| |
This Agreement (the "Agreement") governs the XtremeFormulaVitamins.com
products and services that are described below and that you
selected to purchase or signup for within the registration
pages. As used in this Agreement, the terms "we"
and "our" shall refer to XtremeFormulaVitamins.com.
By clicking through the pages with XtremeFormulaVitamins.com.com
and its affiliate sites, you agree that you will be bound
by this Agreement.
1. Definitions.
"Content" shall mean: (a) any content you provide
to XtremeFormulaVitamins.com in connection with the our products
and services offered, including, but not limited to, images,
text, graphics, photographs, links, animation, audio works,
and audiovisual works, and (b) any content, including, but
not limited to, images, text, graphics, photographs, links,
animation, audio works, and audiovisual works, on your Web
Site. "XtremeFormulaVitamins.com" shall mean XtremeFormulaVitamins.com.com,
its parent, affiliates, subsidiaries, and any successors and
assigns. "XtremeFormulaVitamins.com Network" shall
mean all sites owned or controlled by XtremeFormulaVitamins.com
or its wholly-owned subsidiaries. A partial list of the network
sites can be viewed at the following url: "Subscription"
shall mean your commitment to signup for, or purchase a product
or service from XtremeFormulaVitamins.com. "Third Party
Provider(s)" shall mean third parties that provide services
in connection with the XtremeFormulaVitamins.com products
and services offered on the site. "Third Party Catalogs"
shall mean search indexes owned or operated by third parties
in which You wish to include Your Web Site and inclusion in
which XtremeFormulaVitamins.com may provide. "Web Site"
shall mean the URL(s) and associated pages submitted by you
during the registration process.
2. XtremeFormulaVitamins.com Products
and Services Description.
2.1 Subject to the terms and conditions of
this Agreement, XtremeFormulaVitamins.com will provide the
products and services through which you may purchase human
pheromone products, affiliate subscriptions and/or newsletter
and contest drawings.
2.2 XtremeFormulaVitamins.com
reserves the right to modify the XtremeFormulaVitamins.com
products and services at any time. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT XTREMEFORMULAVITAMINS.COM
MAY CHANGE THE FEATURES OF PARTICULAR SERVICES PACKAGES FROM
TIME TO TIME. We will notify you of any material change to
the XtremeFormulaVitamins.com products and services in accordance
with this Agreement. If you are dissatisfied with any modification
to XtremeFormulaVitamins.com products and/or services, your
sole remedy will be to terminate your relations with XtremeFormulaVitamins.com
in the manner described in this Agreement.
2.3 Below is a non-exhaustive
list of reasons why your Affiliate Subscription or Web Site
may be terminated. If your Web Site contains Content or pages
that, or you solicit email that contain the following your
subscription will be terminated:
- Violate the Submission Guidelines;
- Constitute "spam" or attempt to deliberately
interfere with relevancy algorithms;
- Are not accessible by our spiders because of passwords
or other protective technology;
- Contain symbols in the URLs;
- Are not easily read, either because it is too small or
is obscured by the background of the page;
- Contains java-enabled pages or Content, and/or Iframes;
- Are off-topic or include excessive keywords;
- Are machine-generated pages with minimal or no Content,
are intended to induce a user to click to another page,
or contain only links to other pages;
- Are "under construction" or include pages or
links that are not functioning;
- Contain Content, links, products, services or other information
that are illegal;
- Contain Content, links, products, services or other information
that XtremeFormulaVitamins.com, in its sole discretion,
believes is inflammatory, offensive, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity
rights, hateful, or racially, sexually, ethnically or otherwise
objectionable;
- Contain Content, links, products, services or other information
that infringes on any rights of any third party or XtremeFormulaVitamins.com,
including, but not limited to, intellectual property rights,
or regarding which XtremeFormulaVitamins.com receives a
notice of an act of copyright infringement in compliance
with the notice requirements of the Digital Millennium Copyright
Act of 1998; and
- Contain Content or links regarding which XtremeFormulaVitamins.com
receives a court order or other judicial or governmental
request or action, or other legal process.
3. General Payment Terms
3.1 You agree to pay for the products on
time and in full at the point of purchase via major credit
card or PayPal service.
3.2 You agree that the credit card information
you provide corresponds to an account that you are authorized
to use.
3.3 You acknowledge that if you purchase
products and services from XtremeFormulaVitamins.com you are
bound to our return policy and agree to its terms.
4. Changes.
You agree that XtremeFormulaVitamins.com has the right to
modify this Agreement at any time with prior notice.
5. Force Majeure.
In the event that XtremeFormulaVitamins.com is prevented from
performing, or is unable to perform, any of its obligations
under this Agreement due to any cause beyond its reasonable
control, including, without limitation, Internet failures,
computer equipment failures, telecommunications equipment
failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions,
acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals, non-performance of third parties,
or loss or fluctuations in heat, light, or air conditioning,
then XtremeFormulaVitamins.com's performance shall be excused
and the time for performance shall be extended for the period
of delay or inability to perform due to such occurrence.
6. Relationship of Parties.
XtremeFormulaVitamins.com and its users are independent contractors,
and nothing herein shall be construed to create a partnership,
joint venture, agency, or employment relationship. Neither
party pursuant to this Agreement has authority to enter into
agreements of any kind on behalf of the other, and neither
party shall be considered the agent of the other.
7. Entire Agreement.
This Agreement sets forth the entire agreement and understanding
between the parties as to the subject matter contained in
these terms and conditions and merges all prior discussions
between them, and neither of the parties shall be bound by
any conditions, definitions, warranties, understandings or
representations with respect to such subject matter other
than as expressly provided herein.
8. Legal Notices.
All legal notices or communications pursuant to this Agreement
shall be deemed delivered upon receipt by the party to whom
such communication is directed, at the following addresses:
(a) if to XtremeFormulaVitamins.com, such notices shall be
addressed to Phoenix Health Products, 63 Portal St. Oak View,
CA 93022 and (b) if to user, such notices shall be addressed
to the electronic mail address provided by user upon registration.
It shall be the user's sole obligation to maintain a current
electronic mail address in his or her registration information.
In the event that the user fails to supply an accurate working
electronic mail address or fails to update such information
after changing electronic mail addresses, all notices to the
user shall be deemed to have been received within one (1)
day after transmission or attempted transmission to the address
supplied by the user.
9. Parental Controls.
Certain material available on the Internet is not appropriate
for minors. To prevent or limit your children's access to
such material, a number of parental control protections (such
as computer hardware, software, and filtering services) are
commercially available.
10. Press Releases.
Any and all press releases and other public announcements
related to XtremeFormulaVitamins.com or use of the XtremeFormulaVitamins.com's
product or services must be approved in advance by XtremeFormulaVitamins.com
in writing. XtremeFormulaVitamins.com reserves the right,
in its sole discretion, to withhold approval of any public
announcement.
Version 1.0
Last Updated: November 2004
|
|