Agreement between user and physiquetea.com
Welcome to physiquetea.com. The physiquetea.com website (the “Site”) is comprised of various web pages operated by Via Alexante Enterprises, LLC (“Via Alexante”). physiquetea.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of physiquetea.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Physiquetea.com is a E-commerce site with the purpose of selling designer body shaping products and accompanying accessories.
Visiting physiquetea.com or sending emails to Via Alexante constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Via Alexante is not responsible for third party access to your account that results from theft or misappropriation of your account. Via Alexante and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Via Alexante does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use physiquetea.com only with permission of a parent or guardian.
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Links to third party sites/Third party services
physiquetea.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Via Alexante and Via Alexante is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Via Alexante is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Via Alexante of the site or any association with its operators.
Certain services made available via physiquetea.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the physiquetea.com domain, you hereby acknowledge and consent that Via Alexante may share such information and data with any third party with whom Via Alexante has a contractual relationship to provide the requested product, service or functionality on behalf of physiquetea.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Via Alexante or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Via Alexante content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Via Alexante and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Via Alexante or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Via Alexante has no obligation to monitor the Communication Services. However, Via Alexante reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Via Alexante reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Via Alexante reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Via Alexante’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Via Alexante does not control or endorse the content, messages or information found in any Communication Service and, therefore, Via Alexante specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Via Alexante spokespersons, and their views do not necessarily reflect those of Via Alexante.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to physiquetea.com or posted on any Via Alexante web page
Via Alexante does not claim ownership of the materials you provide to physiquetea.com (including feedback and suggestions) or post, upload, input or submit to any Via Alexante Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Via Alexante, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Via Alexante is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Via Alexante’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Via Alexante account to third party accounts. By connecting your Via Alexante account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Via Alexante from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Via Alexante Content accessed through physiquetea.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Via Alexante, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Via Alexante reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Via Alexante in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIA ALEXANTE ENTERPRISES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VIA ALEXANTE ENTERPRISES, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIA ALEXANTE ENTERPRISES, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Via Alexante reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Via Alexante as a result of this agreement or use of the Site. Via Alexante’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Via Alexante’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Via Alexante with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Via Alexante with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Via Alexante with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Via Alexante reserves the right, in its sole discretion, to change the Terms under which physiquetea.com is offered. The most current version of the Terms will supersede all previous versions. Via Alexante encourages you to periodically review the Terms to stay informed of our updates.
Via Alexante welcomes your questions or comments regarding the Terms:
Via Alexante Enterprises, LLC
Effective as of October 01, 2015
Collection of your Personal Information
Via Alexante may collect personally identifiable information, such as your name. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Via Alexante. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Via Alexante website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Via Alexante’s public message boards, this information may be collected and used by others.
Via Alexante encourages you to review the privacy statements of websites you choose to link to from Via Alexante so that you can understand how those websites collect, use and share your information. Via Alexante is not responsible for the privacy statements or other content on websites outside of the Via Alexante website.
Use of your Personal Information
Via Alexante collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Via Alexante may also use your personally identifiable information to inform you of other products or services available from Via Alexante and its affiliates. Via Alexante may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Via Alexante does not sell, rent or lease its customer lists to third parties.
Via Alexante may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Via Alexante, and they are required to maintain the confidentiality of your information.
Via Alexante may keep track of the websites and pages our users visit within Via Alexante, in order to determine what Via Alexante services are the most popular. This data is used to deliver customized content and advertising within Via Alexante to customers whose behavior indicates that they are interested in a particular subject area.
Via Alexante will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Via Alexante or the site; (b) protect and defend the rights or property of Via Alexante; and, (c) act under exigent circumstances to protect the personal safety of users of Via Alexante, or the public.
The Via Alexante website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Via Alexante pages, or register with Via Alexante site or services, a cookie helps Via Alexante to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Via Alexante website, the information you previously provided can be retrieved, so you can easily use the Via Alexante features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Via Alexante services or websites you visit.
Security of your Personal Information
Via Alexante secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
Via Alexante does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Disconnecting your Via Alexante Account from Third Party Websites
You will be able to connect your Via Alexante account to third party accounts. BY CONNECTING YOUR VIA ALEXANTE ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third-party websites by visiting their “My Account” page. Users may also contact us via email or telephone..
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Via Alexante by clicking the “unsubscribe button” on communications.
Changes to this Statement
Via Alexante will occasionally update this Statement of Privacy to reflect company and customer feedback. Via Alexante encourages you to periodically review this Statement to be informed of how Via Alexante is protecting your information.
Via Alexante welcomes your questions or comments regarding this Statement of Privacy. If you believe that Via Alexante has not adhered to this Statement, please contact Via Alexante at:
Via Alexante Enterprises, LLC
Effective as of October 01, 2015