PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW.
Your use of www.elewanatural.com, its related pages and links, and any and all content or information provided theren (the “Website”) is your acknowledgement that you understand, and agree to be bound by, the terms set forth herein. The owners of this Website reserve the right to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use, from time to time, for any reason and without otherwise providing notice, and your continued use of the website thereafter will constitute agreement with any such modifications.
Intellectual Property
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Website Content) and all intellectual property rights to the same are owned by The Body Contour Company LLC, d/b/a www.elewanatural.com, our licensors, or both (hereinafter “Elewanatural”). Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
Website Access and Use
Elewanatural grants users a non-exclusive, nontransferable limited license to use the Wesbite in the manner, and subject to the terms and conditions specified herein.
When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever except for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
You are prohibited from sending unsolicited commercial e-mail messages for services or products. You are prohibited from attempting to interfere with the proper function of this Website. You are prohibited from forging any e-mail addresses. You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving our Website whether or not specified here.
Conditions to Linking to our Website
Any linking to our Website shall constitute a non-exclusive, limited license, revocable at our discretion, for you to link to our Website from any site you own or control that is not commercially competitive with this Website and does not criticize or otherwise injure this Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
Indemnification
You agree to indemnify and hold harmless Elewanatural, and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. elewanatural DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
The owners of this Website reserve the right to make changes and improvements at any time and without notice, to any information published on this Website and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
This Website may contain links to sites which are not maintained by us. We are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links does not imply any endorsements to those linked sites or their content. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on any third-party website.
You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ELEWANATURAL AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Privacy Statement
When accessing our Website, we will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, you agree that we may collect and store information about you, including without limitation, the name of the domain from which you access the Internet; the date and time you access our site; and the Internet address of the Web site you used to link directly to our site.
If you identify yourself by sending us an e-mail or making an online purchase containing personal information, then the information collected will be used to respond to your message or to process purchase order. Any such information may be also collected for statistical purposes, and identifying system performance or problem areas.
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you (at our sole and absolute discretion) in the manner and time that is reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
This Privacy Policy as posted on this Website is the sole statement of our privacy policy with respect to this Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website.
Instructions in the event Website contains materials that may infringe a Copyright
Elewanatural respects the intellectual property interests of other parties. If you believe that your work appears on this Website in a way constitutes copyright infringement, you may notify Elewanatural and provide the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists; (iii) identification of the URL or other specific location on the site of Elewanatural where the material that you claim is infringing is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner”s behalf; and (vi) your address, telephone number, and e-mail address.
Notices
Any notice or notification required, permitted, or contemplated hereunder shall be in writing and shall be addressed to the address below:
The Body Contour Company LLC
2889 McFarlane Road
33133 Miami FL
USA
Miscellaneous
Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
The Terms of Use as set forth herein shall be governed by and shall be construed in accordance with the laws of the State of Florida.
These Terms of Use constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Terms of Use shall be binding unless posted to this Site by the owner of this Website.
