Welcome and thank you for visiting this website, which is owned and operated by Qodiva, LLC (“Qodiva”). QODIVA maintains this website as a service to those in the internet community who are interested in its products, and it is intended to be informative, useful and fun. Access to and use of this website are subject to and governed by the terms and conditions set forth in it and all applicable laws. QODIVA may revise these terms and conditions from time to time, without notice, by updating this posting. Please use the Contact Us link if you have any questions, comments or concerns regarding this website.
Terms of Use
The following are terms and conditions that apply to your use of this website. BY USING THIS WEBSITE OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD FORMALLY SIGNED AND AGREED TO THEM IN WRITING. If you do not agree with any of these terms or conditions, please do not use this website.
Intellectual Property
You acknowledge and agree that all content and material on this website (“Contents”), including, but not limited to, text and images, is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights and laws. The Contents are owned by QODIVA, its affiliates, or other third parties from whom QODIVA has licensed certain legal rights. All product names, whether or not appearing in large print or with the trademark symbol are trademarks of QODIVA, its affiliates, related companies or its licensors or joint venture partners. Any use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may violate without limitation, copyright law, trademark law, the law of privacy and publicity, and communications regulations statutes.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION IT CONTAINS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QODIVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. QODIVA DOES NOT MAKE ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE, ERROR OR VIRUS FREE, OR THAT DEFECTS TO THIS WEBSITE, IF ANY, WILL BE CORRECTED. NOR DOES QODIVA MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE OR THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR AS A RESULT OF THIS WEBSITE.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL QODIVA, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES ARISING OUT OF, OR INABILITY TO USE, THIS WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON LAW OR IN EQUITY, OR WHETHER ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS EVEN IF QODIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING LAW, QODIVA’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by QODIVA, you agree to defend, indemnify and hold harmless QODIVA and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this website. QODIVA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with QODIVA in asserting any available defenses.
Dated Material Disclaimer
QODIVA will use reasonable efforts to include accurate and up-to-date information on this website. However, the passage of time can render information contained in, or linked to, this website outdated. You should consider the dates of issuance of all items and information contained in, or linked to, this website. You agree that QODIVA is not responsible or liable for any misimpressions that may result from your reading dated material. QODIVA does not undertake any duty to update, supplement, correct, comment on or modify any information contained on this website or any website to which it is linked.
Health Information Disclaimer; Use of Products
Any medical or health related information provided in this website is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider. You should not use the Contents of this website for diagnosing a health or fitness problem or disease, but should always consult a physician or medical advisor. All QODIVA products should be used as directed in accordance with instructions provided on the packaging of the product. Before using any medication or supplement, read all label information and keep the carton. It contains important information.
Links to Other Websites
We have provided links to other websites that we thought might be of interest or useful to you. If you access any of these linked websites, you may leave this website. You agree that if you visit any linked website, you do so at your own risk. QODIVA makes no warranty or representation regarding the content on any linked website. We encourage you to read the privacy policies and terms of use of any website that you link to from this website.
Links do not imply that QODIVA sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted work displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyrighted work of QODIVA. You agree that QODIVA is not responsible or liable for the availability of, or content on, other websites or for supplementing, updating or correcting information contained on other websites.
International Use
QODIVA controls and operates this website from the company’s headquarters in Orlando, Florida. As a result, QODIVA makes no representation that materials on this website are appropriate or available for use in locations outside the United States. Each claim or statement about effectiveness of QODIVA products and/or each claim or statement comparing the effectiveness of QODIVA products to the effectiveness of other products is expressly limited to the United States unless otherwise specified in the website. Accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws.
Use of Communications and User Submissions
QODIVA controls and operates this website from the company’s headquarters in Orlando, Florida. As a result, QODIVA makes no representation that materials on this website are appropriate or available for use in locations outside the United States. Each claim or statement about effectiveness of QODIVA products and/or each claim or statement comparing the effectiveness of QODIVA products to the effectiveness of other products is expressly limited to the United States unless otherwise specified in the website. Accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws.
