IMPORTANT - READ CAREFULLY.† These terms and conditions are a legal contract between you ("Distributor") and Academy of Vibrant Health, LLC, a California limited liability corporation ("Dr. Jís"), for the advertisement, sale and distribution of Dr. Jís products.
No Agency The relationship of Dr. Jís and Distributor as set forth by these terms and conditions is that of independent contractors, and neither party is an employee, agent, partner or joint venturer of the other.† Distributor shall not be considered an agent or legal representative of Dr. Jís for any purpose, and neither Distributor nor any director, officer, agent, or employee of Distributor shall be, or be considered, an agent or employee of Dr. Jís.† Distributor is not granted and shall not exercise the right or authority to assume or create any obligation or responsibility on behalf of or in the name of Dr. Jís.† All sales and other agreements between Distributor and its customers are Distributor's sole responsibility and will have no effect on Dr. Jís's obligations under this Agreement.
License of Dr. Jís Marks Subject to the terms and conditions herein, Dr. Jís grants to Distributor a non-transferable, revocable license, without right of sublicense, to use the Dr. Jís marks, including any patents, trademarks, trade names or copyrights in the Dr. Jís products or the product lines that include the products, in Distributor's territory solely in connection with the advertisement, sale and distribution of the Dr. Jís products.† Distributor shall not use the Dr. Jís marks except as expressly permitted herein.
Restrictions on Use of Marks Nothing contained herein shall grant or shall be deemed to grant to Distributor any right, title or interest in or to the Dr. Jís marks.† All uses of the Dr. Jís marks shall inure solely to the benefit of Dr. Jís, and Distributor shall obtain no rights with respect to any of the Dr. Jís marks, other than the right to distribute products as set forth herein, and Distributor hereby irrevocably assigns to Dr. Jís all right, title and interest held by Distributor, if any, in or to any of the Dr. Jís marks.† At no time during or after the term of the parties' business relationship shall Distributor challenge or assist others in challenging the Dr. Jís marks (except to the extent expressly entitled by applicable law) or the registration thereof or attempt to register any trademarks, servicemarks, marks or trade names confusingly similar to the Dr. Jís marks.† Upon any termination or expiration of the parties' business relationship or upon written notice by Dr. Jís, Distributor shall immediately cease to use any and all of the Dr. Jís marks as authorized herein.
Infringement Distributor shall promptly notify Dr. Jís of any actual or suspected infringements, imitations, or unauthorized use of the Dr. Jís marks by third parties of which Distributor becomes aware.† Dr. Jís shall have the sole right, at its expense, to bring any action on account of any such infringements, imitations or unauthorized use, and Distributor shall cooperate with Dr. Jís, as Dr. Jís may reasonably request, in connection with any such action brought by Dr. Jís.† Dr. Jís shall retain any and all damages, settlement and/or compensation paid in connection with any such action brought by Dr. Jís.
Indemnification Distributor agrees to indemnify and hold Dr. Jís, its officers, directors, employees, successors, and assigns harmless from and against any and all losses, damages or expenses of whatever form or nature, including attorneys' fees and other costs of legal defense, whether direct or indirect, that they, or any of them, may sustain or incur as a result of any acts or omissions of Distributor or any of its directors, officers, employees, or agents, including but not limited to (i) breach of any of these terms and conditions herein, (ii) negligence or other tortious conduct, (iii) representations or statements not specifically authorized by Dr. Jís in writing or not expressly provided on the Dr. Jís website, www.drjsbest.com, or (iv) violation by Distributor (or any of its directors, officers, employees, or agents) of any applicable law, regulation, or order in or of Distributor's territory or the United States, including, but not limited to, any law regulating the transmission of unsolicited commercial email (ďspamĒ).
Representations and Warranties Each party represents and warrants to the other party that such party has the full corporate right, power and authority to enter into this agreement and to perform the acts required of it hereunder; and the performance by any such party of its obligations and duties hereunder do not and will not violate any agreement to which such party is a party or by which it is otherwise bound; and this agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. ďEXCEPT FOR THE FOREGOING WARRANTY, DR. JíS PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DR. JíS OR ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING WARRANTY. DR. JíS WILL NOT BE LIABLE TO DISTRIBUTOR FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The provisions of this section shall survive the termination or expiration of this Agreement.Ē
Sales and Distribution Prices do not include and are net of any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale, licensing, marketing or distribution of the products. Distributor understands and acknowledges that all sales are final and that they are not entitled to return any product for a full or partial refund. Once orders are forwarded to Dr. Jís, Distributor agrees to pay Dr. Jís for all amounts due in full.† Dr. Jís, Inc will not be responsible for any delays or lack of delivery due to customs clearance issues. ďDr. Jís will not be liable for any sales and related tax liability, if any, associated with the sale of its products to customers hereunder.Ē
Governing Law and Venue This terms and conditions shall be governed by and construed under the laws of the State of California, United States of America.† The parties consent to the personal jurisdiction of, and venue in, the Central District of the State of California, United States of America.
