Terms of Use
Welcome to the Etolix.com website www.Etolix.com (the “Website”). From Etolix LLC. (“Etolix” or “us”). You (the “User” or “customer”) requested access to the Website, the services (defined below) we provide through the Website and the information, images, graphics, data, text, files, links, photographs, graphics, video, messages, software, communications, content, organization, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code and other content related to the website (collectively, “Content”). By accessing or using this website, you agree to these terms of use, conditions and all applicable laws without modification to these Terms of Use. If you do not agree to these terms, you may not use the website.
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MODIFICATION OF THE TERMS OF USE
We may add, change or delete any part, term or condition of this Agreement, at any time and without notice. We reserve the right to change the terms and conditions. You are responsible for regularly reviewing these terms and conditions. By continuing to access and use the Site, you are indicating your acceptance of such changes.
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ACCESS
We reserve the right, in our sole and absolute discretion, to terminate, modify, suspend or discontinue your access to the website, with or without notice. We also reserve the right to charge fees in connection with the use of the website and to modify or cancel any fees charged in connection with the website. You agree that, ETOLIX will not be liable to you or to a third party for any modification, suspension or interruption of the website, or any service or product offered through the website.
We reserve the right to refuse, limit or cancel any order you make with us, and to make certain products, promotions or offers available only to classes or types of buyers, such as consumers and professionals. We may, at our sole discretion, limit or cancel the amounts purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and orders that use the same billing or shipping address.
If we make a change or cancel an order, we will try to notify you by contacting the email, billing address or telephone number provided at the time the order was placed.
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PRIVACY
Our Privacy Policy is incorporated by reference in this Agreement and is part of these ETOLIX Terms of Use.
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CONDUCT
You represent and warrant that (a) you are at least 18 years of age, (b) your use of the Website and Content is lawful and does not violate any law or rule of the jurisdictions in which you reside or of which you use or access the Website, (c) all information (if applicable) provided by you to us is correct, (d) you have the legal right and ability to participate in these Terms of Use, (e) your use of the Website and Content must be in accordance with these Terms of Use (and if you are a distributor of ETOLIX, the Agreement and Policies and Procedures), (f) your use of the Website and Content shall be in accordance with all laws and regulations, (g) you are able to assume any risk related to the use of the website and the content, and (h) you understand and accept the terms, conditions and risks related to the use of the website and the content.
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POLICY ON THE RETURN
All sales made through the website are subject to ETOLIX’s Return Policy, which is incorporated as a reference in this Agreement. ETOLIX does not accept refunds for products purchased from the Online Store. Products purchased from the online store cannot be returned to the ETOLIX distributor who sells ETOLIX products.
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METHODS OF PAYMENT
ETOLIX only accepts credit and debit card payments (Visa, Mastercard, American Express and Discover). We will charge your credit card when we send you all or part of your order. All sales and payments will be in US dollars.
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RIGHTS
The term “Website Information” refers to all information, text, images, sound, graphics, video, data and other content provided by ETOLIX, its licensors and other third parties displayed on the website, with the exception of any user comment (defined in the “User Comments” section below). You hereby expressly acknowledge that ETOLIX or its licensors own all legal rights, titles and interests in the information on the website, including, but not limited to, text, software, scripts, graphics, photos, sounds, music, videos, interactive and similar features and, each and every other proprietary right, contained in or related to the Website Information, including, but not limited to, trademarks, service marks, logos, patent rights and copyright. ETOLIX reserves all rights not expressly granted on and for the website and website information.
Non-professional users: If you are a consumer or other non-professional user of the website, you are authorized to access and use the website, and the information of the website as set out in this Agreement, provided that: the use of the website and the information on the website as permitted below is for personal and non-commercial use only; it shall not copy, distribute or transfer any part of the website in any medium without the prior written approval of ETOLIX; shall not alter, adapt or otherwise modify any part of the website other than what is reasonably necessary to use that part of the website for the intended purpose; and, otherwise, shall comply fully with the terms and conditions of this Agreement and the applicable law.
