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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT

The entire content included in this site, including but not limited to test, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ActiLean, Inc. (hereinafter “ActiLean”) and/or Michael D. Myers, M.D. Inc. The collective work includes works that are licensed to ActiLean. Copyright 2009, 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 ActiLean or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific materials, 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 ActiLean or to purchase 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 ActiLean in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of ActiLean used in this site are trademarks or registered trademarks of ActiLean, Michael D. Myers, M.D., David A. Sack, M.D., Michael D. Myers M.D. Inc., or respective trademark owners.

PRODUCT ORDERS

While ActiLean will use its best efforts to fulfill all orders, ActiLean cannot guarantee the availability of any particular product displayed on this Site. ActiLean reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order, unless otherwise agreed to in writing.

While its goal is a 100% error-free Site, ActiLean does not guarantee that any content is accurate or complete, including price information and product specifications. If ActiLean discovers price errors, they will be corrected on ActiLean systems, and the corrected price will apply to your order. ActiLean reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

For further information about purchasing products from ActiLean, please read carefully our Product Return Policy set forth below.

PRODUCT RETURN POLICY

ActiLean products have a limited shelf-life and for safety reasons are non-returnable except under the terms set forth herein below. Any products that were received from ActiLean that were the wrong item or in a damaged or defective state must be reported within 5 days of receipt. ActiLean will replace a product that was received, damaged, or defective and reported within 10 days with an exact product replacement only. All returns must be pre-authorized by ActiLean, and a Return Merchandise Authorization (RMA) number must be obtained from ActiLean and included with any return. Call us at (562) 594-5020 to obtain an RMA number.

JURISDICTIONAL ISSUES

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 and indirectly arising out of or relating to this site (including, but not limited to, the purchase of ActiLean products) shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the site (including, but not limited to, the purchase of ActiLean products) must be commenced within one (1) year after the claim or cause of action arises. ActiLean’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. ActiLean may assign its rights and duties under this Agreement to any party at any time without notice to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ActiLean, 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.

REFERRAL RESOURCES/THIRD-PARTY LINKS

In an attempt to provide increased value to its visitors, ActiLean may link to sites operated by third-parties. However, even if the third-party is affiliated with ActiLean, ActiLean has no control over these linked sites, all of which have separate privacy and data collection practices independent of ActiLean. These linked sites are only for your convenience and therefore you access them at your own risk. With respect to any linked sites and any information or representations made therein, ActiLean disclaims making any warranties, either expressed or implied, and further disclaims any professional advice or competency. Nonetheless, ActiLean seeks to protect the integrity of its website and the links placed upon it and, therefore, requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF ACTILEAN OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY MEDICAL HEALTH OR INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NUTRITIONAL AND HEALTH INFORMATION

Information presented on this website is intended to impart general nutritional and health information. ActiLean is not engaged in rendering medical advice or services. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your own physician for medical advice or services.

DISCLAIMER OF WARRANTIES

ACTILEAN MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. ACTILEAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. ACTILEAN DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL NOT BE INTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. ACTILEAN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ACTILEAN DOES NOT GUARANTEE RESULTS REGARDING ITS PRODUCTS SOLD ON THIS WEBSITE. THE PRODUCTS SOLD ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. NONE OF THE STATEMENTS ON THIS WEBSITE REGARDING THE ACTILEAN PRODUCTS HAVE BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION (FDA).

LIMITATIONS OF LIABILITY

IN NO EVENT WILL ACTILEAN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (i) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (ii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (iii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF ACTILEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ACTILEAN’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Terms and Conditions effective date November 1, 2011