January 2020

ReguFIT® 

Conditions of Use – User Agreement

1. This website (“Site”) is sponsored by OLIVA & SONS, INC. (“OLIVA & SONS”).  Access to and use of the Site is subject to the terms and conditions of this User Agreement and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.  OLIVA & SONS reserves the right to change these terms and conditions from time to time by updating this posting.  Except as may be prohibited by Texas law, any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

2. The terms and conditions of this User Agreement solely govern access to and use of the Site.  They do not relate to the purchase of any product displayed on the Site.  As such, the terms and conditions of this User Agreement do not constitute, in whole or in part, the terms and conditions of an offer to a consumer relating to the purchase of any product described or displayed on the Site and do not form a consumer contract or constitute a consumer warranty, notice or sign relating to the purchase of any such product.

3. The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, except where noted, are the property of OLIVA & SONS or its licensors and are protected by copyright, trademark, and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of OLIVA & SONS.  OLIVA & SONS will use reasonable efforts to include accurate and up-to-date information on this Site, but makes no warranties or representations as to its accuracy. This Site and its contents are designed to comply with U.S. laws and regulations. 

4. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPUED, INCLUDING, BUT NOT UMITED TO WARRANTIES OF TITLE OR IMPUED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH THIS SITE’S INFORMATION AND MATERIAL, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPUCABLE TO THIS USER AGREEMENT.  REGUMIX.COM FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE.  

5. TO THE EXTENT PERMITTED BY LAW, NEITHER OLIVA & SONS NOR ANY OF ITS SHAREHOLDERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABIUTY TO ACCESS OR USE, THIS SITE.

6. OLIVA & SONS IS IN NO WAY RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT IS POSTED, UPLOADED, CREATED ON, SHARED THROUGH, OR THAT OTHERWISE EXISTS ON ANY WEB PRESENCE OF OLIVA & SONS TO WHICH THESE TERMS APPLY.  OLIVA & SONS HAS NO LIABILITY TO YOU OR ANY OTHER PARTY FOR THE EXISTENCE OF OR THE TAKING DOWN OF ANY SUCH THIRD PARTY CONTENT. THIRD PARTY CONTENT DOES NOT REFLECT THE OPINIONS, BELIEFS, STATEMENTS, OR ACTIONS OF OLIVA & SONS, AND OLIVA & SONS SPECIFICALLY DISCLAIMS ALL LIABILITY STEMMING THEREFROM.

7.  OLIVA & SONS is not responsible for the content of any third-party sites that may be accessed through links on the Site.  Any such links are provided for your convenience only.  If you choose to click on any such links, you acknowledge and agree that you, not OLIVA & SONS, are displaying its contents and you access such linked sites at your own risk.  Any site accessed from the Site is independent from OLIVA & SONS and is not under the control of OLIVA & SONS.  Accordingly, OLIVA & SONS makes no representations concerning the accuracy, content or operation of such site and the provision of any link to such site is not an endorsement, authorization, sponsorship, affiliation or adoption of content by reference by OLIVA & SONS.  OLIVA & SONS is not a party to any agreement you become a party to or may become subject to as a result of your access of such third-party site.

8. OLIVA & SONS respects the intellectual property of others.  If any content uploaded to this Site infringes upon your proprietary copyrights, you may send us a notice as described in Section 512(c)(2) of the United States Copyright Code.  This process applies only to copyright issues.  Other issues (e.g., impersonation, violations of someone’s right of publicity, etc.) should be brought to our attention by contacting Oliva & Sons., Inc., Att’n: Consumer Relations, customerservice@olivaandsons.com, or 14808 Trend Dr., Dallas, Texas 75234.  OLIVA & SONS suggests that you consult your legal advisor before filing a notice pursuant to this section.  OLIVA & SONS may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.

9. This User Agreement and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas.

Consent to Receive Notices Electronically by Via Email

Notices to you may be made via e-mail, or in cases of changes to these terms and conditions or to the products offered by the Site, by posting notices or links to such notices on the Site itself.  If you have any questions or comments regarding these Terms and Conditions please contact us at customerservice@olivaandsons.com.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.  Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

No Professional Advice or Medical Information

This Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of this Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications.  As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

California Consumers – Proposition 65 requires sellers to notify California consumers of substances that are in many foods, plants, herbs and supplements with the following warning. WARNING: These products contain chemicals known to the State of California to cause birth defects or other reproductive harm.

