Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  Aviisha Medical Institute, LLC ("Aviisha") provides its services to you subject to the following Terms and Conditions and to our Privacy Policy. If you visit or shop at Aviisha’s website, you accept these Terms and Conditions and our Privacy Policy. If you do not agree to be bound by all of these Terms and Conditions of use and by the Privacy Policy, please do not use or access this site.

The contents of this site, including the text, graphics, images, information obtained from Aviisha’s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers") and other material are to be used for informational purposes only. This website provides information, content, products, and services to assist users in their personal wellness efforts.   Nothing stated sold, or presented on this website is intended to be a substitute for professional medical advice, diagnosis, or treatment.  Aviisha is not a medical organization and its employees cannot give medical advice or diagnosis.  The information and products presented on this site or as a consequence of any contact with Aviisha is in no way intended as medical advice or as a substitute for medical treatment. This information and these products should be used only under the guidance and care of your physician.  Under all circumstances, you should consult your physician before beginning any program or utilizing any product based on your contact with Aviisha. Your physician can consider any medications you are taking and perform laboratory tests to allow for proper follow-up and to individualize your plan and care.  Information and reports generated by Aviisha should not be interpreted as a substitute for physician consultation, evaluation, or treatment.  Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition and any matter related to your health, wellness, and well-being.  The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. 

Privacy?

Please review our Privacy Policy, which also governs your visit to Aviisha’s website, to understand our practices.

Electronic Communications

When you visit our website, post on or send messages to us via our Facebook page, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Idea Submission Policy and Your Communications to Aviisha

Aviisha likes to communicate with consumers and hear what they think about our products. However, in your communications with Aviisha, please keep in mind that Aviisha does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Aviisha any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. Our creative departments are continuously launching new product, packaging and marketing ideas. Often, these ideas are in the developmental stage for years prior to actually being launched. If you choose to forward or transmit to Aviisha’s website by electronic mail or otherwise any suggestion-type communication or material, including any personal data, questions or answers, comments, suggestions, or the like, such materials will be treated as non-confidential and non-proprietary. Furthermore, Aviisha is free to use any ideas or concepts contained in any communication you send for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

License and Site Access

Aviisha grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Aviisha. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Aviisha. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aviisha without our express written consent. You may not use any metatags or any other hidden text utilizing Aviisha’s name or trademarks without the express written consent of Aviisha. Any unauthorized use terminates the permission or license granted by Aviisha.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Aviisha’s website so long as the link does not portray Aviisha, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Aviisha logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Aviisha and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Disclaimers and Limitation of Liability

Users of this site ("User") expressly agree that use of this site is at User's sole risk. Neither Aviisha, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents (collectively "Aviisha"), nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information or products offered on this site or the results that may be obtained from the use of the information or products offered on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.

Aviisha does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals, health information, and health-related products.

This[MSOffice1]  site is provided by Aviisha on an "as is" and "as available" basis. Aviisha makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or individuals included or listed on this site. To the fullest extent permissible by applicable law, Aviisha disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Aviisha or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on this website or the use of the information or the results of the use of the information provided on this site, even if aviisha online is expressly advised of the possibility of such damages. In no event shall Aviisha’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Aviisha, providers or the like, shall create a warranty; nor shall user rely on any such information or advice.

Under no circumstances shall Aviisha or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Third-Party Content

This Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). In the Content supplied by Users or third parties other than Aviisha, Aviisha is a distributor and not a publisher. Aviisha has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Aviisha are those of the respective authors or distributors and not of Aviisha. Neither Aviisha nor any third party, including any Provider, or any User of this Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or User not under contract with Aviisha. Aviisha neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized Aviisha’s employees. Under no circumstances shall Aviisha be liable for any loss, damage or harm caused by a User's reliance on information obtained through this site. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through this site.

Online Conduct

User agrees to use this Website only for lawful purposes. User is prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If Aviisha is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Aviisha may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Aviisha may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Aviisha, its Users or Providers.

Aviisha reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of Aviisha or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Aviisha nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Aviisha, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Website.

Links to Other Sites?

This site may reference or link to third-party sites throughout the World Wide Web. Aviisha has no control over these sites or the content within them. Aviisha cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Aviisha does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Aviisha does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against Aviisha for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

Copyrights

Copyright © 2009 Aviisha Medical Institute, LLC.  All materials and contents contained in this Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Aviisha Medical Institute, LLC or its content suppliers and are protected by United States and international copyright law. Aviisha Medical Institute, LLC enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

Trademarks

AVIISHA™, AVIISHA ONLINE™, the AVIISHA™ logo, and other marks indicated on this site are the exclusive property and trademarks of Aviisha Medical Institute, LLC.  Aviisha Medical Institute, LLC reserves all rights.  All other trademarks not owned by Aviisha Medical Institute, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aviisha Medical Institute, LLC, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Aviisha Medical Institute, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aviisha Medical Institutes, LLC and its affiliates.

Indemnity

You agree to defend, indemnify, and hold Aviisha and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.  You further agree to indemnify, hold harmless and, at Aviisha’s option, defend Aviisha and all affiliates, and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Aviisha website, any products or offerings obtained through the Aviisha website.

This site is created and controlled by Aviisha in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Aviisha reserves the right in its sole discretion to make changes to its site and these disclaimers, terms and conditions at any time, including changing, adding, or removing portions of these agreements.  Any revisions will be posted at least 10 days prior to its effective date. You should check these terms periodically for changes.  After you use the website following posted changes, you agree to accept those changes, whether or not you reviewed them. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.

Modification, and Severability?

Aviisha reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Waiver and Time

No waiver of any provision of these terms of use by Aviisha shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.  In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.”  You agree that any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, Aviisha or any related site, must be brought within one (1) year after the dispute, claim, or cause of action accrues; otherwise, such dispute, claim, or cause of action shall be permanently barred.