Effective Date: 01/01/2018
THIRD PARTY AND USER CONTENT
The Site may contain content or links posted by you, other users, or third parties (“Unaffiliated Content”). Alana Mitchell is not responsible for monitoring the Unaffiliated Content, but Alana Mitchell reserves the right to monitor and remove the Unaffiliated Content in its sole and absolute discretion. All Unaffiliated Content you submit to the Site will be considered part of the public domain. You will be solely responsible for all Unaffiliated Content that you submit, including its accuracy, timeliness, and completeness, and for any claims of infringement concerning that Unaffiliated Content. By submitting Unaffiliated Content, you automatically grant Alana Mitchell an unlimited, royalty-free, perpetual, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, distribute, display, create derivative works from, sell, sublicense, and otherwise use or exploit the Unaffiliated Content in any manner that Alana Mitchell determines in its sole discretion. If you do not agree to the foregoing, you should not submit any Unaffiliated Content to the Site.
Neither Alana Mitchell nor any of its affiliates, predecessors, successors, heirs, assigns, agents, employees, officers, directors, managers, owners, representatives, attorneys, or any persons acting by, through, under, or in concert with any of them (collectively, “Affiliates”) makes any representations or gives any warranties or guaranties concerning any Unaffiliated Content, and neither Alana Mitchell nor any of its Affiliates will be liable for any damage or injury arising from any Unaffiliated Content. The presence of any Unaffiliated Content on the Site is not to be considered an endorsement by Alana Mitchell or any of Alana Mitchell’s Affiliates of any person providing Unaffiliated Content, the views expressed in any Unaffiliated Content, or any products or services related to any Unaffiliated Content. Neither Alana Mitchell nor its Affiliates is responsible for the content provided by any user of the Site and/or the conduct of any user, whether online or offline. Your use of or reliance on any Unaffiliated Content is at your own risk. By accessing the Site, you acknowledge that Alana Mitchell merely acts as a passive conduit of the information made available by you, other users, or third parties. By accessing or otherwise using the Site, you acknowledge and assume all risks of harm, loss, or damage related to your use of the Site, and you hereby waive all claims and/or causes of action related to your use of the foregoing against Alana Mitchell and its Affiliates.
USER REQUIREMENTS AND RESPONSIBILITIES
In using the Site you shall not:
You shall comply with all applicable laws, rules, regulations, and ordinances related to your online conduct and your use of the Site.
You shall not copy any of the Site’s content or reverse engineer or break into the Site.
SITE INTELLECTUAL PROPERTY
By submitting information to Alana Mitchell electronically, including by email, you are consenting to receiving communications from Alana Mitchell electronically, including by email. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message.2
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or images (including, without limitation, with respect to product colors) or other content on the Site is accurate, complete, reliable, current, or error-free or that all products are available for purchase at all times. Unless explicitly stated otherwise by Alana Mitchell, reference to, or sale of, products or provision of other information is not, and does not imply, Alana Mitchell’s endorsement, sponsorship or recommendation thereof.
All information provided by Alana Mitchell is intended solely for educational, informational, or personal purposes. The U.S. Food and Drug Administration has not evaluated all statements, if any, made by manufacturers about the products available through the Site, and results may vary amongst individuals. You should use all products only in accordance with their instructions, guidelines, and precautions, and you should always check the ingredients to avoid potential allergic reactions.
The products, information, and other materials on the Site are not intended to prevent, diagnose, treat, cure or manage any condition or disease, and the Site is not intended to provide medical advice or a substitute therefor. Please consult with your physician or other health care practitioner before using or relying on any goods, products, or information received from the Site or Alana Mitchell. Minors should not use any goods or products available through the Site until a parent or legal guardian has discussed the good or product with the minor’s doctor. Alana Mitchell does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Any purchase of products from the Site or otherwise from Alana Mitchell shall be in accordance with the prices and purchase options set forth at the time of purchase. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. You agree to pay all fees listed at the time of purchase or at the time of pickup (as indicated on your order form) to Alana Mitchell. You agree to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.
Alana Mitchell may use the services of third parties to perform certain vital functions, including handling payments for the products discussed herein. These third parties will only have access to the aspects of your personally identifiable information that are necessary to perform their respective services. Although you may be required to provide credit/debit card information when you make a purchase, we immediately transmit this information to our payment gateway service provider.
We utilize commercially reasonable and industry standard measures and protocols to secure your information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your information.
CONTESTS AND SWEEPSTAKES
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent, whose contact information is provided below:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. The address, telephone number, and e-mail address of the copyright owner or its agent;
5. 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; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Alana Mitchell’s Copyright Agent can be reached at: email@example.com or 34179 Golden Lantern Street #101, Dana Point, CA 92629
Alana Mitchell will handle all notices it receives under this Section in accordance with the terms of the Digital Millennium Copyright Act.
YOUR USE OF THE SITE OR ANY OF ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. THE CONTENT, MATERIAL, AND ANY INFORMATION OR SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIAL, INFORMATION, OR SERVICES (INCLUDING ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. ALANA MITCHELL AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, INCLUDING THOSE REGARDING ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
The above disclaimers are made to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
IN NO EVENT WILL ALANA MITCHELL, OR ANY OF ALANA MITCHELL’S AFFILIATES, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE SITE’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALANA MITCHELL OR ANY OF ALANA MITCHELL’S AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Alana Mitchell provides you with access to this Site in its sole discretion and reserves the right to modify or discontinue any aspect of the Site, including your ability to access the Site, at any time without notice. Alana Mitchell will not be liable to you or any third party for any modification or discontinuance of any aspect of the Site or your ability to access the Site. Certain services offered through the Site may not be available in your area, and Alana Mitchell will not be responsible for any such unavailability.
If an authority of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision is to be severed from this Agreement, and the remainder of this Agreement is to remain in full force and effect.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you are charged for services, products, content, or information, pricing will be posted as part of the ordering process. If you have a question or complaint regarding the Site, please send an email by using the contact information below. Alternatively, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any California residents under the age of eighteen (18) who have posted content or information on the Site can request that such information be removed from the Site by contacting us, at the e-mail or address set forth below, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
NOTICES & CONTACT
All notices and contact concerning this Agreement and the Site should be sent to Alana Mitchell as follows: firstname.lastname@example.org or 34179 Golden Lantern Street #101, Dana Point, CA 92629