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Terms of Use, Privacy Policy, Security Policy, Return Policy.
Terms Of Use
AGREEMENT BETWEEN USER AND www.actioncoachmarkraciappa.com
The www.actioncoachmarkraciappa.com Web Site is comprised of various Web pages operated by www.actioncoachmarkraciappa.com.
The www.actioncoachmarkraciappa.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the www.actioncoachmarkraciappa.com Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
www.actioncoachmarkraciappa.com reserves the right to change the terms, conditions, and notices under which the www.actioncoachmarkraciappa.com Web Site is offered, including but not limited to the charges associated with the use of the www.actioncoachmarkraciappa.com Web Site.
LINKS TO THIRD PARTY SITES
The www.actioncoachmarkraciappa.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of www.actioncoachmarkraciappa.com and www.actioncoachmarkraciappa.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.actioncoachmarkraciappa.com is not responsible for webcasting or any other form of transmission received from any Linked Site. www.actioncoachmarkraciappa.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.actioncoachmarkraciappa.com of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the www.actioncoachmarkraciappa.com Web Site, you warrant to www.actioncoachmarkraciappa.com that you will not use the www.actioncoachmarkraciappa.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the www.actioncoachmarkraciappa.com Web Site in any manner which could damage, disable, overburden, or impair the www.actioncoachmarkraciappa.com Web Site or interfere with any other party's use and enjoyment of the www.actioncoachmarkraciappa.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the www.actioncoachmarkraciappa.com Web Sites.
USE OF COMMUNICATION SERVICES
The www.actioncoachmarkraciappa.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
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Violate any applicable laws or regulations.
www.actioncoachmarkraciappa.com has no obligation to monitor the Communication Services. However, www.actioncoachmarkraciappa.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. www.actioncoachmarkraciappa.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
www.actioncoachmarkraciappa.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in www.actioncoachmarkraciappa.com's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. www.actioncoachmarkraciappa.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, www.actioncoachmarkraciappa.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized www.actioncoachmarkraciappa.com spokespersons, and their views do not necessarily reflect those of www.actioncoachmarkraciappa.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO www.actioncoachmarkraciappa.com OR POSTED AT ANY www.actioncoachmarkraciappa.com WEB SITE
www.actioncoachmarkraciappa.com does not claim ownership of the materials you provide to www.actioncoachmarkraciappa.com (including feedback and suggestions) or post, upload, input or submit to any www.actioncoachmarkraciappa.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting www.actioncoachmarkraciappa.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. www.actioncoachmarkraciappa.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in www.actioncoachmarkraciappa.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE www.actioncoachmarkraciappa.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. www.actioncoachmarkraciappa.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE www.actioncoachmarkraciappa.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE www.actioncoachmarkraciappa.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
www.actioncoachmarkraciappa.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE www.actioncoachmarkraciappa.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. www.actioncoachmarkraciappa.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL www.actioncoachmarkraciappa.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE www.actioncoachmarkraciappa.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE www.actioncoachmarkraciappa.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE www.actioncoachmarkraciappa.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE www.actioncoachmarkraciappa.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF www.actioncoachmarkraciappa.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE www.actioncoachmarkraciappa.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE www.actioncoachmarkraciappa.com WEB SITE.
SERVICE CONTACT : greg@ultimatewsiwebsolutions.com
TERMINATION/ACCESS RESTRICTION
www.actioncoachmarkraciappa.com reserves the right, in its sole discretion, to terminate your access to the www.actioncoachmarkraciappa.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the www.actioncoachmarkraciappa.com Web Site. Use of the www.actioncoachmarkraciappa.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and www.actioncoachmarkraciappa.com as a result of this agreement or use of the www.actioncoachmarkraciappa.com Web Site. www.actioncoachmarkraciappa.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of www.actioncoachmarkraciappa.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.actioncoachmarkraciappa.com Web Site or information provided to or gathered by www.actioncoachmarkraciappa.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and www.actioncoachmarkraciappa.com with respect to the www.actioncoachmarkraciappa.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and www.actioncoachmarkraciappa.com with respect to the www.actioncoachmarkraciappa.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the www.actioncoachmarkraciappa.com Web Site are: Copyright 2007 by Original Baskets Boutique and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Privacy Policy
www.actioncoachmarkraciappa.com is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the www.actioncoachmarkraciappa.com Web site and governs data collection and usage. By using the www.actioncoachmarkraciappa.com website, you consent to the data practices described in this statement.