Privacy Statement This Privacy Statement is effective for all users of Academy of Vibrant Health (Dr. Jís or our) while on our website www.drjsbest.com (Site) and pertains to all Customers, Affiliates, Wholesalers, Drop Shippers, Newsletter Subscribers, and Online Users (Users). The purpose of this Privacy Statement is to provide you with Dr. Jís's information collection practices (including the information Dr. Jís collects, how it is collected, and the circumstances under which the information is disclosed. The following discloses the privacy practices for www.drjsbest.com.
This Privacy Statement is Effective as of 01/15/2009 (January 15th, 2009).
We may also be reached at the contact information on our contact us page.
Information Collection Dr. Jís is the sole owner of the information collected on this site. Dr. Jís will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
Anonymous Information You can visit the Site to read information about our company, products, and services without telling us who you are and without revealing any personal information. To improve the usefulness of our site, Dr. Jís measures and analyzes non-identifying, aggregate usage, and volume statistical information from Users in order to administer our Site, and to constantly improve the quality of our service and site performance. Information gathered may include, but is not limited to, the following: the activity of the Site Users browser when the User is viewing the Site; the site path of User; User's IP address and hostname; and the time Users come to the Site. Please note that this is not personal information and cannot be used by the Site to identify the individual the information was collected from.
Registration To use most areas of this web site, a User must first complete the registration form. During registration within our Product Purchasing or Wholesaler Submission, a User is required to provide contact information (including name,email address, company, address, phone number, and in some instances Tax ID number or Social Security number) in order to create an account. This information is used to contact the User about the services on our site for which they have expressed interest.
Order Dr. Jís requests information from the User on an order form. The information that is collected to process the order may include contact information (name, shipping address, telephone number, fax number and/or email address) and financial information (credit card number, name on account, expiration date). This information is used for billing purposes and to fill customers orders. This contact information is used to contact the User. See Service Providers to learn about how we share this information with trusted third parties.
Newsletter A User may subscribe to our newsletter at this page, or while creating an account for our online store. If a User wishes to subscribe to our newsletter, we ask for contact information such as name and email address. .If you elected to be added to the newsletter, you will be sent a confirmation signup email that will require you to reply to the message in order to be added to the newsletter. If you wish to be removed from the newsletter at any time, please go to this page: UNSUBSCRIBE.
Surveys & Contests From time-to-time Dr. Jís requests information from Users via surveys or contests. Participation in these surveys or contests is completely voluntary and the User therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Tell-a-friend If a User elects to use the Dr. Jís referral service for informing a friend about our site, Dr. Jís asks for the friends name and email address. Dr. Jís will automatically send the friend a one-time email inviting them to visit the site. Dr. Jís stores this information for the sole purpose of sending this one-time email. The friend may contact Dr. Jís at firstname.lastname@example.org to request the removal of this information from their database.
Testimonials Dr. Jís may provide an audio testimonial service for Users wishing to inform Dr. Jís about their experiences and results while using our products. Dr. Jís reviews and transcribes the testimonials. At Dr. Jís's discretion testimonials may be chosen for inclusion on Our Site. Dr. Jís requires Users of the Testimonial service to provide contact and demographic information. Participation in this service is completely voluntary and the User therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). This information will be used to request the permission of the User to include their testimonial on our Site.
Log Files Dr. Jís uses IP addresses to analyze trends, administer the site, track users movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Dr. Jís uses several credit card processing companies and banks to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes Incuding their own marketing purposes.
Dr. Jís may partner with another party to provide specific services including but not limited to product delivery , email marketing, and audio testimonial recording . When the user signs up for these services, Dr. Jís may share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. Users wishing to opt-out of this sharing may email email@example.com.
Dr. Jís may release personally identifiable information when Dr. Jís believes, in good faith, that such release is reasonably necessary to comply with law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website. In addition, we may release personally identifiable information to prevent fraud, enforce or apply the terms of any of our user agreements or to otherwise protect the rights, property and safety of Dr. Jís, and our customers or other third parties.
Billing Dr. Jís uses third parties to provide credit card processing on our site. When you order products on our site , we will share your credit card information and personally identifiable information as necessary for the third party to provide that service.
Delivery Service Providers Dr. Jís uses third parties to provide product delivery services for our site. When you order products on our site, we will share your personally identifiable information as necessary for the third party to provide that service.
Email Marketing Dr. Jís uses third parties to provide newsletter list management and newsletter delivery services on our site. When you subscribe to our newsletter, we will share your contact information as necessary for the third party to provide that service.
Audio Testimonials Dr. Jís uses third parties to provide the audio testimonial service. When you record an audio testimonial, we will share your contact information as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose including marketing.
Communications From The Site Dr. Jís will send Users only service-related announcements from time to time through the general operation of the Site. For instance, if you register for an account or place an order, you may receive an email alerting you to that fact or an email requiring you to verify the account registration. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account or not place an order.
