The following are some general guidelines:
TheyaVue (the "Company") owns and operates this website ("Site"). By using the site, you agree that these Terms and Conditions will apply and that the site should be used in accordance with them, as well as our Privacy Policy and Shipping Policy. We also encourage you to review our Return Policy. By accessing the site in any way, automated or not, you agree to these Terms of Service.
We reserve the rights to modify these Terms of Services or to impose additional conditions for the use of the Site from time to time. In this case, we will post any revised Terms of Services on our website. You accept these Terms of Service if you continue to use the Site following the posting of any changes.
Intellectual Property Rights
The Limited License We Grant You All materials on this Site are owned by us, our affiliates and licensors and are protected under copyright laws, trademark laws and other intellectual properties laws. This Site is only for your non-commercial personal use. The Site and the materials on the Site may not be used in a way that violates our rights, or is not authorized by us. You may not, except as expressly authorized by these Terms of Services or the owner of the material, modify, copy or reproduce, republish or upload, post or transmit any materials from the Site. Nor can you sell, create derivatives, exploit or distribute any of the Site's content in any way or medium, including by email. You may download and/or copy individual pages from the Site on occasion for personal and non-commercial purposes, as long as you maintain all copyright notices and proprietary rights.
Your license to us. When you submit, email, text, deliver or post any material, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, on any medium, now known or hereafter developed, for any purpose. When you email, text, deliver or post material, you grant us and anyone authorized to us a perpetual, irrevocable non-exclusive license worldwide. This includes the right to use, copy modify, transmit sell, exploit, make derivative works, distribute and/or publicly display or perform such material in whole or part in any medium or manner, whether now known or yet developed. This grant includes the right to exploit all proprietary rights in any posting or submission. This may include, but is not limited to rights under copyright laws, trademark, service marks or patent laws. In connection with such rights, you also grant us and anyone authorized to us the right, by name, email or screen name as we deem fit, to identify you as author of any postings or submissions.
You acknowledge and accept that any contribution originally created by YOU for US shall be deemed as a "work for hire", if the work performed falls within the definition of an work for hire, in Section 101 (as amended) of the United States Copyright Law. The copyrights to these works will belong to COMPANY as soon as they are created. COMPANY is deemed to be the sole author of these works and has the exclusive right to use them in all media (now known or yet-to-be invented), throughout the universe and in all languages. If any of the results or proceeds from your submissions are not considered a "work for hire" as defined in Section 101 of Copyright Act (as amended), you irrevocably transfer, assign and convey to COMPANY, without any additional compensation, all proprietary rights to the material, including all copyrights, trademarks, and other intellectual property rights throughout the entire universe in all media, now known or yet to be invented, and any right, title, and interest to and in all such proprietary interests in all mediums, now known We will co-own any material that you post which is a reproduction of a prior work by yourself.
You acknowledge that COMPANY is entitled to use any contributions or postings of any kind, but that it does not have to do so. COMPANY can choose to stop using and displaying any of these materials (or a portion of them) at any time and for any reason.
Limitations to Linking and Framing. A hypertext link is permitted as long as it does not imply or state that we or the Site sponsor your website. You may not frame or link to any content on the Site without our written consent.
Disclaimers
We may include links to Internet sites that are maintained by third-parties on the Site. The fact that we link to these third-party websites does not mean that we endorse or sponsor them, their information, products, or services. We nor our affiliates do not control or operate in any way any of the information, products, or services provided by third parties on or through this Site, or any websites we link to on the Site.
If applicable, opinions, advices, statements, offers, services or other content or information expressed or made accessible by third parties (including information providers) are the responsibility of their respective authors or distributers and not COMPANY. The accuracy, completeness or usefulness is not guaranteed by COMPANY, nor by any third party information provider. COMPANY does not endorse or accept responsibility for any opinions, advices, or statements made by any other person than an authorized COMPANY employee acting in their official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, and servers which make it available, are free from viruses.
