TERMS AND CONDITIONS FOR USE OF SITE AND PRODUCTS

These Terms and Conditions of Use (“Terms of Use”) apply to the web site located at www.vavalife.com (the “Site”) owned by NATURAL MEDICINE MARKETING. The Site is the property of the Company. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Welcome to our site. We maintain this website as a service to our customers. By using our website, you are agreeing to comply with and be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

DISPUTES; ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY; GOVERNING LAW; JURISDICTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Arbitration Agreement Applicability. Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site shall be resolved by binding arbitration on an individual basis under the terms set forth below.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms of Use (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
  3. Neutral Arbitrator. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing and the location of any such hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Nonappearance Arbitration. If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  5. Arbitrator Authority. The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
  6. Jury Trial Waiver. You hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
  7. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
  8. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this agreement to arbitrate, to enforce an arbitration award, or to seek injunctive or equitable relief.
  9. Forum Selection. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the United States and by the laws of the State of Florida without regard to conflict of law principles. You consent to submit to the personal jurisdiction by and venue in the state and federal courts located in Manatee County, Florida, and waive any objection to such jurisdiction or venue.

CONTENT TRADEMARK AND COPYRIGHT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, videos, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, “Trademarks”). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of the Company or such other owner. Neither the Company’s name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without the Company’s prior written consent. Without limiting the generality of the foregoing, the Company prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by the Company in writing.

PERMITTED USE OF THE SITE AND CONTENT

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without the Company’s express prior written consent. You may use information on the Company’s products and services that is purposely made available by the Company for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms of Use by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, posted on The Company’s official social media accounts, or social media accounts of The Company’s Representatives (“Tier Operators”) or sponsored athletes, or for any service or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site, the specific service, or product. The Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see may depend on your computer system, intra-batch variances, lot variances, or other factors.

HEALTH RELATED INFORMATION

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.

You should consult your doctor before starting an exercise or diet routine. Before using any dietary supplements you must consult your doctor.

ADDITIONAL DISCLAIMERS

THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

The Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, competitive, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damage.

MISCELLANEOUS

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. USE OF NATURAL MEDICINE MARKETING SITE AND PRODUCTS ARE EXPRESSLY LIMITED TO YOUR AGREEMENT OF THE CONDITIONS SET FORTH HEREIN. The Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

SECURITY PAGE

Your online security is important!

See what VAVA is doing to protect you!

The internet of today is far different than it was even 7 years ago. It is more sophisticated, has more intelligence and knows you better than you know you. But with this greater level of convenience comes a greater level of risk. VAVA understands this and has taken great lengths to ensure that every transaction you make on any VAVA site is safe and secure from browser to completion.

One of your first lines of defense against the loss of sensitive data is secure socket layer technology also known as SSL. This is a certificate generated by a signing authority that encrypts your transactions on our website with 256 bit Military grade encryption. This makes sure that none of the information that you enter into the VAVA website is ever intercepted. You can click the above Comodo SSL logo and confirm that our site is safe and secure. Comodo confirms this by attaching a $250,000 identity assurance warranty to our SSL seal.

Sitelock is a third party independent malware and server security company that performs daily scans on our server. Sitelock alerts us immediately to any vulnerability and corrects them on the spot. You can verify the safety and cleanliness of VAVA by clicking the button above. Having an external third party doing our internal scans is an important part of our security policy and just one of the extra measures that we are employing to ensure your safety and peace of mind.

As an added layer of protection we have contracted with McAfee to provide us with some of the most comprehensive and effective website security scanning on the market today. As a global leader in website and online security they offer a robust and effective system to ensure that your transactions on www.redcon1.com are safe and secure each and every time.

VAVA will never store or see your financial data when making a purchase. This is all securely transmitted directly to the banks. In addition, VAVA  will never ask you for sensitive information unless it is absolutely necessary in the fulfillment of your order. At VAVA we feel like you are a part of our family and we want to do everything we can to keep you as safe as possible. Sleep easy tonight knowing your purchase was secure at VAVA.