The statements on this Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

Registration and Access Restrictions

You may be required to register for an account with us in order to use certain features of the Site.  If you elect to take advantage of such features, you must register through the Site by completing the applicable registration form to create your account with a unique username and password.  The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permits such updates; (c) use limited-access portions of the Site only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Site.  You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify OLIVA & SONS immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).  You hereby agree to indemnify, defend, and hold OLIVA & SONS and its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with OLIVA & SONS in the defense of any claim.  OLIVA & SONS reserves the right, at its expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Children’s Online Privacy Protection Act 

This website is directed to adults; it is not directed to children under the age of 13.  This Site is operated in compliance with the Children’s Online Privacy Protection Act, and OLIVA & SONS will not knowingly collect or use personal information from anyone under 13 years of age.

Privacy Policy

Your privacy is important to us. This privacy policy is intended to give you confidence in the privacy and security of the personal information we obtain from you whether you are using ReguFIT products (the “Products”), or are merely visiting this Site. 

However, please note that OLIVA & SONS is not responsible for any use of your personal information you provide to third-party applications or websites that may be accessed via the Sites. We recommend that you review the privacy policy of any third-party applications or websites that you use. 

Collection of Personal Information.  When you use our Products or the Site, you may be asked for personally identifiable information such as your name, address, date of birth, email address, telephone number.  By giving us such information, you will need to consent to our using it in the manner described in this policy.  You may withdraw your consent at any time by emailing us at hello@regufit.com. We will return or destroy your personal information within five (5) days of receipt of your withdrawal of consent.  Cookie information, pages you have requested and your IP address may also be recorded by us and/or third parties from your browser as set out in this policy. 

Use of Performance Data.  OLIVA & SONS will use performance data, including performance statistics, bug fixes and other similar data (“Performance Data”) uploaded to the Site or acquired through our Products.  OLIVA & SONS may use such Performance Data in any way, including, but not limited to, using, editing, altering, reproducing, publishing and/or distributing the Performance Data for any purpose, commercial or otherwise, provided that such Performance Data is stripped of all personally identifiable information. 

Use of Personal Information.  OLIVA & SONS may use personal information to allow us to process your service requests, provide access to privileged areas of the Site, if any, send out newsletters, personalize your visit to the Site, personalize your use of our Products, and enable us to improve the products and services it offers.  

Disclosure of Personal Information.  OLIVA & SONS may provide information about you to its employees and agents in order to administer any accounts, products and services provided to you through the Site.  OLIVA & SONS will not disclose your personal information to any third party unless you have consented to such disclosure or where it is required to do so by law. Should you breach our terms and conditions or terms of use or if OLIVA & SONS is under a duty to disclose or share your personal data in order to comply with any legal obligation, OLIVA & SONS may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Any disclosure of personal information will be strictly controlled and made fully in accordance with current U.S. law. 

Cookies.  Cookies are small data files that a website you visit may save on your computer or handheld device that usually includes an anonymous unique identifier. The Site may use cookies for user authentication, keeping track of your preferences, promotional campaigns, tracking our audience size and traffic patterns, and in certain other cases.  OLIVA & SONS may include small graphic images in its email messages to determine whether the messages were opened and the links were viewed.  Third-party advertisers may also create and access cookies, which will be subject to their privacy policies – we accept no responsibility or liability for the use of such third parties’ cookies. If you do not wish cookies to be placed on your PC or handheld device, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section.  Please note that permanently disabling cookies in your browser may hinder your use of the Site as well as other websites and interactive services.  

Security.  All security on the Site is treated seriously. Where applicable, OLIVA & SONS undertakes security steps on its back-end systems that store customer account information and to protect data transmissions.  However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures. If you have any further concerns about security, please email our Customer Service team at hello@regufit.com. 

Policy Changes.  Changes in this policy will be posted on the Site. You are advised to check the Site regularly to view OLIVA & SONS’ most recent privacy policy. 

Agreeing to Terms 

If you do not agree to these conditions as posted here on this Site, please do not use this Site or any services or products offered by this Site. Your use of this Site indicates acceptance of all terms and condition set forth herein.