Professional User: If you are a licensed professional user, you are authorized to access and use the website and website information, as set out in this Agreement, provided you do not copy, distribute or transfer any part of the website in any medium, without prior approval from ETOLIX; therefore, it shall not alter, adapt or otherwise modify any part of the website that is not reasonably necessary to use that part of the website for its intended purpose and, you shall comply in full with the terms and conditions of this Agreement and applicable law.
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CONTENT OF THE USER
The website, now or in the future, may allow you to submit content as product reviews and reviews (“User Comments”). All user comments you submit may be available to the public for other visitors to the website. ETOLIX cannot and does not guarantee the confidentiality, or the safety of User Comments and does not guarantee, nor does it verify, the accuracy of user comments.
You are solely responsible for the User’s Comments you submit and the consequences of posting or posting them (THIS IS REPEATED). Any material, information or idea sent or published on this website by you will be considered non-confidential and not proprietary. ETOLIX may share or use your submission for any purpose without your consent.
While we are not obliged to do so, we reserve the right to reject or delete any User Comment from the website for any reason or, without reason, and we expressly reserve the right to reject or delete any User content (1) that we reasonably consider to be in violation of this Agreement or, is unlawful or objectionable; (2) to respond to any notice sent pursuant to our Withdrawal Notice and the Millennium Digital Copyright Act; and (3) to comply with any citation; order or cooperation with law enforcement officials regarding the identification of any user who is allegedly using the website in violation of the law.
With respect to all communications you make to ETOLIX, including, among others, comments, questions, suggestions and the like: (a) you will not be entitled to confidentiality in your communications and ETOLIX, you will not be obliged to protect your communications from disclosure; (b) ETOLIX shall be free to reproduce, use, disclose and distribute its communications to others without limitation; and (c) ETOLIX shall be free to use any idea, concept, knowledge, content or technique of its communications for any purpose, including, but not limited to: the development, production and marketing of products and services incorporating such information.
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COMPENSATION
You must indemnify, defend and retain ETOLIX, our affiliates and our owners, directors, employees, subcontractors, information providers, suppliers, attorneys, agents, parents, subsidiaries and affiliates, and the owners, officials, directors, employees, subcontractors, attorneys, agents, parents, subsidiaries and affiliates of each of them (collectively, “our Affiliate Parties”) free of any liability, loss, claim, damage, judgment, cost or expense, including, but not limited to, reasonable attorney fees, related to your breach of any of these Terms and Conditions or use of the website or content. We do not have the duty to refund, defend, indemnify or disclaim liability to you as a result of, related to, or derived from these Terms and Conditions, the website, or your access to or use of the website or content.
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COPYRIGHT
The content, organization, compilation, compilation, magnetic translation, digital conversion and other matters related to the Online Store are protected by applicable copyright trademarks and other proprietary exclusive rights (including, inter alia, intellectual property). All trademarks, service marks, trade names and copyrights displayed on the website or, in the content, are the property of ETOLIX or its respective owners. You do not acquire any rights, or licenses, to trademarks, service marks, trade names or copyrights displayed on the website. You may not reproduce, republish, distribute, assign, retransmit, sell or prepare works derived from the website or content, or resell or make our services available to others. It is prohibited to use or publish such content, or any part of the Online Store.
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ERRORS OF WEB SITES
There may be information on our website that contains typographical errors that may relate to products, descriptions, prices, promotions, availability or offers. We reserve the right to correct such errors at any time, without notice, and correct the information or cancel orders for all and any inaccurate information, including but not limited, after an order has been placed. If your credit or debit card has already been charged for an order that is subsequently cancelled, ETOLIX will issue a credit to your credit or debit card account.
SECURITY
Credit card information entered into the Online Store is secure using an SSL certificate. All orders placed in the Online Store are encrypted, thereby protecting credit card information that is sent at the time of order; by using the most advanced online consumer security technique to date. You must not violate or attempt to harm or degrade the security of the website. Violations of system or network security may give rise to civil or criminal liability. ETOLIX reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting clients who have participated in such violations. ETOLIX is not responsible for any direct or indirect damage related to credit card fraud or theft.
