Terms of Use
Welcome to Acaicertified.com, the website (“Site”) of Grapevine, LLC (“Company”). Your use of the Site is subject to these Terms of Use, which incorporate by reference Company’s Privacy Policy found at: www.acaicertified.com/privacy.html (“Privacy Policy”) and the Terms and Conditions applicable to the Certified Acai and Live Lean for Life Trials found at: Terms and Conditions (“Terms and Conditions”). These Terms of Use, Company’s Privacy Policy and the Terms and Conditions are collectively referred to as the “Agreement.”
Please read this Agreement carefully. Your access to and use of the Site constitutes your acceptance of this Agreement. Company may change or supplement this Agreement at any time as it deems appropriate, and your continued or subsequent access to and use of the Site constitutes your acceptance of such modified or supplemented Agreement.
As used in this Agreement, the term “Site” includes all content and aspects of the Site collectively and individually (including, without limitation, all Company trademarks, any text, graphics, images, buttons, design lay-out and arrangement, and all software comprising the Site). The Site along with all intellectual property and other rights therein is the sole and exclusive property of Company or its licensors. Your only rights in and to the Site are the limited license rights provided pursuant to this Agreement. All other rights are expressly reserved.
Subject at all times to this Agreement, Company hereby grants you a limited, revocable, non-transferable and non-exclusive right and license to access and use the Site by displaying it on your Internet browser only for the purpose of reviewing information about Company and its products and services and for purchasing products and services sold on the Site. Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless Company expressly agrees to such use in advance and in writing. Company may terminate this license at anytime and for any reason with or without notice to you. Any use of the Site not expressly granted in this Agreement is a breach of this Agreement and may violate intellectual property and other laws. Without limiting the generality of the foregoing, you agree that:
The list above is not exhaustive. Company reserves the right to monitor your use of the Site. Company may terminate your rights under this Agreement at any time, for any reason. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and username(s) issued to you and deny your access to and use of this Site in whole or in part.
Company may assign you a password and username to enable you to access and use certain portions of this Site. Each time you use a password or username, you will be deemed to have accepted the terms and conditions of this Agreement. Company has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND USERNAME ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and username assigned to you. You shall immediately notify Company of any unauthorized use of your password or username or any other breach or threatened breach of the Site's security.
Risk of Loss, Return
Policy & Product Availability
The risk of loss and title for items purchased by you pass to you upon Company's delivery of the items to the applicable carrier. All product returns must be in compliance with the Company’s Terms and Conditions. Company shall have the right to refuse or cancel any orders. If your credit card has already been charged for the purchase and your order is canceled, Company shall immediately issue a credit to your credit card account in the amount of the charge. Company cannot and does not guarantee that all products will be available at all times and/or that all products may be sold outside of the United States.
THE SITE, ANY PRODUCTS AND SERVICES OFFERED FOR SALE ON THE SITE AND ANY TRANSACTIONS CONDUCTED VIA THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO COMPANY'S LIABILITY.
The above may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations on liability. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action. Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.
Indemnification
You agree to defend, indemnify and hold harmless Company and its affiliates and their respective directors, managers, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of: (i) your use of the Site and/or any information, services and/or goods provided via the Site; (ii) your violation of this Agreement; or (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right. The obligations under this Section will survive this Agreement and your use of the Site.
The Site may provide links to websites and access to content from third parties, including, but not limited to, advertisers, partners and sponsors of the Site. You acknowledge that Company is not responsible for the operation of or content or products located or available on or through any such third party website.
You expressly agree that any claim or controversy arising out of or related to this Agreement, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in Portland, Maine in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Company from seeking any injunctive relief in any court of competent jurisdiction for protection of Company’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Site providers. This Agreement is governed by the internal substantive laws of the State of Maine, without respect to conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No right or remedy of Company shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief or attorneys' fees and expenses. No instance of waiver by Company of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future or other waiver.
This Agreement, and the policies incorporated by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
You affirm that you are at least 18 years of age, and are fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement.
General