The "Cellulite Is..." web site at http:/www.celluliteis.com
(the "Site") is an online information service provided by
Organic Promotions (Organic Promotions, its affiliates,
contractors, successors and assigns hereinafter collective
referred to as "Site Owner" for purposes of these policies,
terms of use and conditions and privacy statement), and subject
to your compliance with the terms and conditions set forth
below. For ease of reference, "the Site" may include the Site
and the Site Owner, its successors, representative and assigns.
IMPORTANT DISCLAIMER - PLEASE
READ
Testimonials and ratings were obtained from Amazon, which
published comments submitted on the Internet to specific
products listed on Amazon and/or its affiliates and have not
been independently confirmed by this Site. Individual results
will vary.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. The Site or Site Owner MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
IMPORTANT DISCLAIMER:
NO MEDICAL OR PSYCHOLOGICAL ADVICE IS GIVEN.
The information provided on this site is for informational
purposes only and is not intended as a substitute for advice
from your physician or doctor or any information contained on
or in any product label or packaging. Please consult with a
licensed doctor or physician before starting any diet, weight
loss, exercise or supplementation program, before taking any
medication, or if you have or suspect you might have a problem.
Any products reviewed on this site and the claims made about
specific vitamins, supplements or other items or procedures on
or through this website have not been evaluated by the United
States Food and Drug Administration and are not approved to
diagnose, treat, cure or prevent disease.
1. Copyright,
Licenses and Idea Submissions.
Unless otherwise specifically noted, the entire contents of the
Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are the Site
and Site Owner, its affiliates or other third party licensors,
including without limitation, any authors, vendors and site
owners who have submitted articles, product reviews or coupons.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE except you
may use the RSS feeds that are provided on this Site. You may
print and download portions of material from the different
areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant
to the Site and the Site Owner a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to SiteManager@
CelluliteIs.com by all means and in any media now known or
hereafter developed. You also grant to Site and the Site Owner
the right to use your name in connection with the submitted
materials and other information as well as in connection with
all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against the
Site and the Site Owner for any alleged or actual infringement
or misappropriation of any proprietary right in your
communications to the Site and the Site Owner. TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
the Site. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
You are permitted to use any RSS feeds offered on this Site
on your web sites for personal or commercial use, provided that
you use the feeds in the format provided.
2. Use of the
Site.
You understand that, except for information, products or
services clearly identified as being supplied by the Site and
the Site Owner, the Site and the Site Owner do not operate,
control or endorse any information, products or services on the
Internet in any way. Except for the Site or Site Owner's
clearly identified information, products or services, all
information, products and services offered through the Site or
on the Internet are offered by third parties, that are not
affiliated with the Site and the Site Owner. Product reviews
and third party links are provided by the Site for purposes of
affiliate commissions; however, the Site and the Site Owner
make no representation or warranty as to the efficacy,
merchantability or privacy practices of such products, services
or their manufacturers and promoters.
YOU FURTHER UNDERSTAND AND AGREE that all articles, snippets
and information provided on this Site is for your informational
purposes only and that you will consult with your lawyer,
doctor, specialist, physician, or other professional before
embarking on any health or business practice discussed anywhere
within the Site.
You also understand that the Site cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the
reconstruction of any lost data. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. THE SITE AND THE SITE OWNER PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE SITE
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. THE SITE DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE SITE HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL THE SITE BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
THE SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE SITE'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Site makes no representations whatsoever about any other
web site which you may access through this one or which may
link to this Site. When you access a third party or outside web
site, please understand that it is independent from the Site,
and that the Site has no control over the content on that web
site. In addition, a link to the Site web site does not mean
that the Site endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless the Site, the
Site Owner, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the
Service. You further agree to indemnify, defend and hold
harmless all contractors and hosting services associated with
the Site, the Site Owner, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers from and against all expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service, or
by the Site or Site Owner. The Site and Site Owner take full
responsibility for this Site and expressly holds harmless the
website host provider and designer from any and all liability
and claims associated with this Site.
4. Third Party
Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of the Site, the Site
Owner, and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly
against you on its own behalf.
