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Terms of Use & Privacy
Policy
Effective May, 2007 Last Updated June 30, 2007
TheBodyEnlightenmentSystem.com Web Site is a Web page
operated by THE RAW DIVAS. Our Web Sites are offered to you conditioned
on your acceptance, without modification, of the terms, conditions,
and notices contained herein. Your use of TheBodyEnlightenmentSystem.com
Web Site constitutes your agreement to all such terms, conditions,
and notices. The Terms of Use and Privacy Policy agreement may change
from time to time. Visitors have an affirmative duty, as part of
the consideration for permission to view this website, to keep themselves
informed of changes. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS
AND CONDITIONS, PLEASE EXIT THE THERAWDIVAS.COM.
The Terms of Use and Privacy Policy cover all visitors
to this website, all subscribers to lists, contests, or newsletters
whether paid or unpaid, all members or affiliates whether paid or
unpaid, all communication tool participants, and all customers.
Persons who visit or view this website, subscribe to lists or newsletters,
join an organization or marketing endeavor promoted by this website,
purchase products sold by or advertised on this website, even at
no cost, are described herein as "Visitors" and are parties
to these terms. The website, its agents, owners, operators, and
employees are referred to collectively herein as "Website,"
"Site," and/or "Seller".
CONTENT
User acknowledges and agrees that Material and Information are provided
by THE RAW DIVAS on an "as is" basis without any representations
or warranties whatsoever, including representations express or implied
by law or trade practice regarding quality, accuracy, sufficiency,
or non-infringement. Material and Information are not to be relied
on by User, and may be changed by THE RAW DIVAS at any time without
notice. THE RAW DIVAS has not warranted that access to the TheBodyEnlightenmentSystem.com
and Material and Information will be error free or uninterrupted.
DENIAL OF USE
THE RAW DIVAS reserves the right to deny access to any Visitor for
any reason. THE RAW DIVAS may collect and store data and information
for the purpose of exclusion and for many other uses. All persons
under the age of 18 are denied access to this website. if you are
under 18 years of age, it is unlawful for you to visit, read, or
interact with this website or its contents in any manner. This website
specifically denies access to any individual that is covered by
The Child Online Privacy Act (COPA) of 1998.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF
THIS WEBSITE
The website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful unless
it is done with express contract or permission of the website.
USE OF COMMUNICATION TOOLS
TheRawDivas.com and its associated web sites 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, you agree to use these communication tools only to
post, send and receive messages and material that are proper and
related to the particular communication tool.
Visitors who use any site provided communication tool
do so at their own risk. By way of example, and not as a limitation,
you agree that when using such a service, you will not:
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Harass, threaten,
embarrass, or cause distress or discomfort upon another participant,
user, or other individual. |
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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. |
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Upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage
the operation of another user's computer. |
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Advertise or offer to sell or buy any goods or
services for any business purpose, unless such specifically
allowed in forum. |
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Conduct or forward surveys, contests, pyramid
schemes or chain letters. |
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Download any file posted by another user that
you know, or reasonably should know, cannot be legally distributed
in such manner. |
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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. |
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Restrict or inhibit any other user from using
and enjoying the Tool. |
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Violate any code of conduct or other guidelines
which may be applicable for any particular communication service. |
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Impersonate any person, including
but not limited to, a site representative, discussion forum
leader, guide, or host. |
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Collect information about others,
including e-mail addresses, without their consent. |
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Violate any applicable laws or regulations.
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TheRawDivas.com reserves the right to review
materials posted to a communication service and to remove any
materials in its sole discretion. |
THE RAW DIVAS reserve 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 THE RAW DIVAS sole discretion.
Please use caution when giving out any personally
identifying information about yourself or your children in any communication
service. THE RAW DIVAS does not control or endorse the content,
messages or information found in any communication tool.THE RAW
DIVAS specifically disclaims any liability with regard to the communication
tools and any actions resulting from your participation in any service.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All submissions,
including portions, or any of the content of the submission contained
therein, shall become the exclusive property of the Website and
may be used, without further permission, for commercial use without
additional consideration of any kind. Visitor agrees to only communicate
that information to the Website, which it wishes to forever allow
the Website to use in any manner as it sees fit.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT
IS USED
This website routinely collects information about its visitors,
subscribers, members, and customers. This information is obtained
in various ways, such as:
VISITOR INFORMATION OBTAINED FROM 'REGISTRATION'
Registration means that the Visitor takes active, positive steps
to communicate information to this website. This can include pages
or 'pop ups' where you register for a newsletter, contest or subscribe
to a mailing list; it can include your participation in visitor
surveys; requesting information from the website via email, mail,
or courier; it may be from joining an affiliate program or other
membership organization, paid or unpaid; it may be from ordering
a product.
