Effective date Aug 12, 2017
This website including its tools, applications and services are intended solely for access and use by individual who are at least eighteen (18) years old and above. By accessing and using our website, including its tools, applications and services, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.
USE OF THE SITE & PROHIBITIONS
REGISTRATION / MEMBER ACCOUNT
NON-COMMERCIAL USE BY MEMBERS
Members on this website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Tavia and should not use the site for any purpose.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our site to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
TAVIA ONLY OFFERS INFORMATION, NOT MEDICAL ADVICE
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT (WHICH INCLUDES ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, ARTICLES, STORIES, MESSAGES, INFORMATION AND OTHER CONTENT CONTAINED ON THE WEBSITE) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY OR PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY TAVIA. YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER, AND THAT YOU WILL CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE UTILIZING ANY CONTENT APPEARING ON THE SITE AND IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING. SPEAK TO YOUR PHYSICIAN OR HEALTHCARE PROVIDER IMMEDIATELY IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION. DO NOT PUT OFF GETTING MEDICAL ADVICE, OR IGNORE MEDICAL ADVICE THAT YOU HAVE BEEN GIVEN, BECAUSE OF ANY CONTENT. TAVIA DOES NOT RECOMMEND ANY SPECIFIC TREATMENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY CONTENT. ANY ACTION YOU MAY TAKE AS A RESULT OF ANY CONTENT IS TAKEN AT YOUR OWN RISK, AND TAVIA DISCLAIMS ANY LIABILITY ARISING OUT OF SUCH ACTION.IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, AND ARE WITHIN THE UNITED STATES, DIAL 911 IMMEDIATELY.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TAVIA DOES NOT ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE CONTENT PROVIDED THROUGH THE SITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING ANY SUCH CONTENT. NO CONTENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. TAVIA SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE SITE OR SERVICES. SPECIFICALLY, TAVIA DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE AND/OR SERVICES.REASONABLE EFFORTS HAVE BEEN MADE TO PROVIDE ACCURATE AND CURRENT INFORMATION ON THIS SITE. TAVIA DOES NOT MAKE ANY GUARANTEE OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT APPEARING ON THE SITE AND IS NOT RESPONSIBLE FOR (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF, (II) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED THEREIN, (III) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT APPEARING ON THE SITE AND/OR VIA THE SERVICES, OR (IV) ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE SITE ARE ACQUIRED BY YOU “AS IS”. NEITHER TAVIA NOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. FURTHERMORE, TAVIA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE SITE, AND THE FACT THAT A BUSINESS OR PARTICULAR SERVICE IS OR IS NOT DESCRIBED ON THE SITE IS NOT AN ENDORSEMENT OR LACK OF ENDORSEMENT OF ITS QUALITY OF SERVICE. TAVIA ASSUMES NO RESPONSIBILITY FOR ANY RESOURCES LISTED ON THE SITE AND/OR VIA THE SERVICES.ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
Tavia is a distributor only. Products distributed by Tavia are not manufactured by Tavia. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if present). Tavia assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Tavia makes no representation of express warranty with respect to the product except those stated in this document. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.Likewise, the manufacturers of the products distributed by Tavia are not responsible for any claims, warranties, representations, or the like included on Tavia packaging (if any).
LIMITATION OF LIABILITY
TAVIA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS AND/OR YOUR USE OF THE SERVICES AND/OR SITE WHICH EXCEEDS THIS LIABILITY LIMIT, EVEN IF TAVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAVIA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT TAVIA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LIABILITY OF TAVIA TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the site shall remain the property of Tavia and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
By submitting content on the site or otherwise through the service, you hereby do and shall grant Tavia a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the site, the service and Tavia’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of the site and service.
You may cancel your membership at any time. There are no cancellation fees. In the event that you cancel your membership after an order has already been processed you will be charged for that order. Otherwise, your membership shall cease immediately after filing your cancellation request, and you shall not incur any further charges.
To cancel your membership please login to your membership account and follow the cancellation instructions provided therein.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Tavia. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER AND SEVERABILITY OF TERMS
Failure of Tavia to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms of Service is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms of Service shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of North Carolina, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of North Carolina, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
This Agreement will remain in full force and effect while you use the Site. You may terminate your membership at any time for any reason by following the instructions on the Site. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
PERSONAL INFORMATION WE COLLECT AND USE
Personal Information: When registering as a user to the Service, we receive and store information you enter or provide to us in any other way. The types of personal information collected may include your name, email address, URL, phone number, Twitter, Tumblr, Google Plus and/or Facebook usernames, location, use information regarding your use of the Service, browser information, and any other data that is tied to such information (collectively, the “Personal Information”). The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.
Information Collected Automatically: When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. This data is treated as non-Personal Information, except where we are required to do otherwise under applicable law. We only use this data in aggregate form to perform statistical analyses on user behavior and characteristics. We may provide aggregate information to our partners about how our customers, collectively, use our site, so that our partners may also understand how often people use their services and the Service.
HOW MY INFORMATION IS SHARED
Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We may share your Personal Information with third parties with your permission or as permitted in our TOS.
We provide some of our services through affiliates, service providers, partners and other third parties. We, and our service partners, may use your personal information to operate our sites and to deliver their services. These affiliates and third party service providers are not permitted to use personal information for any purposes other than to complete the order, assist you in participating in the particular service and communicating with you. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
We may disclose information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.
In the future, may use third party advertising companies to serve ads when you visit the Service. These companies may use information about you and activity related to your use of the Service to provide advertisements about goods and services of interest to you.
We employ other companies and people to perform tasks on our behalf, and need to share your information with them to provide services to you. Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information.
INVITE FRIENDS AND CONTACTS
You may choose to provide us with another person’s e-mail address or social network profile information so that person may be invited to create an account on this site and become your friend. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person’s e-mail address, you represent to us that you have obtained the consent of the person concerned with respect to such disclosure to us of their Personal Information. We may disclose such information if required to do so in order to comply with legal process, as described above.
Business Transfers. If Tavia or substantially all of its assets are acquired, or in the unlikely event that we cease business operations or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
COOKIES AND SIMILAR TECHNOLOGIES
We send cookies to your computer through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Most browsers have an option for disabling the cookie feature, which will prevent your browser from accepting cookies, as well as (depending on your browser software) allow you to decide on acceptance of cookies in a variety of ways.
Your account is password protected for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password, and limiting access to your computer, phone and browser such as signing off after you have finished accessing your account. We use industry standard measures to protect Personal Information. However, we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
If you are located outside of the United States, please note that the Service is located on computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Service or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
PRIVACY PRACTICES OF THIRD PARTIES AND THIRD PARTY SITES
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding privacy using the Service, please send a detailed message to: admin@MyTavia.com. We will make every effort to resolve your concerns. Effective as of Aug 12, 2017