We do not warrant or make any representations regarding the use of this site, materials on this site, or third-party sites in terms of their accuracy, timeliness, reliability, or otherwise.
You agree to indemnify, defend and hold COMPANY, its affiliates, successors, transferees or assignees as well as their respective parent or subsidiary companies and agents, associates or officers, directors, shareholder or employees, harmless from any and all claims or causes of action arising or related to any breach of your obligation, warranty or representation set forth in this agreement. This includes legal fees.
Online Shopping
You may be able to buy a variety of different products and services from third parties through certain sections of the site. We are not responsible or liable for any aspect of the products and services, including their quality, accuracy, timeliness or reliability. When you purchase a product or service from a merchant through the Site or a website linked by the Site the information collected during your visit may be shared with both the merchant and ourselves. This includes information such as credit card numbers and contact details. The privacy and data collection policies of a merchant may differ from ours. These independent policies are not under our control or responsibility. You may also be subject to other terms and conditions when purchasing products or using services through or on the Site. These additional terms and condition will apply specifically to your purchase of or use for such products or service. Visit the website of a merchant to learn more about its online store, privacy policies and/or additional terms and conditions. You can also contact that merchant directly. You agree to release us and any of our affiliates for any damages you may incur and not to make any claims against them or us arising from the purchase or use any products or services offered by third parties via the Site.
You and the third party are responsible for all correspondence, business, or participation with third parties found on our Site. This includes payment, delivery, or any other terms and conditions. You agree that COMPANY is not responsible for any damage, loss or other issues resulting from such dealings.
You agree that you are financially responsible for any purchases made through the Site by yourself or anyone acting on your behalf. You agree to only use the site and purchase products or services through it for legitimate, noncommercial purposes. You agree to refrain from making any purchases that are speculative or false, or those made for fraudulent or fictitious purposes. You agree that you will only buy goods or services if it is legal for you to do so. You represent that when you make a purchase on behalf of a third-party that requires that you provide the third-party's personal data to us or to a merchant, that third-party has given you their express consent to do so.
Interactive Features
The Site may have a number of features such as chat rooms, bulletin boards, weblogs, email services and other communication tools that allow users to interact with each other. Each user is responsible for postings on bulletin board, web logs and chat rooms on the Site or sending emails via the Site's email service. We don't control any messages, files or information that you or other users may send through the Site. You must not:
Restriction or inhibition of any other users from using and benefiting from the Site.
You may not impersonate anyone or any entity on the Site, or misrepresent or lie about your affiliation to a person.
Disobey the requirements, procedures, rules or regulations that the networks we use for the Site have.
You may not use the site to encourage or incite others to engage in illegal activity or to cause harm or damage to property or to other people.
Hacking, password mining, or other illegal means can be used to gain unauthorized access to any account or computer system connected to the Site.
You may not obtain or attempt to get any information or materials through any other means than those that are intentionally available on this site.
You may not use the Site to transmit or post any illegal, threatening or abusive information, libelous or defamatory material, obscene or vulgar content, or any pornographic or profane material. This includes, without limitation, any transmissions that encourage or constitute conduct that could be a crime, or give rise to civil liabilities, or violate local, state, federal or international laws.
You may not post or transmit on the Site any information, software, or other material which violates the rights of other people, such as material which is an invasion or privacy rights, material protected by trademarks, copyrights, or other proprietary rights, or derivatives thereof, without obtaining the permission of the owner.
Use the Site to transmit or post any information, software, or other material containing a virus or another harmful component.
You may not use the site to distribute, post or otherwise exploit information, software, or other materials that are commercial or contain advertising.
You may not use the site to solicit or advertise to others to buy, sell, or donate products or services or any other type of donation without our written consent.
For marketing purposes, collect any email addresses and other personal information posted by users on the Site.
