We maintain this website as a service to our customers, and by using our website you are agreeing to comply with and be bound by this Terms and Conditions of Use Agreement (“Agreement”) between Musivation International, LLC (“we”) and each user (“you” or “user”) of this website. Please review the following terms and conditions of the Agreement carefully, and check them periodically for changes. If you do not agree to the terms and conditions of the Agreement, you should not review information or obtain goods, services or products from this website. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on our website, and you should review this Agreement prior to using our website.
Sale of Products
The products available for purchase on this website, including without limitation, are provided for overall health and well-being purposes only and do not constitute medical or psychological diagnosis, treatment, or advice. Any information presented on this website is not intended to represent that any products, including without limitation, are to be considered a substitute for seeking professional medical or psychological advice from an appropriate professional health care provider. We strongly advise you to seek professional advice as appropriate before making any health decision or purchasing any product on this website.
The parties acknowledge that Musivation International, LLC owns all right, title, and interest in and to all content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website (“Rights”). You understand the Rights are protected under applicable intellectual property law and regulations, including but not limited to copyrights, trademarks, registered trademarks and other proprietary rights. You are strictly prohibited from copying, distributing, using, or publishing any part of the website and you do not acquire ownership rights to any content, document or other materials viewed through this website.
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on this website, including this Agreement, without further notice to users of this website.
Prices & Currency
The prices displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Pricing or Typographical Errors
We do our best to provide accurate product and pricing information. However, pricing or typographical errors do occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Due to the nature of our online website, and the products listed, we (Musivation International, LLC) have a strict NO RETURN policy for any digital product. No digital product shall be able to be returned for a like item, or for a cash refund.
Limitation of Liability
Musivation International, LLC and its owners, members, officers, employees, agents, licensors, suppliers, content providers, volunteers and others associated with Musivation International, LLC (collectively “Affiliate Parties”) are providing this website and its contents on an “as is” and “as available” basis. No advice or information, whether oral or written, obtained by you from us through this website shall create any warranty, representation or guarantee not expressly stated in this Agreement. Your use of this website is at your sole risk.
Musivation International, LLC AND THE AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A SELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUSIVATION INTERNATIONAL, LLC AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Musivation International, LLC and the Affiliated Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from this website.
You agree to indemnify, defend and hold harmless Musivation International, LLC and the Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on this website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through this website, your violation of this Agreement, your infringement or violation of any rights of another, or termination of your access to this website.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of this website or this Agreement shall be brought exclusively in Federal or State Courts for San Diego, CA.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
This Agreement constitutes the entire Agreement between Musivation International, LLC and each user of this website with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this website and your use of this website shall be deemed acceptance of and assent to this Agreement by you.
The failure of Musivation International, LLC to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit Musivation International, LLC’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Limitation of Liability” provisions of this Agreement are for the benefit of Musivation International, LLC and the Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Musivation International, LLC, any claim, dispute or controversy arising or concerning this site and/or this Agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration brought shall be held in San Diego, CA, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.