Other Terms and Conditions
These Terms of Use, and the agreement they create, shall be interpreted in accordance with and governed by the laws of the State of Florida (without applying the state’s conflict of laws provisions). You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Florida state courts or the United States District Court for the Middle District of Florida with respect to any claims, demands or causes of action arising out of or related to these Terms of Use or your use of this website.
If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between you and QODIVA regarding your use of this website. No advice or information, whether oral or written, obtained by you from QODIVA shall alter the terms of this Agreement. You should check, however, our Privacy Policy for additional terms that form part of this Agreement.
You agree that failure by QODIVA to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Privacy Policy
QODIVA respects the privacy of every individual who visits this website and is sensitive to privacy issues on the internet. We believe it is important that you know how we treat the information we receive from you through this website. Therefore, this privacy policy outlines the information that we may collect from you and how we may use that information.
Information We Collect
In general, we have designed this website to minimize the amount of personal information collected and request only the information that is required to ensure that visitors can effectively participate in our activities and events. No personal information is collected from visitors to this website unless you provide it to us voluntarily and knowingly. On this website, you may be able to enter contests, subscribe to services or otherwise respond to certain offers and opportunities. In order to accomplish this, it may be necessary for you to voluntarily provide some of the following types of personally identifiable information: name, address, e-mail address, telephone number, fax number, and information about your interests and use of various products, programs and services.
We also may collect certain non-personally identifiable information when you visit one of our websites, as part of the standard operation of our server, by using Cookie Technology. This technology does not personally identify you or extract any information from your computer. Rather, Cookie Technology is used to provide an enhanced online experience, to measure and monitor the use of our website and to improve its design and content. The information this technology collects may include: the name of your Internet service provider, the date and time you accessed the website, the Internet address of the website from which you enter our website and where you go after you leave our website. Data that would personally identify you is known only when voluntarily submitted.
How We Use Information
If you voluntarily provide us with any requested information, we generally use that information for internal purposes only. For example, we may use this information to communicate directly with you, such as to respond to your inquiries, to inform you when you have won one of our contests, or to offer you additional information about our products, programs, services, promotions or offers that we believe may be of interest to you. Such responses will include information on how to opt out from receiving further information or services.
Certain information we receive online may on occasion be combined with our other records to enhance our ability to market those products or services we believe may be of interest to you. We never sell, rent or otherwise share any personal information we obtain with third parties, unless we have notified you at an e-mail address you provided that we intend to do so and have provided you with an opportunity to request that we not do so.
We may have to disclose personally identifiable information in response to legal requests, for example court orders, subpoenas or specific requests from law enforcement agencies. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this policy. We have, however, put in place appropriate physical, electronic and administrative safeguards to help prevent the unauthorized access and use of the information we collect online.
Children’s Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. QODIVA encourages parents to use the internet with their children. To make a child’s online experience safer, we recommend that parents teach children never to give personal information, unless supervised by a parent or a responsible adult.
DISCLAIMER
Qodiva, LLC maintains this Internet site as a service to the internet community. Access and use of this site are subject to the terms and conditions set forth herein and all applicable laws. Qodiva may revise these terms and conditions from time to time by updating this posting.
Qodica LLC invites the Internet user community to browse and peruse this site for the purpose of personal entertainment, information and education. The health information contained herein is provided for educational purposes only and is not intended to replace discussions with a healthcare provider.
The entire content (images and text) of this site is copyrighted and may not be distributed, downloaded, modified, reused, re-posted or otherwise used except as provided herein without the express written permission of Qodiva.
Qodiva will use reasonable efforts to include accurate and up-to-date information on this site but Qodiva makes no warranties or representations as to its accuracy. All users agree that all access and use of this site and the content thereof is at their own risk. Neither Qodiva nor any party involved in creating, producing or delivering this site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use this site, or any errors or omissions in the content thereof.
All product names, whether or not appearing in large print or with the trademark symbol are trademarks of Qodiva, LLC, its affiliates, related companies or its licensors or joint venture partners. Any use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may violate without limitation copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that Qodiva actively and aggressively enforces its intellectual property rights to the fullest extent of law.
