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Terms & Conditions | |||||||||
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Welcome
to Aging Wellness Center ("AWC", "us," or "we"). By using our
Web site you agree to these Terms and Conditions. If we decide to change
our Terms and Conditions, we will post the updated Terms or Use on this
page so that you are always aware of the rules that apply to the AWC
Site. The services offered by the AWC are information, articles, and books
on different topics. Your use of and access to the Services is subject to all applicable
local, state, national and international laws and regulations, and you
agree not to violate such laws and regulations in your use of and access
to the Services. In addition, you agree that: (1) you will not interfere
with another member's use and enjoyment of the Services; (2) you will not
interfere with or disrupt AWC's security measures; (3) you will not
interfere with or disrupt networks connected to AWC, and will comply with
all regulations, policies and procedures of such networks; and (4) you
will comply with United States law regarding the transmission of technical
data exported from the United States with respect to or relating to any of
your dealings with AWC. You also agree to indemnify and hold AWC, as well
as its parents, subsidiaries, affiliates, officers, shareholders,
employees and independent contractors, harmless from any loss, liability,
damages and expenses (including without limitation reasonable attorneys'
fees) resulting from any claim or demand made by any third party arising
out of or in connection with your use of the Services, your violation of
these Terms and Conditions, or your violation of the rights of any third
party. Returns policy Canceled and lost orders Although rare, it is possible that an item shipped via either our
Standard or our Expedited ship methods could get lost in
transit. If an item shipped to a location within the United States is not
received within thirty (30) days after the shipment date, please notify
the 3rd Party Customer Service. Lost-in-the-mail claims for
orders shipped to United States addresses must be submitted to Customer
Service no later than forty-five (45) days from the date your item was
shipped. If an item shipped to a location outside the United States is not
received within forty-five (45) days after the shipment date, please
notify the 3rd Party Customer Service Department.
Lost-in-the-mail claims for orders shipped to addresses outside of the
United States must be submitted no later than sixty (60) days from the
date your item was shipped. Limitation of liability AWC
is a distributor and not a publisher of content (including information,
data, and other material) supplied by third parties and by users like you.
Neither AWC
nor any of its affiliates, officers, directors, employees, or agents, or
any third party content providers, merchants, sponsors, or licensors
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. Under no
circumstances shall AWC
(or any of its affiliates, officers, directors, employees, or agents) be
liable for any loss or damage caused by your reliance on information
obtained through AWC.
It is your responsibility to evaluate the information, opinion, advice, or
other content available through AWC.
EXCEPT FOR THE RETURNS POLICY DESCRIBED ABOVE, AWC PROVIDES THE
SERVICES AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES, CONTENTS, OR THE PRODUCTS SOLD THROUGH THE SERVICES,
AND AWC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY APPLICABLE
LAW. AWC DOES NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON
THE SERVICES IS ACCURATE, CURRENT, OR COMPLETE.
IN NO EVENT SHALL AWC BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR
DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE SERVICES,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR
PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT
RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN
IF AWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH
DAMAGES ARE FORESEEABLE. BY USING AWC, YOU AGREE THAT THIS LIMITATION WILL
APPLY TO ALL MERCHANDISE, SERVICES, AND CONTENT AVAILABLE THROUGH
411DELVE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION
OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT
SHALL AWC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID AWC
FOR USE OF THE SERVICES AND FOR PRODUCTS YOU PURCHASED AS A RESULT OF THE
USE IN QUESTION. Any current or future links to other sites are provided as a
convenience only, and we assume no responsibility or liability for the
contents of those other sites, or any products or services advertised or
sold on those sites. AWC reserves the right to change these Terms and Conditions without
notice. The formation, construction and interpretation of this agreement
shall be controlled by the laws of the State of Arizona, regarding
agreements between Arizona residents entered into and to be performed
within Arizona, giving no effect to choice of law provisions. The U.N.
Convention of Contracts for the International Sale of Goods is expressly
excluded from any interpretation of this Agreement. Any dispute relating
to these Terms and Conditions shall be subject to the exclusive
jurisdiction of the state and federal courts in Phoenix, Arizona, U.S.A.,
and the parties agree to submit to the personal jurisdiction and exclusive
venue of these courts. We enjoy hearing from you and welcome your comments about our
products and Services. However, if you send us a business idea or
suggestion (for example, about how to improve or expand our products and
services), you agree that we will be completely free to implement, use, or
modify, in any way, your idea or suggestion (or any part of it), without
any payment or other obligation to you. If
any provision of these Terms and Conditions is held to be unlawful, void
or for any reason unenforceable, that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of the remaining provisions. These Terms and Conditions constitute your
entire agreement with AWC with respect to their subject matter, and
supersede any other previous written terms and any oral or promotional
statements. AWC reserves the right to make changes to, or discontinue
the Services, or parts thereof, and our policies at any time at our sole
discretion. |
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