5. Term;
Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous), together with the Privacy Policy set forth
below, shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America
applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or
proceeding between the Site and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America. Any cause
of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
The Site's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. The Site may assign its rights and
duties under this Agreement to any party at any time without
notice to you. Any rights not expressly granted herein are
reserved.
PRIVACY POLICY STATEMENT
This Privacy Policy describes the terms of our commitment to
your privacy.
PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors to this
website, all subscribers to lists or newsletters whether paid
or unpaid, all members or affiliates whether paid or unpaid,
and all customers. Persons who visit or view this website,
whether intentionally or unintentionally, whether solicited or
unsolicited, are described herein as "Visitors" and are parties
to this Privacy Policy. Subscribers to lists or Newsletters are
referred to herein as "Subscribers" and are parties to the
Privacy Policy. Persons who join an organization or marketing
endeavor (e.g. "affiliates") promoted by this website are
called "Members" herein and are covered by this Privacy Policy.
Finally, anyone who orders, attempts to order, or receives a
product sold (recipients) or advertised on or delivered from
this website, even at no cost, is called a "Customer" herein
and is subject to this Privacy Policy not only by passive
acceptance, but by virtue of the Purchase Agreement contract.
The website, its agents, owners, operators, and employees are
referred to collectively in the Privacy Policy as "Website,"
"Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL
COVERED
In the event that a person excluded from this website because
of the Terms of Use or from denial of service by the website,
who nonetheless unlawfully views this site, that person remains
subject to the terms of this Privacy Policy and is in violation
of the Terms of Use.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS
WEBSITE
This website is not lawfully accessible to persons under the
age of 18 or who are otherwise covered by the provisions of the
Child Online Privacy Act of 1998 (COPA). If you are under the
age of 18 you must leave this site immediately. Fraudulent use
of this website may make you subject to civil or criminal
sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED
AS ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion of
the consideration required for your right to visit the website.
If you do not accept these terms, you have no right to visit
this site and you are fraudulently using this site.
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY
PROTECTION ACT OF 2003 –OPPA)
It is the intent of the Privacy Policy to comply with the
California Act. Various provisions throughout this Privacy
Policy address requirements of the act. In summary, you must
presume that we collect electronic information from all
visitors. This is not usually personally identifiable. If you
purchase a product or service via this website (and thereby
become covered by the Act), the purchase agreement you
electronically sign prior to purchase allows the website to
collect and archive all the personal information you provide
and to transmit and/or transfer that personal information to
third parties. There is no way you can modify this information
and you have no right to do so. Under the terms of the purchase
agreement, you have no right to view or receive any information
about our database. In the event that the website, under advice
of counsel agrees to divulge information, the requesting party
must submit whatever information is demanded by the website in
insure that the website is releasing information to the correct
party. Other provisions of the OPPA may exempt this website
from complying. While we take measures to ensure that outside
parties do not have access to any information we have about
you, we do not warranty that outside parties will not breach
our system and thus have access to your information. (You
should know that merchant service providers do not allow us
access to your credit card information.) This Privacy Policy
also is subject to change without notice. You are required to
read it prior to using the website. By interacting with the
website you agree to the terms and conditions of the Privacy
Policy. By using the website or purchasing a product through
this website, you waive the right to use state or federal court
systems to address complaints and, instead, agree to use the
American Arbitration Association located in a city and county
specified herein.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS
AND HOW IT IS USED
This website routinely collects information about its visitors,
subscribers, members, and customers. This information is
obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION
OBTAINED FROM ‘REGISTRATION'
Registration means that the Visitor, Subscriber, Member or
Customer takes active, positive steps to communicate
information to this website. This can include pages or ‘pop
ups' where you register for a newsletter or subscribe to a
mailing list; it can include your participation in visitor
surveys; it can include requesting information from the website
via email, mail, or courier; it may be from joining an
affiliate program or other membership organization, paid or
unpaid; it may be from ordering a product.
All newsletters or electronic magazines provided by the Site
provide double opt-in subscription options. This means that a
subscriber must confirm his or her subscription. A subscriber
can "unsubscribe" from newsletters from the Site by clicking a
link furnished within each newsletter.
COMMENTS
Comments are welcome, but may be edited. The Site does not and
cannot take responsibility for the opinions or information
offered in comments; however, by submitting a comment on the
Site, you grant this site a perpetual license to reproduce your
words and name/web site in attribution.