COMPANY can host private/public message boards, groups, chats and forums on its Sites as well as on other platforms. Users who do not comply with this Agreement will be removed from the message boards, groups or chats, and may also lose access to them in the future. The COMPANY, or its agents, may alter or remove any user-created material at any time and for any reason. Users and subscribers can use message boards, chats, and other public forums as discussion areas. These public forums can be populated by COMPANY employees, COMPANY outside contributors or users who are not affiliated with COMPANY. Some of these users may use anonymous user names. COMPANY disclaims any responsibility or endorsement, and does not make any representations as to the validity or opinion, advice or information provided by third parties in these forums. We are also not responsible for any errors, omissions or hyperlinks embedded within any messages. We, our suppliers, affiliates or agents will not be responsible for any damage or loss caused by your reliance upon information obtained from these forums. These forums reflect only the opinions expressed by the participants and not the opinions of COMPANY, its subsidiaries or affiliates.
The COMPANY is under no obligation to monitor the content of any message boards, chatrooms or other public forums available on the Sites. You acknowledge and agree, however, that we reserve the right to monitor any content or postings on the message boards, chat rooms, or other public forums of the Sites at our discretion. We reserve the right, at our sole discretion, to edit, refuse or remove postings or any content in their entirety or in part. This includes the right to reveal the circumstances of transmission and any other information that may be necessary to comply with any law, regulation, legal request or governmental requirement, and to protect us, our clients and sponsors, as well as users, visitors and users.
SMS Messaging
You consent to receiving marketing messages by signing up through a website pop-up or confirmation page. By responding YES when you receive a text message to confirm your sign-up. The messages may be sent via an automated telephone dialing system to your mobile phone number provided at sign-up or any other number you specify. The consent to receive automated text marketing messages is not required for any purchase. Standard rates for data and messages may apply. The frequency of messages will change. The COMPANY reserves its right to change the frequency at any time to increase or reduce the number of messages sent. COMPANY reserves the right also to change the shortcode or phone number that messages are sent from. Some mobile phones or devices may not be supported, and our messages might not be delivered in all regions. The COMPANY and its service providers, as well as the mobile carriers that are supported by this program, will not be held responsible for messages that have been delayed or undeliverable. Messages are sent to you for marketing, to share content, like articles and videos, to announce new products and to give access to your dashboard or downloads. You can opt out of receiving our messages at any time. Simply text STOP to the number provided in any message. You may request help at any time by texting HELP to any messages received, or by emailing our customer support team at support@gettheyavue.com.
Registration
We may ask for certain demographic data to access certain features on the Site. This includes your gender, date of birth, zipcode and country. If you choose to sign up for a specific feature of the Site such as chats, weblogs or bulletin board, you will also be required to complete a registration form. This may include providing personally identifiable information like your name and email. The Site's registration page will ask you to enter accurate, complete and current information about yourself. We have the right, if we have reasonable suspicions that the information you provide is false, inaccurate or incomplete, to suspend or terminate the account, and to refuse all future or current use of the site (or any part thereof). The terms of our Privacy Policy govern the use of any personally identifiable data you provide us during the registration process.
Passwords
You will need to register on the Site in order to receive a username and a password. You are responsible to maintain the confidentiality of your account and password, and for any activities that are performed under it (by you or others). You agree to immediately notify us of any unauthorized usage of your password or your account, or any other security breach. Also, you must ensure that you leave your account at each end of the session. We will not and cannot be held responsible for any damage or loss resulting from your failure of protecting your password or account details.
Limitation of Liability
OUR SUBSIDIARY, PARENT AND AFFILIATE COMPANIES WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES INCLUDING NEGLIGENCE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SITE. THIS INCLUDES OUR MESSAGING BLOGS COMMENTS BY OTHERS BOOKS EMAILS PRODUCTS OR SERVICES OR THIRD PARTY MATERIALS The above limitation may not apply to you because some states do not allow the exclusion or limitation of certain categories of damages. In such states, our liability and the liability of our subsidiary or parent companies or affiliates is limited to the fullest extent permitted by state law. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
This site is constantly under development and the company makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.