Links This web site contains links to other sites. Please be aware that Dr. Jís is not responsible for the privacy practices of such other sites. Dr. Jís encourages its Users to be aware when they leave the Dr. Jís site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Security This web site takes every precaution to protect Users information. When users submit sensitive information via the website, the information is protected both online and off-Line. When the Dr. Jís registration/order form asks users to enter sensitive information (such as credit card number,Tax ID and/or social security number), that information is encrypted and is protected with encryption software.
While on a secure page, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when a User is surfing. While Dr. Jís uses encryption to protect sensitive information online, Dr. Jís also uses its best efforts to protect user-information off-line. User information, not just the sensitive information mentioned above, is restricted in Dr. Jís offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about the security at Dr. Jís, you can send an email to firstname.lastname@example.org.
Choice & Opt-Out Dr. Jís Users are given the opportunity to opt-out of having their information used for purposes not directly related to the Dr. Jís site at the point where Dr. Jís asks for information. For example, our order form has an opt-out mechanism so Users who do not wish to receive marketing material may keep their email address off of our lists. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email, using our unsubscribe form located here, or by emailing us at email@example.com.
Correcting/Updating Personal Information If a users personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member information page or by emailing Customer Support.
Contact us Attn: Customer Service Academy of Vibrant Health, LLC 541 South Spring Street, Ste. 209, Los Angeles, CA 90013 Email: firstname.lastname@example.org
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER DR. JíS HOLISTIC HEALTH CENTER, INC.íS WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM DR. JíS HOLISTIC HEALTH CENTER, INC.
This Agreement (the ďAgreementĒ) is made between Dr. Jís Holistic Health Center, Inc., a California corporation (ďDr. Jís,Ē the ďCompany,Ē ďweĒ or ďusĒ) and you.† This Agreement sets forth the legal terms and conditions for your use of this web site and any other Dr. Jís web site(s) and for your purchase and/or use of any of Dr. Jís goods or services (collectively referred to hereinafter as, ďOfferingsĒ).†
Your use of Dr. Jís web site(s), including all web pages (collectively, the ďSiteĒ) and all information, data, text, software, information, images, sounds or other materials (collectively, the ďContentĒ) contained therein, or your use or purchase of any other Offerings confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Offerings in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Offerings or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Offerings to a human-readable form. You may not transfer any portion of the Site or other Offerings to any third party.
Dr. Jís, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of Dr. Jís Holistic Health Center, Inc., or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners. † IDEA SUBMISSIONS If you submit any ideas, suggestions or testimonials to us, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit us to use such material without restriction.† You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
TESTIMONIALS The people giving product or business opportunity testimonials on our Site or other Offerings reflect the actual experience of each individual, are anecdotal only, and may be atypical.
LINKS We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources. † ERRORS Although we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at email@example.com and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns. † DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY By using the Site or other Offerings, you expressly agree that: ē The Site and other Offerings are provided on an ďas isĒ and ďas availableĒ basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as expressly noted in the section of this Agreement entitled Dr. Jís Customer Guarantee.†† ē We do not make any warranty that (i) the Site or Offerings will meet your requirements; (ii) the Site or other Offerings will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Offerings will be accurate or reliable; or (iv) any errors in the Site or other Offerings will be corrected. ē Your use of the Site or other Offerings is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions.† You should consult a professional to obtain specific advice appropriate to your circumstances.† You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Offerings.† We may not be held liable for any damages or harm attributable to viruses or other destructive materials. ē The Company must approve any additional warranties in writing. † You agree not to hold us, our officers, directors, employees, agents, designees, representatives, wholesalers, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: ē your inability to access your registration data at any time;†† ē your use or inability to use the Site or your purchase or use of other Offerings;†† ē unauthorized access to or alteration of your transmissions or data; or†† ē the acts of any third party related to the Site or other Offerings. † You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages.† Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you. † INDEMNIFICATION You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, independent Distributors and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneysí fees) or other expenses that arise directly or indirectly out of or in any way related to: ē your acts or omissions in connection with the Site or other Offerings; ē the acts or omissions of any person in connection with the Site or other Offerings using your account; ē your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account; ē breach of any provision of this Agreement;†† ē any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or†† ē violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights. † If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
TERMINATION; MODIFICATION At any time and for any reason, we may terminate your use of and access to the Site or other Offerings.† At any time and for any reason, we may modify or discontinue providing the Site or other Offerings, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or other Offerings or our termination of your access to the Site or other Offerings. † UNITED STATES LAW If you choose to access the Site or other Offerings from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departmentís list of Specially Designated Nationals or the U.S. Commerce Departmentís Table of Deny Orders.† By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.
MISCELLANEOUS The laws of the State of California apply to this Agreement (without regard to Californiaís conflict of law principles). Any dispute between you and us must be brought before state or federal courts located in Los Angeles County, California. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site or other Offerings and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement. †