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RENUNCIATION
ETOLIX DOES NOT GRANT ANY WARRANTY OR STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, SERVICES OR CONTENT ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED “AS IS”, “WITH ALL THEIR DEFECTS” AND “AS IS AVAILABLE”. WE DENY ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE WEBSITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MARKETING AND FITNESS FOR A PARTICULAR PURPOSE AND ARISING BY LAW, STATUS, USE OF TRADE OR COURSE OFFER AND ANY LIABILITY WITH RESPECT TO THE WEBSITE, CONTENT AND SERVICES AND ANY ACTION RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE. ETOLIX, ON BEHALF OF ITSELF AND ITS PARENT COMPANY, SUBSIDIARIES, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, CUSTOMER AUTHORIZATIONS AND EXTERNAL SERVICE PROVIDERS PARTY, INCLUDING ANY RESELLER, DISTRIBUTORS SERVICES, and any of the above entities’ respective officials, directors, owners, employees, agents, partners, CONTRACTORS, representatives, successors and assignees (collectively, the “ETOLIX PARTIES”): (A) expressly disclaims all representations, guarantees and conditions, whether express, implied or legal, including, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NO INFRINGEMENT OR NO ENHANCEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOMS, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT OR SYSTEM INTEGRATION. ETOLIX DOES NOT WARRANT THAT THE WEBSITE IS AVAILABLE OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY CONTENT OR SERVICE THEREOF, IT SHALL BE AVAILABLE OR OPERATED IN AN UNINTERRUPTED, TIMELY, ERROR-FREE, OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS SHALL BE CORRECTED; (C) SHALL NOT REPRESENT OR ENSURE THAT THE WEBSITE OR ANY CONTENT OF IT COMPLIES WITH ITS REQUIREMENTS (D); YOU MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE USE OR RESULTS OF USE OF THE WEBSITE; OR ANY CONTENT OR SERVICES HEREIN; IN TERMS OF ITS ACCURACY, RELIABILITY, PUNCTUALITY, COMPLETENESS OR OTHERWISE. PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED IN ACCORDANCE WITH LAW. ETOLIX DENIES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE, NO BREACH, COMPUTER VIRUS FREEDOM AND WARRANTIES DERIVED FROM COURSE OF NEGOTIATION OR PERFORMANCE COURSE. ETOLIX DOES NOT DECLARE OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF OTHER VIRUSES. ETOLIX DOES NOT OFFER ANY WARRANTY OR STATEMENT ON THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, ACCURACY, SUITABILITY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF ANY CONTENT OR OTHER INFORMATION OR SERVICE RELATING TO THE WEBSITE AND, WE SHALL NOT BE LIABLE IN ANY DIRECT MANNER, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR LITIGATION) (I) ARISING FROM ANY DECISION OR ACTION TAKEN BY YOU IN CONFIDENCE IN THE CONTENT OR OUR SERVICES, (II) ARISING FROM OR FROM ANY FORM RELATING TO THE USE OR PERFORMANCE OF THE WEBSITE OR CONTENT, OR THE DELAY OR INABILITY TO USE THE WEBSITE, CONTENT OR RELATED SERVICES, OR THE MISUSE OF OR MISUSE OF ANY INFORMATION, PRODUCTS, SERVICES, RELATED GRAPHS AND CONTENT OBTAINED THROUGH THE WEBSITE, (III) INCORRECT OR MISSING INFORMATION OR (IV) OTHERWISE RESULTING FROM OR RESULTING FROM LOSS OF YOUR DATA OR INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF OF WARRANTY, GRIEVANCE (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF THE POSSIBILITY OF SUCH DAMAGE IS ADVISED. WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS, WEBSITES OR OTHER CONNECTIONS, OR FOR COMMUNICATIONS, FAILED COMPUTERS, JUMBLED, SCRAMBLED, DELAYED OR MISDIRECTED, TELEPHONE OR CABLE, OR FOR ANY FAILURE.