CONTENT ABOUT HEALTH AND WELLNESS IS INCLUDED ON THIS SITE.
This site is intended for educational purposes only. This information is not intended to replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, it is important that you consult a physician or other professional in the field of healthcare. ADVICE RELATED TO HEALTH OR MEDICINE FROM YOUR HEALTHCARE PROFESSIONAL SHOULD NOT BE DISREGARDED, IGNORED OR DELAYED DUE TO SOMETHING THAT YOU MAY READ ON THIS WEBSITE. The use of any information provided on this site is solely at your own risk.
ADVICE, DIAGNOSIS, PROGNOSIS, OR INSTRUCTIONS PROVIDED BY MEDICINE OR COUNSELING IS NOT INTENDED AS MEDICAL OR CONSULTING CARE. For the purposes of this agreement, "practice of medicine and counseling" includes, without limitation, PSYCHIATRY (psychology), PSYCHOLOGY (psychotherapy), or providing health care treatment, instructions, diagnosis, prognosis, or advice.
Termination
You may terminate or cancel your use of the Site or any portion thereof at any time, without prior notice. You are not authorized to access any part of the Site in the event of cancellation. These Terms of Service will continue to apply, including the restrictions placed on you in relation to the material downloaded from the Site and the limitations and disclaimers of liability.
Refund Policy
To receive a refund you must adhere to the Shipping and Refunds Policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1988 (the "DMCA") gives copyright holders recourse if they believe that materials appearing on the Internet violate their rights under U.S. Copyright Law. You or your agent can send COMPANY an email if you are convinced that COMPANY's materials infringe on your copyright. The notice should request that the material is removed or that access to it is blocked. A copyright owner, or a person authorised to act on their behalf, who fails to comply with the DMCA requirements will not be considered a sufficient notification and will not be deemed as conferring actual knowledge to COMPANY of facts or circumstances that show infringing materials or acts. The DMCA allows you to send COMPANY a Counter-Notice if you are convinced that a copyright infringement notice has been filed in error. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice shall be support@gettheyavue.com
You can also find out more about Assignment
This Agreement will be binding on COMPANY, its successors, heirs and legal representatives, as well as our respective assigns. This Agreement and any rights under it may not be assigned without COMPANY's prior written consent.
Dispute Resolution
The Terms of Service shall be governed and construed according to the laws of Ontario, Canada, and any dispute will be resolved by binding arbitration in London (Ontario), Canada. If for any reason any part of this agreement is deemed invalid, unenforceable or illegal, that provision will be considered severable and not affect the validity of any other provisions.
Class Action Waiver
You can only resolve disputes on an individual basis. You cannot bring a claim in a representative, class or consolidated action. No class arbitrations, no class actions, no private attorney general actions and no consolidation of arbitrations with other arbitrations.
The arbitrator cannot consolidate more than a single person's claim, nor can he preside over a representative or class proceeding (such as class actions, consolidated actions, or private attorney general claims) unless the parties have agreed to it.
Severability
If any clause in these Terms of Service is found to violate the law or be unenforceable (other than the above clause on class action waiver), that clause will be removed from the Terms of Service and the rest of the Terms of Service shall remain intact. This entire provision will be rendered unenforceable if the Class Action Waiver Clause is found to violate the law or be unenforceable. The dispute will then be resolved by a judge.
Anti-Spam Policy
Spam is unsolicited bulk or indiscriminate electronic messages that are sent to a commercial end. We a zero-tolerance spam policy.
Our messaging systems scan all incoming emails and filter out any messages that look like spam.
Our systems will occasionally filter out legitimate messages. No message filtering system can be 100% accurate.
Please inform the recipient of your message if you think this happened.
Sending the message as plain text will reduce the chance that it is caught by spam filters. No HTML, no attachments and make sure your messages are malware-scanned before sending.
In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact support@gettheyavue.com and the matter will be investigated.
This anti-spam Policy may be amended at any time. A new version will be published on our website.