TERMS AND CONDITIONS
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PO•TION LLC. The collective work includes works that are licensed to PO•TION LLC. Copyright 2012, PO•TION LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PO•TION LLC or purchasing PO•TION LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PO•TION LLC or to purchase PO•TION LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PO•TION LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
USE OF THE SITE:
Welcome to PO•TION LLC
The following is a list of the terms of service that govern the use of PO•TION LLC. Please read the below page carefully, as by using the website you are agreeing to abide by these terms. Please check this page often, as PO•TION LLC may change or modify our terms of service at any time without notice.
INFORMATION & CONTENT:
All material presented on PO•TION LLC, whether text, video, audio, or any other form is subject to intellectual property rights such as copyright, trademark and other property rights. This material is the property of the respected owners. All rights are expressly reserved. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.
PO•TION LLC website is designed for personal, non-commercial use. We would like to inform you that using any material or information from our site for any non-personal purpose could be considered illegal and may result in criminal or civil prosecution.
PO•TION LLC will not be held responsible in the event that you encounter material that you deem offensive, indecent or otherwise objectionable.
Errors, Mistakes and Missing Information
Despite our tireless efforts, PO•TION LLC cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issue, PO•TION LLC reserves the right to correct such error without notification. PO•TION LLC also reserves the right to cancel any order that may have been made under the pretense of such error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.
Please note that all customer feedback given to PO•TION LLC shall be considered the property of PO•TION LLC. This includes all customer communication, testimonials and contact information. By releasing this information to PO•TION LLC, you are hereby giving PO•TION LLC the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of PO•TION LLC.
SHOPPING PRODUCT USE & PAYMENT:
Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered.
USE BY MINORS:
To purchase a product from PO•TION LLC you must be the legal age of majority as stated by the law of the jurisdiction in which you reside.
By purchasing a product from PO•TION LLC you are agreeing to pay any and all charges associated with the purchased product.
PO•TION LLC reserves the right to limit quantities products. PO•TION LLC also reserves the right to eliminate products from our website, cancel orders or prohibit access to certain pages at any time.
PO•TION LLC shall not be held liable for any damages resulting from the misuse of any product. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. PO•TION LLC shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
You agree to indemnify, defend, and hold harmless PO•TION LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
PO•TION LLC will provide you with information about our products and the ingredients in them. While the information in these documents is believed to be reliable, it is for informational purposes only and has not been edited for FDA claims restrictions. This should be considered when using this information to develop marketing material. The recipient of these documents agrees to indemnify and hold harmless PO•TION LLC and its agents, for any and all regulatory action arising from the recipient’s use of any claims or information in any PO•TION LLC publication including but not limited to use in advertising, finished product label, or as evidence of the product claim substantiation to any regulatory authority.
SHIPPING & DELIVERY:
At this time, PO•TION LLC ships merchandise to locations globally. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. There is a special handling fee in the shipping costs for orders shipped outside the United States.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PO•TION LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PO•TION LLC products) must be commenced within one (1) year after the claim or cause of action arises. PO•TION LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PO•TION LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
PO•TION LLC or any affiliated party is not responsible for any damages, either in contract, warranty, tort (including passive or imputed negligence), product liability, strict liability or other theory, that may result from the use of our website.
Please note that the services provided by PO•TION LLC are available only on an as is and as available basis. PO•TION LLC is not responsible for any and all losses, whether direct or indirect, exceeding the price of the goods purchased.
PO•TION LLC may link to websites outside the control of PO•TION LLC. Please understand that a link should be in no way considered an endorsement of a website. PO•TION LLC cannot be held liable under any circumstances for any damages that may occur as a result of a user visiting a page through an outbound link.
It is illegal to use PO•TION LLC for any illegal or destructive purpose. This includes any use of the website that could result in damaging, disabling, overloading or in any other way compromising the website.
Accessing or attempting to access information not intentionally made available to you is illegal and may result in civil or criminal prosecution.
User’s Rights and Responsibilities
Misrepresenting your identity while using PO•TION LLC website will be considered a clear violation of our terms of service and may result in you being banned from the website and possibly civil or criminal prosecution.
As a user of PO•TION LLC, you are responsible for any monetary charges resulting from your use of the site. These fees include any claim, cause of action, demand, including but not limited to, legal, accounting and any other fees that result from the use of the website.
USER RIGHT TO TERMINATION:
You must agree to these terms of service in order to use PO•TION LLC. If you cannot or decide you do not want to agree with the Terms of Services displayed on this page, you are prohibited from using this website and should leave PO•TION LLC.com immediately.
SEVERABILITY: In the event that one or more of the provisions of PO•TION LLC s terms of service is regarded as unenforceable, the remaining provisions will continue to be in place and enforced to the greatest extent of the law.
APPLICABLE LAW: These terms of service, and furthermore, the use of PO•TION LLC.com shall be governed solely by the laws of the California and consequently the laws of
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of PO•TION LLC. Please feel free to contact us, if you have any questions regarding our terms of service.