ONLINE ORDERING
NO DIRECT ONLINE ORDERING IS PRESENTED ON THIS WEB SITE. Any
orders for products or purchases appearing on this Site are
conducted by third party websites under and affiliate or other
arrangement and this Site takes no responsibility or liablity
for the payment practices of those web sites.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so
under two conditions: one, they give their permission for
contact by the website; two, they are subject to any
‘submission' provisions of the Terms of Use, Purchase
Agreement, or this Privacy Policy. While your email address may
or may not be used to solicit you, it is added to the website's
general solicitation database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if
you communicate with the site by phone or mail, the website
collects information about your communication and by
communicating with the site you give your permission to
collect, archive, retrieve, and otherwise use any information
collected as the site sees fit. Any communication which, in its
sole discretion, the site deems to be a testimonial, may be
publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH
BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked
advertising, appearing on this website must assume that
information is being collected about them. This site is not
responsible for the use of information collected in such a
fashion. Visitors must assume that (1) information will be
collected, (2) that ‘cookies' will usually be placed on their
hard drive, (3) that website does not have any control over
what happens with this information, (4) that website takes no
responsibility over the accuracy or content of advertisers, (5)
that website is not responsible for downloads from third party
advertisers that contain viruses or worms or other computer
code that causes their computer or software harm, and (6) that
website assumes no responsibility for the data that is garnered
from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR,
SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that
any information provided to the website as part of a survey in
which you participate may be used for general solicitation for
commercial purposes and that such information will be shared
with joint venture partners, affiliates, marketing organization
or used by the site itself for product design or solicitation
purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND
‘COOKIES'
Many websites, including this one, collect information about
your computer, your email address, your IP address. You must
assume that your web-viewing or web-use activity is monitored,
tracked, and information collected. This information is not
usually of a personal nature, but it may help define your
viewing habits and product preferences even though the website
may or may not have any idea who you are.
"Cookies" is web jargon for bits of computer code placed on
your hard drive. Websites use this to keep you ‘logged in', to
keep track of search criteria, to monitor use, to password
protect use of the site or use of products sold by the site.
Cookies can also be used to obtain information about your
computer configuration or your use of your computer. Cookies
can be used to electronically gather information about you.
Again, it may or may not be personal information, but it is
information and by using this site you are expressly giving
permission to use ‘cookies' and to use the information gathered
from their use to benefit you. You also give permission to
collect, archive, retrieve, and use any information collected
for product design, product offers to you, and general
commercial solicitation purposes by this site or joint venture
partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how
information that is collected is customarily used by this site.
While actual use of any information collected may be used quite
conservatively, you must assume that it is not. You must assume
that information collected is shared with other persons or
entities for commercial purposes. While this is uncommon in
practice, you must assume that it is as you make your decision
whether or not to view or interact with this website. This type
of shared information may include your name, address, phone
number, email address and buying habits, as well as other
information. This information may be used for general
commercial solicitation by this website or other persons it is
sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not
usually known to the website. However, in the event that it is
made known, that information is never revealed to anyone except
to processing authorities or law enforcement agencies. However,
the provider of such information gives express permission to
use it in fraud investigation or for litigation.
A NOTE ABOUT SPAM
By providing to this website information that forms the basis
of communication with you, such as an email address, you waive
all rights to file complaints concerning unsolicited email or
spam from this website since, by providing such information,
you agree to receive communication from us or other marketing
organizations. However, all email communication with you shall
contain an ‘unsubscribe' link where you may notify the website
that you no longer wish to receive solicitations or information
from the website and your name will be removed from the general
solicitation database.
DATA SECURITY
This website takes measures to protect its data that contains
information related to you. However, as a consideration for
viewing this site or interacting with this site in any manner,
you waive all claims of any nature against this site concerning
the loss, alteration, or misuse of information. You must assume
that it is possible for your personal data to be obtained by
others, such as "hackers," and used in an inappropriate manner
that may cause you harm and that you agree that the site is not
responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF
INCIDENTS
You may direct questions, comments or reports to:
Organic Promotions
Post Office Box 2531
Pinetop, Arizona 85935
SiteManager @ CelluliteIs.com
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