Collection of your Personal Information
www.actioncoachmarkraciappa.com collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. www.actioncoachmarkraciappa.com also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by www.actioncoachmarkraciappa.com. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by www.actioncoachmarkraciappa.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the www.actioncoachmarkraciappa.com Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through www.actioncoachmarkraciappa.com public message boards, this information may be collected and used by others. Note: www.actioncoachmarkraciappa.com does not read any of your private online communications.
www.actioncoachmarkraciappa.com encourages you to review the privacy statements of Web sites you choose to link to from www.actioncoachmarkraciappa.com so that you can understand how those Web sites collect, use and share your information. www.actioncoachmarkraciappa.com is not responsible for the privacy statements or other content on Web sites outside of the www.actioncoachmarkraciappa.com and www.actioncoachmarkraciappa.com family of Web sites.
Use of your Personal Information
www.actioncoachmarkraciappa.com collects and uses your personal information to operate the www.actioncoachmarkraciappa.com Web site and deliver the services you have requested. www.actioncoachmarkraciappa.com also uses your personally identifiable information to inform you of other products or services available from www.actioncoachmarkraciappa.com and its affiliates. www.actioncoachmarkraciappa.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
www.actioncoachmarkraciappa.com does not sell, rent or lease its customer lists to third parties. www.actioncoachmarkraciappa.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, www.actioncoachmarkraciappa.com may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to www.actioncoachmarkraciappa.com, and they are required to maintain the confidentiality of your information.
www.actioncoachmarkraciappa.com does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
www.actioncoachmarkraciappa.com keeps track of the Web sites and pages our customers visit within www.actioncoachmarkraciappa.com, in order to determine what www.actioncoachmarkraciappa.com services are the most popular. This data is used to deliver customized content and advertising within www.actioncoachmarkraciappa.com to customers whose behavior indicates that they are interested in a particular subject area.
www.actioncoachmarkraciappa.com Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on www.actioncoachmarkraciappa.com or the site; (b) protect and defend the rights or property of www.actioncoachmarkraciappa.com; and, (c) act under exigent circumstances to protect the personal safety of users of www.actioncoachmarkraciappa.com, or the public.
Use of Cookies
The www.actioncoachmarkraciappa.com Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize www.actioncoachmarkraciappa.com pages, or register with www.actioncoachmarkraciappa.com site or services, a cookie helps www.actioncoachmarkraciappa.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same www.actioncoachmarkraciappa.com Web site, the information you previously provided can be retrieved, so you can easily use the www.actioncoachmarkraciappa.com features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the www.actioncoachmarkraciappa.com services or Web sites you visit.
Security of your Personal Information
www.actioncoachmarkraciappa.com secures your personal information from unauthorized access, use or disclosure. www.actioncoachmarkraciappa.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
www.actioncoachmarkraciappa.com will occasionally update this Statement of Privacy to reflect company and customer feedback. www.actioncoachmarkraciappa.com encourages you to periodically review this Statement to be informed of how www.actioncoachmarkraciappa.com is protecting your information.
Contact Information
www.actioncoachmarkraciappa.com welcomes your comments regarding this Statement of Privacy. If you believe that www.actioncoachmarkraciappa.com has not adhered to this Statement, please contact markraciappa@actioncoach.com at www.actioncoachmarkraciappa.com. We will use commercially reasonable efforts to promptly determine and remedy the problem
We warrant that any products shipped to you will be in new condition. Any products received damaged will be replaced or refunded at no charge. Registration fees are only refunded 5 days prior to set date and time. We require a written confirmation to cancel any such seminars.
