By using this website, you agree, without limitation or qualification, to be bound by, and to comply with these Terms and Conditions and any other posted guidelines or rules applicable to any individual Aceva website.
You acknowledge and agree that Aceva may terminate your access to the Aceva website or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Aceva. Any such termination shall be in Aceva's sole discretion and may occur with or without prior notice, written or verbal. Aceva further reserves the right to terminate any user's access to the Aceva Network or to any of the Products and Services for any conduct that Aceva, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Aceva or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws and or regulations. Aceva further reserves the right to terminate any user's access to the Aceva Network for any reason or for no reason at all, in Aceva's sole discretion, with or without prior notice, written or verbal.
All information contained on this website is copyright protected by Aceva, LLC. All rights reserved. The information contained on this website may not be copied, reproduced, published, distributed, broadcast or otherwise used for any purpose whatsoever without the prior written consent of Aceva.
No information on this website is intended as, or shall be construed as medical advice of any kind. Aceva is not responsible for typographical errors, editing errors, or news source errors. ACEVA STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ACEVA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ACEVA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. ACEVA SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACEVA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. ACEVA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. ACEVA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ACEVA MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY ACEVA.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ACEVA, LLC, ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ACEVA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, ACEVA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGH THE ACEVA WEBSITE.
UNDER NO CIRCUMSTANCES SHALL ACEVA OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Aceva may provide, or third parties may provide, links to other websites or resources located on the World Wide Web by allowing a user to leave the Aceva website to access third-party material or by bringing the third party material into this website via "inverse" hyperlinks and framing technology. Aceva has no control over such websites and resources. You acknowledge and agree that Aceva is not responsible for the availability of such external websites or resources, and does not endorse and is not held responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Aceva shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Aceva Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Aceva shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Aceva encourages you to exercise discretion while using any Products and Services. Aceva may produce automated search results or otherwise link you to websites containing information that some people may find inappropriate or offensive. Aceva makes no representations concerning any effort to review the content of any of the websites listed in automated search results, or of any of the websites otherwise linked to the Aceva websites. Aceva shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in websites listed in Aceva's search results or otherwise linked to Aceva websites or provided to the Aceva website by third parties.
Aceva offers a non-assignable, non-transferable, and non-exclusive license to link to the Aceva websites, using the Aceva logo and search boxes, subject to the following provisions. Aceva logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the Aceva website and allowing users of your website to access the Aceva website. Aceva logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Aceva. Aceva logos and search boxes may only be used in accordance with instructions found at the /Link-to-Aceva.html link, and may only be used in the exact size, shape, colors, design, and configuration as found on those website pages. Aceva logos and search boxes may not be altered in any manner. Aceva logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. Aceva logos and search boxes may not be used to disparage Aceva, its products or services, or in a manner which, in Aceva's reasonable judgment, may diminish or otherwise damage Aceva's good will in the Aceva logos. By using any such Aceva logo or search box, you acknowledge that Aceva has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of the Aceva. Aceva reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Aceva reserves the right to take action against any use that does not conform to these provisions.
Except as expressly provided, nothing within any of the WEBSITE shall be construed as conferring any license under any of the Aceva's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Aceva and the WEBSITE is protected by copyright, trademark, patent, or other proprietary rights of Aceva and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Aceva in connection with the WEBSITE. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Aceva, any of Aceva's affiliates, or any of Aceva's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Aceva of any purpose other than the purpose for which such Content is made available to users by Aceva. You agree not to defame or disparage Aceva, the trademarks or service marks of Aceva, or any aspect of the WEBSITE. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the WEBSITE or any software or programs used in connection with the WEBSITE or Aceva.
By using Aceva websites you agree to indemnify Aceva, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Aceva websites, your use of the WEBSITE, or your submission of ideas and/or related materials to Aceva or from any person's use of any account or password you maintain with any portion of the Aceva website, regardless of whether such use is authorized by you. By using the Aceva website, using the WEBSITE, or submitting any ideas and/or related materials to Aceva, you are hereby agreeing to release Aceva and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the WEBSITE or to any disputes regarding use of ideas and/or related materials submitted to Aceva. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Aceva WEBSITE must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
Aceva publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. Aceva transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
Aceva has no intention to compete with the original copyrighted content. Rather, it is Aceva's intention to promote such content and deliver readers to such content. Accordingly, when Aceva cites a copyrighted work for commentary or criticism, Aceva acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which Aceva requests absolutely no payment or consideration.
It is the policy of Aceva to respond expeditiously to claims of intellectual property infringement. Aceva will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Aceva will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Aceva will terminate access for subscribers and account holders who are repeat infringers.
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal issues arising from or related to the use of the WEBSITE shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Peoria, IL. applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the WEBSITE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Peoria, IL, and judgment on the arbitration award may be entered into in any state or federal court in Peoria, IL. having jurisdiction thereof.