Occasionally complete credit card information may
be provided to the website via fax or a fill-in form rather than
regular secure merchant service processing. This information is
kept at the highest level of security and is never divulged to anyone
except the merchant service provider or for the purpose of communication
with the customer.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided by shopping
cart services supporting merchant service companies like Visa and
Master Card provides information to the website but does not provide
complete credit card numbers. In the process of online ordering,
the customer provides, name, address, city, state, email address,
phone number, CVV2 (back of card) number, and, occasionally a member
password. You should consider all this information available to
the website. This information is used to deliver the product, but
under the Purchase Agreement you also approve its use for general
solicitation purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH
BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising,
appearing on this website must assume that information is being
collected about them. This site is not responsible for the use of
information collected in such a fashion. Visitors must assume that
information will be collected, that 'cookies' will usually be placed
on their hard drive, that website does not have any control over
what happens with this information, that website takes no responsibility
over the accuracy or content of advertisers, that website is not
responsible for downloads from third party advertisers that contain
viruses or worms or other computer code that causes their computer
or software harm, and that website assumes no responsibility for
the data that is garnered from the click itself or that the advertiser
collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the
url or one of our web pages to a friend, you must assume that some
data is collected about your IP address, your email address and
that of your friend. Referred emails or web pages may appear to
come from your email. You must accept full responsibility for referring
pages or email to a friend and agree to indemnify this site for
any damage, intentional or unintentional that results from said
referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR SURVEYS OR CONTESTS
Unless otherwise specified in the survey or contest, you must assume
that any information provided to the website as part of a survey
or contest in which you participate may be used for general solicitation
for commercial purposes and that such information may be shared
with joint venture partners or used by the site itself for product
design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
"Cookies" is web jargon for bits of computer code placed
on your hard drive. Websites use this to keep you 'logged in', to
keep track of search criteria, to monitor use, to password protect
use of the site or use of products sold by the site. Cookies can
also be used to obtain information about your computer configuration
or your use of your computer.
Cookies can be used to electronically gather information
about you, which may or may not be personal information. By using
this site you are expressly giving permission for use of 'cookies'
and use of the information gathered from them. You also give permission
to collect, archive, retrieve, and use any information collected
for product design, product offers to you, and general commercial
solicitation purposes by this site.
HOW INFORMATION MAY BE USED
Any information collected may include your name, address, phone
number, email address and buying habits, as well as other information.
This information may be used for general commercial solicitation
by this website only.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually
known to the website. However, in the event that it is made known,
that information is never revealed to anyone except to processing
authorities or law enforcement agencies. However, the provider of
such information gives express permission to use it in fraud investigation
or for litigation.
The Raw Divas will never sell or give your information
to other companies, websites, or marketing groups without your permission.
SPAM
By providing to this website information that forms the basis of
communication with you, such as an email address, you waive all
rights to file complaints concerning unsolicited email or spam from
this website since, by providing such information, you agree to
receive communication from us. However, all email communication
with you shall contain an 'unsubscribe' link where you may notify
the website that you no longer wish to receive solicitations or
information from the website and your name will be removed from
the general solicitation database.
DATA SECURITY
This website takes measures to protect its data that contains information
related to you. However, as a consideration for viewing this site
or interacting with this site in any manner, you waive all claims
of any nature against this site concerning the loss, alteration,
or misuse of information. You must assume that it is possible for
your personal data to be obtained by others, such as "hackers,"
and used in an inappropriate manner that may cause you harm and
that you agree that the site is not responsible for damages to you.
LIABILITY AND INDEMNIFICATION
THE RAW DIVAS will not be responsible or liable and expressly disclaims
any liability for any damage or loss, including direct, indirect,
incidental, and consequential damages, however caused, arising out
of or related directly or indirectly to the use of the Material
and Information, or the TheRawDivas.com, TheBodyEnlightenmentSystem.com,
or any other URL address which is linked to the TheRawDivas.com,
whether based on contract, negligence or other tort claim, even
if THE RAW DIVAS has been informed of the possibility of such damage
or loss. By using the Materials and Information and accessing the
TheRawDivas.com, User assumes all risk of loss or damage. In the
event of damage caused by the Visitor, the Visitor agrees to reimburse
the website for any and all financial costs associated with said
damage.
DISPUTES
As part of the consideration that the Website requires for viewing,
using or interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM")
of any kind (whether in contract, tort or otherwise) arising out
of or relating to purchase, product, solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules
of the American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration Association.
Information about the American Arbitration Association, its rules,
and its forms are available from the American Arbitration Association,
335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing
will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber
or customer have the right to go to court or have a jury trial.
Viewer, visitor, member, subscriber or customer will not have the
right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim subject
to arbitration; the arbitrator's decision will be final and binding
with limited rights of appeal.
The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees, travel
expenses.
JURISDICTION, VENUE, AND APPLICABLE LAW
If any matter shall be brought before a court of law, pre- or post-arbitration,
Visitor agrees that the sole and proper jurisdiction be the state
and city declared in the contact information of the web owner unless
otherwise here specified. In the event that litigation is in a federal
court, the proper court shall be the closest federal court to the
Seller's address. Viewer, visitor, member, subscriber or customer
agrees that the applicable law to be applied shall, in all cases,
be that of the state of the Seller.
CONTACT INFORMATION
The Raw Divas
22166 Bella Lago Dr., #807
Boca Raton, FL 33433
USA
COPYRIGHT AND TRADEMARK NOTICES
All contents of the TheBodyEnlightenmentSystem.com Web Site and/or
its suppliers are copyrighted and all rights reserved. The names
of actual companies and products mentioned may be the trademarks
of their respective owners. Any rights not expressly granted herein
are reserved.
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