TECHNICAL, FAULTS OR DIFFICULTIES
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON THE CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE CONSIDERED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR PERFORMANCE OF THE REMAINDER OF THESE TERMS OF USE.
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LINKS
The website may from time to time contain links or references to third-party websites or resources. As ETOLIX has no control over such websites or resources, you acknowledge and agree that ETOLIX is not responsible for the availability of such websites or external resources, and does not endorse and is not responsible for any content, advertising, products or other materials. on or available from such websites or resources. ETOLIX assumes no responsibility for the content, privacy policies or practices of such third-party websites. By using this website, you expressly waive any right, claim or liability against ETOLIX for your use of a third-party website. Data, opinions, advice, statements or other information made on third party websites. We do not investigate, monitor or verify such third party websites for their accuracy or integrity. We are not responsible for the availability of these third party websites, nor are we responsible for the aesthetics, attractiveness, suitability of taste or subjective quality of the informative content, advertising, products or other materials available on such third-party websites. We provide these links only for your convenience and may suspend the supply of such links at any time at our sole discretion and without notice. The content, information, data, opinions, advice, statements, goods, services or products of third parties are not supported by any information, material or content on any third party website including, including, including or linked to, from or to the website. If you decide to leave the website and access.
Under no circumstances shall we or any associated provider be liable or liable, directly or indirectly, for any loss, injury or damage caused, or allegedly caused, to you in connection with the use of, or dependence on, any content, information, data, opinions, advice, statements, goods, services or products available on that third party website. You should address your concerns to the administrator of the respective third-party website or, to the master website. Links to third-party websites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol that is displayed, or may be accessed through such links, or that any linked third party website is authorized to use any trademark, trade name, logo or copyright symbol of ours.
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TERMINATION
You agree that ETOLIX, at its sole discretion, may modify or cancel your use of the website, including your account or your ability to make purchases through the website, for any reason, or without reason, and may also do so, if ETOLIX believes that you have violated or acted in a manner inconsistent with the letter and spirit of this Agreement. ETOLIX may also, at its discretion and at any time, suspend the provision of the website, or part thereof, with or without notice. You agree that any termination of your access to the website, under any provision of this Agreement, may be made without notice, and acknowledge and agree that ETOLIX may prohibit any subsequent access to the website; in addition, you agree that ETOLIX shall not be liable to you or any third party for the termination of access to the website.
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JURISDICTION, VENUE AND WAIVER OF JURY TRIAL
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to conflict of laws provisions. Any dispute arising under this Agreement shall be settled exclusively by and in the state or federal courts of Miami Dade County, Florida or the South Florida District.
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FULL AGREEMENT, NOTICE, WAIVER AND SEVERABILITY
This Agreement constitutes the entire Agreement between you and ETOLIX in relation to the Website or Services and supersedes all previous agreements between you and ETOLIX in relation to the content of this Agreement. If any provision of this Agreement is deemed invalid or inapplicable, this provision shall apply to the greatest extent possible, and the other provisions contained therein shall remain in full force and effect. The fact that neither party exercises or asserts any of its rights under this Agreement shall act as a waiver of such rights. Nothing in this Agreement shall be construed as the creation or formation of an association, joint venture, agency or other similar relationship between you and ETOLIX or any of the Parties to ETOLIX.
The fact that ETOLIX does not insist on compliance with any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision not to exercise any of its rights under any of the terms or conditions of this Agreement, shall not be construed as a waiver of such terms and conditions, or of any other term or condition of this Agreement. Any waiver must be in writing and signed by ETOLIX.
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN, AMENDED FROM TIME TO TIME.
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SERVICE TO THE CUSTOMER
Contact us by email at info@Etolix.com, or call us at 617 380-8659, during normal business hours from Monday to Friday from 10:00 a.m. to 4:00 p.m. EST.
