Viver Health LLC
Terms and Conditions of Use
Welcome to the viverhealth.com website (“Website”). By using the Website and any Viver®, as defined below, product or service (collectively “Viver® Product and Services”), You agree to these Terms and Conditions of Use (“Terms”). Please read them carefully. Your use of this Website constitutes Your agreement to these Terms. If You do not agree to these Terms, you are not permitted to access or use this Website and must promptly exit this website.
MODIFICATIONS TO TERMS
Viver® reserves the right to modify or amend these Terms at any time. All changes shall be effective immediately upon their posting and Your continued use of the Website.
When You use Website, or send e-mails to us, You are communicating with us electronically and consenting to receive communications from Viver 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 the Website or Viver® Product and Services, specifically including but not limited to Viver® Pocket Health Guides (on any topic) (collectively, the “Guides”) 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. Viver®, Viver Health®, Viver, Take Charge of Your Health® and the Viver logo are protected by United States and international trademark laws. The misuse of any of these trademarks or other Content is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright or trademark of Viver® or any third party.
LICENSE AND ACCESS
Subject to Your compliance with these Terms and Your payment of any applicable costs, Viver® grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Viver® Guides You have purchased and to make personal and non-commercial use of them. This license does not include any resale or commercial use of this website or its contents, any other Viver® product, including, but not limited to, the Viver® Guides or its contents. This website and its contents, Viver® products, including, but not limited to, the Viver® Guides and their contents, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Viver Health, LLC.
All rights not expressly granted to You in these Terms are reserved and retained by Viver Health, LLC.
You may not use Website or its contents for any purpose prohibited or restricted by law or in any manner that violates these Terms. The license granted to You by Viver® shall terminate immediately if You violate these Terms or any and all applicable laws.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to viverhealth.com may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively “Content”). Notwithstanding the foregoing, You shall not: (a) post Content that is 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 or harmful code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," (b) use a false e-mail address or identity, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Viver® may from time to time monitor, review and, in its sole discretion, modify or delete any postings You make on this Website; however, Viver® is not obligated to do so. Viver® does not monitor or regularly review Content on the Website.
Except as expressly set forth on this Website, if You post Content or submit material to Viver®, You are giving that information to Viver® free of charge and such information shall be deemed to be non-confidential and Viver® shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without Your consent or any compensation to You or anyone else. Viver® shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. You grant Viver® and its sublicensees the right, but not the obligation, to use Your name or the name that You submit in connection with such Content. You represent and warrant that the Content and all of the rights in and to the Content: (i) are owned or otherwise controlled by You; (ii) is accurate; (iii) does not violate this policy or any third party rights; and (iv) shall not cause injury to any person, entity or property.
SALES FINAL and SHIPPING
All sales are final. All shipping charges shall 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
VIVER IS NOT A HEALTH CARE PROVIDER, PROFESSIONAL OR ORGANIZATION. THE CONTENT ON THE WEBSITE AND THE VIVER® PRODUCT AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOTWITHSTANDING THE FOREGOING, VIVER® MAY FROM TIME TO TIME PROVIDE ADVICE AND COMMENTS AS TO HEALTH AND WELLNESS ISSUES ON ITS WEBSITE OR THROUGH E-MAILS AND OTHER MEDIA, INCLUDING TEXT, GRAPHICS, AND IMAGES. UNLESS OTHERWISE SPECIFIED IN WRITING, VIVER® MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR THE VIVER® PRODUCT AND SERVICES, INCLUDING THE GUIDES, WILL PREVENT OR CURE ANY DISEASE.
ALWAYS SEEK THE ADVICE OF A HEALTH CARE PROVIDER, PROFESSIONAL OR ORGANIZATION WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR IN THE VIVER® PRODUCT AND SERVICES. YOU ACKNOWLEDGE THAT VIVER HEALTH, LLC, AND ITS AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS, OR REPRESENTATIVES (collectively VIVER®) HAS NO KNOWLEDGE OF ANY USER'S HEALTH CONDITION(S) AND THAT YOU ALONE ARE RESPONSIBLE FOR ANY ACTIONS YOU TAKE THAT MAY POSE OR HAVE ANY HEALTH OR OTHER RISKS TO YOU.
USER USE OF WEBSITE
THE WEBSITE AND THE VIVER® PRODUCT AND SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS.
VIVER®, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, VIVER® MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE VIVER® PRODUCT AND SERVICES PROVIDED ON OR THROUGH THE USE OF THIS WEBSITE OR ANY SITE OR SITES "LINKED" TO THIS SITE. VIVER® MAKES NO WARRANTY THAT THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIVER® SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND THE VIVER® PRODUCT AND SERVICES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIVER® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE WEBSITE AND THE VIVER® PRODUCT AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (i) YOUR USE OF THE WEBSITE AND THE VIVER® PRODUCT AND SERVICES AND ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND (ii) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
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.
VIVER® DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS, SERVICES, PROCEDURES OR OPINIONS THAT MAY BE MENTIONED ON ITS SITE.
CONSUMER ADVISORY REQUIREMENT
PLEASE BE ADVISED CONSUMING RAW, UNDERCOOKED MEAT, POULTRY, SEAFOOD, SHELLFISH OR EGGS MAY INCREASE YOUR RISK OF FOOD BORNE ILLNESSES, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. NATURALLY, THOROUGHLY COOKING MEATS, POULTRY, SEAFOOD, SHELLFISH OR EGGS REDUCES THE RISK OF FOOD BORNE ILLNESSES.
You agree to indemnify and hold harmless Viver® from and against any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from: (i) Your improper use of the Website or the Viver® Product and Services, (ii) Your violation of these Terms, or (iii) Your infringement, or the infringement or use by any other user of Your account, of any intellectual property or other right of any person or entity.
Viver® may provide links to other third-party websites that are independent from Viver®. Viver® is not responsible for, and has no control over, the content, practices, or standards of the third-party websites. Inclusion of any third-party link does not imply a recommendation or endorsement by Viver®. Viver® is not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party websites, websites framed within this Website, or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third-party websites is at Your own risk and subject to the terms and conditions of use for such sites.
Any dispute arising in connection with your use of this Website or any Viver® Product and Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Any dispute arising from a transaction with Website 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 parties agree that such dispute shall be resolved exclusively by binding arbitration before a single arbitrator in Somerset , 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 Morris County, New Jersey.
If a court deems any provision of these Terms unenforceable or invalid, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Viver® Health, LLC.
P.O. Box 2087
Morristown, NJ 07962-2087