YOUR ACCOUNT
When you set up an account with Qodiva (your “Account”), you are required to provide certain information, including your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. We have no obligation to investigate the authorization or source of any such access or use of the Site and Services.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACCESS AND USE OF YOUR ACCOUNT INFORMATION AND ALL PURCHASES AND ACTIVITIES THAT OCCUR UNDER OR IN CONNECTION WITH THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS), WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU.
Please notify us immediately if you become aware that your Account Information is being used without authorization, or any other breach or threatened breach of this Site’s security.
In registering an Account on the Site or making a purchase through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) or any other prompts; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By registering an Account or making a purchase through the Services, you represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site; (c) do not have more than one (1) Account at any given time for the Site; (d) are not a person barred from using the Site or Services under the laws of the United States, your place of residence or any other applicable jurisdiction; and (e) you will only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) or purchase of any product. You agree not to register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and Services by minors.
At the time of your first order, we will request shipping and payment information for your chosen payment method. You agree that if your payment information changes (e.g., card number, expiration date or other card details) we may update your payment information with information your bank or credit card issuer or our payment processor may supply to us, or other information available to us, and continue to charge your payment method.
PURCHASE OF PRODUCTS
Products and Services. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
Order Acceptance. Each part of any order that you submit to Qodiva constitutes an offer to purchase. If you do not receive a message from Qodiva confirming receipt of your order, please contact our customer service department at qodivallc@gmx.com before re-entering your order. Qodiva’s confirmation of receipt of your order does not constitute Qodiva's acceptance of your order. Qodiva is only deemed to have accepted your order once the product(s) you ordered have been shipped.
Order Issues. We reserve the right to cancel any order or refuse any purchase made through our Site.
No Resale. All purchases of products and services through the Site are for personal, non-commercial use only and you agree not to resell product without expressed written consent from Qodiva. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is expressly prohibited.
International Shipping. We make no guarantees that we will be able to ship to you if you reside outside the United States. Please contact us at qodivallc@gmx.com if you have any questions about whether we ship to your location. Before your package can be released to you for delivery, you may have to pay customs charges and any import fees before your local postal service releases your package. Please be aware that we do not collect these charges and that it is your responsibility to pay these fees to your local agency. For more information or an estimate, please contact your local customs office to determine what the charges would be for “Food Supplements for Personal Use” (HS Tariff Code: 2016.90) based on the value of your total purchase.
SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION
By signing up for a subscription, your subscription will automatically renew on the first day following the end of such subscription period indicated on your Order Summary (each a “Renewal Commencement Date”) and continue for an additional period equal to the number of days of your initial subscription period, at our price for such subscription, plus applicable shipping and taxes. You agree that your account will be subject to this automatic renewal feature unless you (i) defer your next order or (ii) cancel your subscription. You can cancel at any time from your account page, until the day your next subscription period begins to prevent renewal charges but you will not receive a refund for the remainder of your then-current subscription period. Upon the expiration of your deferral period, your subscription shall again be subject to the automatic renewal process described above.
By subscribing, you authorize us to charge your payment provider for your initial subscription period, and again at the beginning of any subsequent subscription renewal period for the fees agreed upon. Your charges may change if we change our pricing with notice to you. If you choose to cancel your subscription at any time, your subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
BILLING AND PAYMENTS
Payment. You agree to pay all order fees or other charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuer accepted by us) or PayPal account (“Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement to determine your rights and liabilities. By providing Company with your credit card number or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information and we may also obtain updated information from your issuing bank, card network or our payment processor. You agree we may continue to charge your payment method following any such update. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
Taxes. You may be charged tax, if applicable. You agree to pay all applicable taxes.
Third Party Provider. We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize us and our third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact qodivallc@gmx.com.
Disputes. Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Notices of billing disputes should be directed to the following address: ________________.
Returns. If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange up to 30 days from the date of purchase. Any product you return must be in the same condition you received it and in the original packaging. To request a return, please contact us at: qodivallc@gmx.com.