agreement; however, the remainder of this Agreement will be fully enforceable.
L. Applicable Law
Enforcement and interpretation of this Agreement shall be governed by the laws of the State of Alabama, without giving you any other choice of law or state to bring any action. To the fullest extent permitted by law, you and MVW Nutritionals agree to arbitrate any controversy, claim or dispute around this Agreement. Any arbitration will be conducted in Madison County, Alabama.
Any claim relating to the use of the Site or this Agreement must be filed within one (1) year. After one (1) year the claim or cause of action is deemed not to have occurred and any potential action by you forfeited.
N. To Contact Us
Should you desire to contact MVW Nutritionals about this Agreement, please call (855) CF-MULTI or (855) 236-8584.