Viver Health Terms and Conditions of Use
Welcome to viverhealth.com (“Viver”). Viver and Viver, Take Charge of Your Health are trademarks of Viver Health, LLC. By using Viver products or services, you agree to these terms and conditions. Please read them carefully.
When you use viverhealth.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT and TRADEMARK
All content included in or made available or sold through viverhealth.com, specifically including but not limited to Viver Pocket Health Guides (on any topic) as well as such text, graphics, logos, images, video and audio clips, and digital downloads, are the property of Viver Health, LLC and protected by United States and international copyright laws. The Viver logo, Viver, Take Charge of Your Health, and the design that is part of it are protected by United States and international trademark laws, and they may not be used in connection with any product or service that is not Viver’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Viver.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable costs, Viver grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Guides you have purchased and make personal and non-commercial use of them. This license does not include any resale or commercial use of any Viver product, or its contents. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Viver. No Viver product may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Viver Health, LLC.. You may not misuse viverhealth.com. You may use the viverhealth.com and its content only as permitted by law. The licenses granted by Viver terminate if you do not comply with these Terms and Conditions.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to viverhealth.commay post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Viver Health, LLC reserves the editorial right (but not the obligation) to remove or edit any content, in the interest of maintaining the professional and educational look and feel of the site, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Viver Health, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Viver Health, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Viver Health, LLC for all claims resulting from content you supply. Viver Health, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
SALES FINAL and SHIPPING
All sales are final. All shipping charges will be paid by the purchaser and added to the purchase price. Orders will be processed upon purchase, and delivery can be expected within seven (7) to ten (10) days.
We generally do not charge your credit card until after your order has been placed or, for digital products, until we make the digital product available to you.
If your order arrives damaged, upon reasonable proof of same, we will replace the damaged items at no additional cost to you. Damaged items must be returned so a claim can be filed with the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRODUCTS MADE AVAILABLE TO YOU THROUGH VIVERHEALTH.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVER HEALTH, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE SPECIFIED IN WRITING, VIVER HEALTH, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION IN ITS GUIDES OR ON VIVERHEALTH.COM WILL PREVENT OR CURE ANY DISEASE, BUT RATHER ARE INTENDED TO PROVIDE GUIDELINES FOR HEALTHY LIVING AND DETAILED NUTRITION INFORMATION THAT MAY REDUCE THE RISK OF CERTAIN DISEASES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute arising from a transaction with viverhealth.com shall first be addressed by the parties through mutually agreed to informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the dispute shall be settled by binding arbitration before a single arbitrator in Princeton, New Jersey, in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Mercer County, New Jersey.
By using viverhealth.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Viver Health, LLC.
Viver Health, LLC.
P.O. Box 2087
Morristown, NJ 07962-2087