Security Www.actioncoachmarkraciappa.com, ("Www.actioncoachmarkraciappa.com" or "we") and each user ("you" or "user") governing the use by you of this site. Please read this agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use agreement. If you do not agree to the terms and conditions contained in this Terms of Use agreement, you may not access or otherwise use this site. Copyright and Trademarks All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Www.actioncoachmarkraciappa.com or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright Policy Terms Of Use Agreement This Terms of Use agreement sets forth the agreement between owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Www.actioncoachmarkraciappa.com or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Vitamin Source Direct, is strictly prohibited. Www.actioncoachmarkraciappa.com and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Www.actioncoachmarkraciappa.com or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners. Review of Materials Posted on or Submitted to Site Www.actioncoachmarkraciappa.com is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the site. Www.actioncoachmarkraciappa.com does not and cannot monitor all information or materials, submitted to or transmitted through the site. However, Www.actioncoachmarkraciappa.com reserves the right to delete, block and remove any information or materials that Www.actioncoachmarkraciappa.com, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Vitamin Source Direct. If notified of any such information or materials on the site, Www.actioncoachmarkraciappa.com may determine in its sole discretion whether to remove such content from the site. User Submissions Any suggestions, ideas, comments or other similar submissions by users shall be deemed the sole property of Www.actioncoachmarkraciappa.com, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant Www.actioncoachmarkraciappa.com a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against Www.actioncoachmarkraciappa.com for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions. No Warranty; Disclaimer Www.actioncoachmarkraciappa.com is providing this site and its contents on an "as is" basis. Www.actioncoachmarkraciappa.com and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. Www.actioncoachmarkraciappa.com and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Www.actioncoachmarkraciappa.com and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Www.actioncoachmarkraciappa.com or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional. Unless otherwise indicated on this site, Www.actioncoachmarkraciappa.com does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. Www.actioncoachmarkraciappa.com is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Www.actioncoachmarkraciappa.com expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site. Availability to information on this site is subject to change without notice. Limitation of Liability Www.actioncoachmarkraciappa.com and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Www.actioncoachmarkraciappa.com and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of Www.actioncoachmarkraciappa.com and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Www.actioncoachmarkraciappa.com on this site. You agree to indemnify, defend and hold harmless Www.actioncoachmarkraciappa.com and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site. All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions. Privacy and Child Protection Www.actioncoachmarkraciappa.com respects the privacy of its users in accordance with the terms of Vitamin Source Direct's Privacy and Child Protection Policy. Www.actioncoachmarkraciappa.com reserves the right to monitor the site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent Vitamin Source Direct, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Www.actioncoachmarkraciappa.com or its affiliates. Your Usage of Site; Termination of Usage You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Www.actioncoachmarkraciappa.com. You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon. You further agree that you will not access by any means except through the interface provided by Www.actioncoachmarkraciappa.com for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Www.actioncoachmarkraciappa.com and its affiliates, are responsible for compliance with applicable local laws. You agree that Www.actioncoachmarkraciappa.com may terminate or suspend your access to all or part of this site, without notice, for any conduct that Www.actioncoachmarkraciappa.com, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Www.actioncoachmarkraciappa.com or its affiliates. Usage by Minors Because of the nature of the World Wide Web, Www.actioncoachmarkraciappa.com cannot prohibit minors from visiting this site. Www.actioncoachmarkraciappa.com must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Www.actioncoachmarkraciappa.com requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to Www.actioncoachmarkraciappa.com be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent as further set forth in our Privacy and Child Protection Policy. Applicable Law; Jurisdiction This agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Florida and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Salt Lake City. Utah. Www.actioncoachmarkraciappa.com strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad. Severability; Interpretation If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation." Entire Agreement; Amendments This agreement constitutes the entire and only agreement between Www.actioncoachmarkraciappa.com and each user of this site with respect to the subject matter of this agreement and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. Www.actioncoachmarkraciappa.com may, in its sole discretion, amend this Terms of Use agreement from time to time. Miscellaneous The failure of Www.actioncoachmarkraciappa.com or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of Www.actioncoachmarkraciappa.com and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
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