Aceva reserves the right to modify the WEBSITE from time to time, for any reason, and without notice, including the right to terminate the WEBSITE. Aceva reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Aceva's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Aceva website or in connection with the WEBSITE are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular website and any information available on or through the website or the respective content location at which those other provisions may be found.
Aceva's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Aceva.
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
These Terms and Conditions shall continue in effect for as long as you use the WEBSITE, unless specifically terminated earlier by Aceva. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
You consent to receive communications from Aceva concerning your use of the WEBSITE ("Communications"). The Communications may be those that Aceva is required to send to you by law concerning the WEBSITE ("Required Communications"). The Communications may also be those that Aceva sends to you for other reasons. You consent to receive Communications electronically. Aceva may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on the Aceva Website. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which Aceva sends Communications by visiting your account information page.
Aceva is always improving its WEBSITE and developing new features. If you have ideas regarding improvements or additions to ACEVA, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO ACEVA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO ACEVA, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO ACEVA THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT ACEVA IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY ACEVA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
No two discount opportunties can be used at the same time. However, the best discount will be applied. For instance, if you receive Preferred Pricing at 5% off retail and you have a coupon for $5 off any order of $20 or more then you will receive the $5 discount since it provides more savings and the Preferred Pricing will not be applied. Free shipping discount is applied to the final price of your order after coupons, preferred pricing and automatic reorder discounts are applied..
As a leading provider of high quality nutraceuticals, Aceva is focused on maintaining high margins for our resellers/distributors in addition to creating the industry’s best products. In order to provide the level of customer service that our customers expect, Aceva is committed to enforcing policies which allow our resellers/distributors to maintain high profit margins through the sale of our products. As a result, Aceva has an established Minimum Advertised Price (MAP) Policy that an authorized reseller/distributor must follow if they wish to advertise and sell Aceva products online. All Aceva authorized resellers/distributors must agree to the terms and conditions of this MAP Policy regardless of whether or not they intend to sell Aceva products online.
The Minimum Advertised Price (MAP) is the suggested retail price (SRP) that is set on the most recent publication of the Aceva Reseller Price list. Our MAP policy applies to those resellers/distributors who resell Aceva products online, including those who own, operate, or manage online e-storefronts, websites, clinics, or pharmacies. To maintain consistency and fairness, the MAP price for individual Aceva products may not be negotiated.
General GuidelinesThese guidelines apply to all products in the Aceva line, including future products. This MAP policy applies to the online advertised SRP of a product before shipping, handling, or additional charges are imposed. Our practitioner customers should be aware that our MAP policydoes notapply to the discounting of Aceva products when the discounting takes place inside the practitioner’s office to the practitioner’s patient base.
Advertising GuidelinesThe Minimum Advertised Price (MAP) for any Aceva products should not fall below the SRP as published on the most recent publication of the Aceva Reseller Price list. Although our resellers are not required to list prices in advertising, if a price is listed in any form of an advertisement it must be at or above the SRP. Aceva’s MAP policy applies to advertising placements in any type of media including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites) and internet placements on reseller’s own website.
Note: Coupon codes are permitted on a website or flyer as long as the advertised price of the product does not fall below it’s SRP. Also,itis nota violation to advertise that a customer may "call for price" or "email for price" on an advertisement as long as no price is listed and no automated call or "bounce-back" email is used in response.
Distributor/Reseller GuidelinesTo better protect our product integrity, all resellers/distributors of our products are responsible for the MAP policy compliance of their customers and any business entities to whom they are supplying. This includes disclosing all valid website information, domain addresses, and contact information of which the Aceva products are being sold.
Resellers/Distributors who resell Aceva products and have over ten (10) employees must provide the appropriate Prop 65 notice to all patients/customers in California and assume all liabilities associated with California’s Prop 65 notice requirements.
Failure to Comply with the MAP PolicyAt a minimum, violation of our MAP policy may result in the suspension of the reseller/distributor’s account. Violations must be remedied within 5 business days of receiving notification. In addition, Aceva reserves the right to discontinue selling its products to any customer who is affiliated with a website that is in violation of this MAP policy.
Aceva will issue a new Aceva Reseller Price list at the beginning of each calendar year. Pricing must be updated by February 1st of each year.
The implementation of this MAP policy is to aid in maintaining integrity, branding and the reputation of Aceva. By using the Aceva website and carrying the Aceva products; you confirm, understand and agree that you will comply with this policy. If you choose to decline and no longer use the Aceva website, please email Aceva's support team at firstname.lastname@example.org stating your request to decline the MAP policy.
Should you violate these Terms and Conditions or any other rights of Aceva and the Aceva website, Aceva reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on any and all of the Aceva Network websites.
We hope your enjoyment of ACEVA WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Aceva community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.