Terms & Conditions
Updated on December 3, 2009
Read this Terms and Conditions of Use Agreement before accessing the Website.
This Terms and Conditions of Use Agreement (this ‚Äö√Ñ√∫Agreement‚Äö√Ñ√π) sets the standards of use of and access to the www.acidgone.com website (hereafter also referred to as the ‚Äö√Ñ√∫Website‚Äö√Ñ√π) as well as the terms and conditions of the relationship with customers, users and/or visitors of Acidgone (hereafter also referred to as ‚Äö√Ñ√∫Acidgone‚Äö√Ñ√π, ‚Äö√Ñ√∫we‚Äö√Ñ√π, ‚Äö√Ñ√∫us‚Äö√Ñ√π, or ‚Äö√Ñ√∫our‚Äö√Ñ√π). By using the Website you agree to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement you should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, amend, or update this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Website. Your continued use of the Website and the products/services offered on the Website after modifications or updates are posted constitutes an acknowledgment and acceptance by you of this Agreement and its amendments, modifications, or updates.
Application of Website
This Agreement shall apply to all customers, users and/or visitors to the Website, including users who contribute content, information, or other materials or services on the Website.
Notwithstanding the foregoing, please notify us immediately of unauthorized use of your Acidgone account by emailing us at firstname.lastname@example.org.
What Do We Use Your Information For?
We collect and use your personal information to operate and improve our site and deliver the services or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the site or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and displaying content and advertising that are customized to your interests and preferences.
We also use your personal information to communicate with you. We may send certain communications such as welcome letters/emails, periodic informational emails or newsletters, billing reminders, email alerts regarding completion of initiatives, information on technical service issues, and security announcements. We may also occasionally send you product surveys or promotional mailing to inform you of other products or services available from us and our affiliates.
In addition, if you choose to submit, post, and/or email content to Acidgone/acidgone.com (e.g., comments, ratings, posting to a blog or discussion board, your photo and/or testimonial about our products), we may publish this information you have provided to us. By your posting messages, uploading files, inputting data, or engaging in any other form of communication through our service, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) use, copy, sub-license, adopt, transmit, publicly perform or display any such communication and (b) sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Copyright and Trademark Information
All content included or available on the Website, including site design, text, graphics, images, illustrations, interfaces, and the selection and arrangements thereof is ¬¨¬© 2009 Acidgone, with all rights reserved, or is the property of Acidgone and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without our prior written permission is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the information contained therein. Acidgone‚Äö√ë¬¢ is a proprietary mark of Acidgone, registered with the United States Patent and Trademark Office. Our trademarks, including the aforementioned, may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
License and Website Access
Acidgone grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Acidgone. This license does not include any right of resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Acidgone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Acidgone and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing website names or trademarks without the express written consent of Acidgone.
Any unauthorized use terminates the permission or license granted by Acidgone. You may not use any Acidgone logo, including Acidgone‚Äö√ë¬¢ or other proprietary graphic or trademark as part of the link without express written permission from Acidgone.
This site is for information and educational use only. Nothing contained on this site is or should be considered, or used as a substitute for medical advice, diagnosis or treatment.
Statements made on this website have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new dietary supplement, treatment, diet or fitness program. Acidgone and dietary supplements on the Website are dietary supplements, however, are not intended to be used as supplements for radical dieting, meal replacement, nor with the intent of extreme weight reduction. Acidgone and dietary supplements on the Website are recommended to be used in conjunction with a regular and balanced diet.
Any action in response to the information provided in this web site is at the reader's discretion. Acidgone assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you.
Disclaimer of Warranties
THE WEBSITE AND THE INFORMATION AND CONTENT PROVIDED THROUGH IT ARE PROVIDED BY US ON AN ‚Äö√Ñ√∫AS IS‚Äö√Ñ√π AND ON AN ‚Äö√Ñ√∫AS AVAILABLE‚Äö√Ñ√π BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING ALL CONTENT, DATA, OR INFORMATION DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE WEBSITE, IS AT YOUR SOLE RISK. WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE INFORMATION OR CONTENT OF THE WEBSITE.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
You agree to indemnify and hold us, our parent company, any subsidiaries, affiliates, managers, members, officers and/or employees, harmless from any claim or demand, including reasonable attorneys‚Äö√Ñ√¥ fees and costs, made by any third party due to or arising out of your use of the Website and our products, the violation of this Agreement, or infringement by you, or other use of our Website using your computer, of any intellectual property or any other right of any person or entity.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by merchants or vendors or collected from publicly available sources. While we make every effort to ensure that the information on the Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website.
We make no warranties or representations whatsoever with regard to any product provided or offered by any merchant or vendor, and you acknowledge that any reliance on representations and warranties provided by any merchant or vendor shall be at your own risk.
Governing Jurisdiction/Trial by Jury
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN TRAVIS COUNTY, TEXAS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. EACH OF THE PARTIES HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING OR STATEMENTS (WHETHER VERBAL OR WRITTEN) RELATING TO THE FOREGOING. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS AGREEMENT.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or our products/services in any way that violates applicable local, state, federal, or international laws, regulations, statutes, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or national law or regulation.
Notification of Claimed Copyright Infringement
Pursuant to Section 5.12(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following as our agent for receipt of notifications of claimed copyright infringement: Acidgone 9600 Escarpment Blvd. Suite 745 #106
Austin, TX 78749
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a sale, merger, or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a customer, user and/or visitor of the Website. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices.