Terms and Conditions
Welcome to www.avasun.com. This site is owned and operated by Ethobiotics, LLC, a California corporation. This site is for your personal use and information. Please feel free to browse the Site; however, by using the Site you agree to abide by the terms and conditions of use (“Terms and Conditions”) set forth in this notice. If you do not agree to abide by these Terms and Conditions, do not use this Site. Ethobiotics, LLC reserves the right to modify these Terms and Conditions at any time without notice. You are advised to check these Terms and Conditions from time to time for any changes or updates.
Grant of License
You are granted a non-exclusive, revocable, and limited license to access and use this Site and content in accordance with these Terms and Conditions. No additional rights are granted to you by implication, estoppel or otherwise.
Modifications to this Agreement
Ethobiotics, LLC may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Ethobiotics, LLC, by emailing firstname.lastname@example.org or mail us at Customer Service, 3108 Glendale Blvd # 482, Los Angeles CA, 90039.
Web Site Intended Audience
This Web Site is operated by Ethobiotics, LLC from its offices in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.
Not Medical or HealthCare Advice
CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.
Your Use of Content and Information — Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Web Site. Some of the Content is provided by Ethobiotics, LLC or its suppliers, and other Content is provided by persons who use the Web Site (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, social networks, or discussion forums. While Ethobiotics, LLC strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Ethobiotics, LLC cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ethobiotics, LLC or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Ethobiotics, LLC. Ethobiotics, LLC does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site.
Ethobiotics, LLC does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.
Notwithstanding the foregoing, Ethobiotics, LLC will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to Ethobiotics, LLC that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
Ethobiotics, LLC makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Ethobiotics, LLC and its affiliates a worldwide, non-exclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
- with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
- with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
Ownership and Intellectual Property Rights
This Web Site is owned by Ethobiotics, LLC. All rights to, title to, and interest in the Content available via the Web Site, the Web Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Ethobiotics, LLC or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
Ethobiotics, LLC grants you a non-exclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Ethobiotics, LLC. All rights not expressly granted in this Agreement are expressly reserved to Ethobiotics, LLC.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of www.avasun.com so long as the link does not portray www.avasun.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Ethobiotics, LLC logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to www.avasun.com in any way that suggests Ethobiotics, LLC has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Ethobiotics, LLC or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Ethobiotics, LLC or its affiliates without our prior written consent.
Your Contact With Third Party Websites
This Site may contain links to third party websites we feel may be of interest to our visitors. Although we try to choose those sites which will be helpful to you, we are not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, or any other practices and policies of such sites. Each third-party website is responsible for the correctness, completeness, and accuracy of its own website. We provide these links simply as a convenience to you. This convenience should not be considered an endorsement by us of these websites or of the companies who own them. Ethobiotics, LLC is not responsible for screening third party websites and has no liability or responsibility for performance or nonperformance of such screening. When you click on one of the provided links, you may be leaving to enter another site on the Web.
Disclaimer of Warranties With Respect to Web Site
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ETHOBIOTICS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
ETHOBIOTICS, LLC DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ETHOBIOTICS, LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
Limitations of Liability
ETHOBIOTICS, LLC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT ETHOBIOTICS, LLC, IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL ETHOBIOTICS, LLC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SMARTYPANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Ethobiotics, LLC its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.
Complaints Regarding Content
All copyright infringement and/or complaints regarding content should be directed to email@example.com.
Modification or Suspension of the Web Site
Ethobiotics, LLC may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Ethobiotics, LLC and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
This information current as of June 5, 2018
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