WELCOME TO WWW.VIVUSNUMEN.COM. THESE TERMS AND CONDITIONS (THE “GENERAL TERMS AND CONDITIONS OF USE”) GOVERN YOUR USE OF, ACCESS TO, AND PURCHASE OF PRODUCTS FROM WWW.VIVUSNUMEN.COM. BY USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE GENERAL TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
1. GENERAL
WWW.VIVUSNUMEN.COM IS THE PROPERTY OF VIVUS NUMEN, LLC, WITH REGISTERED OFFICES AT 10601 CLARENCE DR, FRISCO, TX 75033, UNITED STATES. (“VIVÜS NŪMEN.”).
2. OTHER SITE POLICIES
PLEASE REVIEW OUR GENERAL TERMS AND CONDITIONS OF SALE, RETURN POLICY AND PRIVACY POLICY (COLLECTIVELY, THE “SITE POLICIES"). ALL SITE POLICIES ARE INCORPORATED IN THESE GENERAL TERMS AND CONDITIONS OF USE BY THIS REFERENCE AND, THEREFORE, APPLY TO YOUR ACCESS TO, USE OF AND PURCHASE OF PRODUCTS FROM THIS SITE. IF YOU DO NOT AGREE TO OUR SITE POLICIES, PLEASE DO NOT USE THIS SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE SITE, THE SITE POLICIES, AND THESE GENERAL TERMS AND CONDITIONS OF USE AT ANY TIME. IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.
3. PURCHASE FOR PERSONAL USE ONLY
YOU MAY PURCHASE PRODUCTS ON THIS SITE ONLY FOR PERSONAL USE AND NOT FOR RESALE. BY PLACING YOUR ORDER, YOU CERTIFY THAT YOU ARE PURCHASING PRODUCTS FOR PERSONAL USE ONLY AND NOT FOR RESALE AND YOU ACCEPT OUR GENERAL TERMS AND CONDITIONS OF SALE. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
4. USER'S SUBMISSIONS
WE WELCOME YOUR COMMENTS AND FEEDBACK REGARDING THIS SITE, OUR PRODUCTS AND OUR SERVICES. WE DO NOT, HOWEVER, ACCEPT CONFIDENTIAL OR PROPRIETARY INFORMATION. ACCORDINGLY, ALL COMMENTS, FEEDBACK, REVIEWS, IDEAS, SUGGESTIONS, MATERIALS, IMAGES, INFORMATION AND OTHER SUBMISSIONS (COLLECTIVELY, THE “SUBMISSIONS”) DISCLOSED, SUBMITTED OR OFFERED TO THE PROVIDER VIA THIS SITE, OR OTHERWISE, ARE NOT CONFIDENTIAL. YOU REPRESENT AND WARRANT THAT ANY SUBMISSIONS THAT YOU SUBMIT TO THE PROVIDER ARE MADE IN COMPLIANCE WITH APPLICABLE LAWS, DO NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING PRIVACY AND INTELLECTUAL PROPERTY RIGHTS. BY DISCLOSING, SUBMITTING OR OFFERING ANY SUBMISSIONS TO THE PROVIDER, YOU GRANT THE PROVIDER AND VIVÜS NŪMEN. A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUB-LICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORK FROM, DISTRIBUTE, DISPLAY SUCH MATERIAL THROUGHOUT THE WORLD IN ANY MEDIA. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR ANY SUBMISSIONS YOU DISCLOSE, SUBMIT OR OFFER TO THE PROVIDER OR VIVÜS NŪMEN.
5. PRIVACY
WE RECOMMEND THAT YOU READ OUR PRIVACY POLICY, WHICH EXPLAINS OUR ONLINE PRIVACY PRACTICES.
6. COPYRIGHT
ALL CONTENT INCLUDED ON WWW.VIVUSNUMEN.COM, SUCH AS WORKS, IMAGES, PICTURES, DIALOGUES, MUSIC, SOUNDS, VIDEOS, DOCUMENTS, DRAWINGS, FIGURES, LOGOS, MENUS, WEB PAGES, GRAPHICS, COLORS, SCHEMES, TOOLS, FONTS, DESIGNS, DIAGRAMS, LAYOUTS, METHODS, PROCESSES, FUNCTIONS AND SOFTWARE (COLLECTIVELY, THE "CONTENT"), IS THE PROPERTY OF VIVÜS NŪMEN. OR ITS CONTENT SUPPLIERS AND IS PROTECTED BY NATIONAL AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY NOT REPRODUCE, PUBLISH, DISTRIBUTE, DISPLAY, MODIFY, CREATE DERIVATIVE WORK FROM, OR EXPLOIT IN ANY WAY, IN WHOLE OR IN PART, THE CONTENT WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF VIVÜS NŪMEN., OR ITS CONTENT SUPPLIERS, AS THE CASE MAY BE. VIVÜS NŪMEN. AND ITS CONTENT SUPPLIERS SHALL HAVE THE EXCLUSIVE RIGHT TO AUTHORIZE OR PROHIBIT IN THEIR SOLE DISCRETION ANY REPRODUCTION, PUBLICATION, DISTRIBUTION, DISPLAY, MODIFICATION, CREATION OF DERIVATIVE WORK FROM, OR EXPLOITATION IN ANY WAY OF, IN WHOLE OR IN PART, THE CONTENT. VIVÜS NŪMEN. AND ITS CONTENT SUPPLIERS SHALL HAVE THE RIGHT, AT ANY TIME, TO CLAIM THE AUTHORSHIP OF ANY CONTENT POSTED ON THIS SITE AND TO OBJECT TO ANY USE, DISTORTION OR OTHER MODIFICATION OF SUCH CONTENT. ANY REPRODUCTION, PUBLICATION, DISTRIBUTION, DISPLAY, MODIFICATION, CREATION OF DERIVATIVE WORK FROM, OR EXPLOITATION IN ANY WAY OF, THE CONTENT EXPRESSLY AUTHORIZED IN WRITING BY VIVÜS NŪMEN. OR ITS CONTENT SUPPLIERS SHALL BE CARRIED OUT BY YOU FOR LAWFUL PURPOSES ONLY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS.
7. LICENSE AND SITE ACCESS
THE VIEWING, PRINTING OR DOWNLOADING OF ANY CONTENT FROM THIS SITE GRANTS YOU ONLY A LIMITED, NON-EXCLUSIVE AND NON-TRANSFERABLE LICENSE FOR USE SOLELY BY YOU FOR YOUR OWN PERSONAL USE AND NOT FOR REPUBLICATION, DISTRIBUTION, ASSIGNMENT, SUBLICENSE, SALE, PREPARATION OF DERIVATIVE WORKS OR OTHER USE. NO PART OF ANY CONTENT MAY BE REPRODUCED IN ANY FORM OR INCORPORATED INTO ANY INFORMATION SYSTEM, ELECTRONIC OR MECHANICAL, OTHER THAN FOR YOUR PERSONAL USE (BUT NOT FOR RESALE OR REDISTRIBUTION). ANY UNAUTHORIZED USE OF THIS SITE AND THE CONTENT IMMEDIATELY TERMINATES THE LICENSE GRANTED BY THE PROVIDER.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL DAMAGES AND OTHER HARM RESULTING FROM YOUR USE OF THIS SITE AND THE CONTENT. VIVÜS NŪMEN. AND THE PROVIDER SHALL NOT BE DEEMED LIABLE FOR ANY USE OF THIS SITE AND THE CONTENT MADE BY YOU IN VIOLATION OF ANY APPLICABLE LAWS AND REGULATIONS AND THESE GENERAL TERMS AND CONDITIONS OF USE.
8. COPYRIGHT COMPLAINTS
WE RESPECT THE INTELLECTUAL PROPERTY OF OTHERS. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE CONTACT AN VIVÜS NŪMEN. COPYRIGHT REPRESENTATIVE FOR FURTHER INFORMATION. YOU MAY ALSO CONTACT OUR CUSTOMER CARE AND USE ‘PRIVACY’ AS THE SUBJECT .
9. LINKS TO OTHER WEBSITES
THIS SITE MAY PROVIDE HYPERLINKS TO THIRD PARTY WEBSITES (“THIRD PARTY WEBSITES"). THE PROVIDER AND VIVÜS NŪMEN. DO NOT OPERATE, CONTROL, ENDORSE OR GUARANTEE ANY THIRD PARTY WEBSITES. YOU AGREE THAT THE PROVIDER AND VIVÜS NŪMEN. ARE NOT RESPONSIBLE FOR ANY CONTENT, SERVICES AND/OR PRODUCTS PROVIDED BY ANY THIRD PARTY WEBSITE, NOR ARE THE PROVIDER AND VIVÜS NŪMEN. RESPONSIBLE FOR ANY PRACTICE FOLLOWED BY SUCH THIRD PARTY WEBSITE WITH RESPECT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA OF THEIR USERS. WHEN YOU ACCESS ANY THIRD PARTY WEBSITE THROUGH A HYPERLINK POSTED ON THIS SITE, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF USE, PRIVACY POLICY AND OTHER POLICIES OF SUCH THIRD PARTY WEBSITE. OUR POLICIES DO NOT APPLY TO ANY THIRD PARTY WEBSITE.
YOU THE PROVIDER PROVIDES HYPERLINKS TO THIRD PARTY WEBSITES ONLY FOR THE CONVENIENCE OF ITS USERS. BY PROVIDING HYPERLINKS TO THIRD PARTY WEBSITES, THE PROVIDER DOES NOT RECOMMEND THAT ITS USERS ACCESS SUCH THIRD PARTY WEBSITES.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR VIVÜS NŪMEN. LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
10. GOVERNING LAW AND CHOICE OF FORUM
THE LAWS OF THE STATE OF CALIFORNIA (WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES) GOVERN ALL MATTERS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE, INCLUDING, WITHOUT LIMITATION, THEIR VALIDITY, INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT. ALL LEGAL PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS AND CONDITIONS OF SALE SHALL BE BROUGHT SOLELY IN THE CITY OF LOS ANGELES, STATE OF CALIFORNIA.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR EMAIL SENT FROM THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.