Terms & Conditions of Use - Activate One

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Terms & Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

1. Products, Content and Specifications. All features, content, specifications, products, materials, services or equipment and prices of products, materials, services or equipment described or depicted on this Web site, www.activateone.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Activate One L.L.C ("Activate One") which operates this Web Site shall make all reasonable efforts to accurately display the attributes of products, materials, services or equipment, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products, materials, services or equipment on this Web Site at a particular time does not imply or warrant that these products, materials, services or equipment will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products, materials, services or equipment ordered will be used only in a lawful manner. Products, materials, services or equipment are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products, materials, services or equipment are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, or the products, materials, services or equipment. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions (Continental United States Only) contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

4. Use of this Web Site. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2010-2013, Activate One L.L.C. or its affiliates and suppliers. The contents of this Web Site are © 2010-2013, Activate One L.L.C. or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

5. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Activate One and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Activate One and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Activate One, or such other owner.

6. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

7. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Activate One, or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.

8. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9. User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site that is viewable by the public is not subject to this Web Site's Privacy Statement and is considered User Communications. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

10. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ACTIVATE ONE, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER ACTIVATE ONE, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

11. LIMITATIONS OF LIABILITY. Activate One assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL ACTIVATE ONE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES POSTED ON THIS WEB SITE.

12. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.

13. Choice of Law; Jurisdiction. This Agreement is entered into in the State of Texas and shall be governed by, and construed in accordance with, the laws of the State of Texas, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Harris County in the City of Houston in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within one (1) year of the cause of action accruing; (ii) no recovery may be sought or received for damages if recovery has been otherwise waived or prohibited under this Agreement or any executed purchase order or agreement, and if damages are not waived or prohibited, no recovery may be sought or received for other than out-of-pocket amounts paid to Activate One L.L.C. by you, if any, in connection with its services. (iii) if not otherwise waived or prohibited under this Agreement or any executed purchase order or agreement, the prevailing party in any dispute concerning this Agreement or any accepted purchase order or purchase agreement will be entitled to costs and reasonable attorneys' fees; (iv) any claim must be brought individually and not consolidated as part of a group or class action complaint.

14. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

15. Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Activate One) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

16. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ACTIVATE ONE L.L.C. , ITS PARENT OR SUBSIDIARY COMPANIES, AND ANY ACTIVATE ONE L.L.C. RELATED PERSON OR ANY OTHER THIRD PARTY PROVIDERS OF SERVICES, PRODUCTS OR EQUIPMENT IN ANY MANNER CONNECTED WITH ANY EXECUTED PURCHASE ORDER OR PURCHASE AGREEMENT ENTERED WITH AN ACTIVATE ONE L.L.C. RELATED PERSON OR THIRD PARTY PROVIDER AS A RESULT OF YOUR USE OF THIS WEBSITE OR ITS CONTENT, AND THEIR MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER PART OR ALL OF THE CAUSE OF SUCH VIOLATION IS THE NEGLIGENCE OF ACTIVATE ONE L.L.C. OR ANY ACTIVATE ONE L.L.C. RELATED PERSONS. ACTIVATE ONE L.L.C. RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE.

EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE EXPRESS WRITTEN OBLIGATIONS OF ACTIVATE ONE L.L.C. SET FORTH IN AN ACCEPTED PURCHASE ORDER OR PURCHASE AGREEMENT, TO THE FULLEST EXTENT OF THE LAW, YOU, AND YOUR EMPLOYEES, AGENTS, CONTRACTORS, SHAREHOLDERS, OFFICERS, DIRECTORS AND PARTNERS (“YOUR RELATED PARTIES”) WAIVE ALL CLAIMS AGAINST ALL ACTIVATE ONE L.L.C. RELATED PERSONS, ARISING OUT OF ANY OF THE FOLLOWING. YOU KNOWINGLY, AND VOLUNTARILY ASSUME THE RISK OF, AND AGREE THE ACTIVATE ONE L.L.C. RELATED PERSONS ARE NOT LIABLE TO YOUR RELATED PARTIES FOR ANY OF THE FOLLOWING EVEN IF THE CLAIMS ARE CAUSED SOLEY OR IN PART BY THE NEGLIGENCE OF ANY ACTIVATE ONE L.L.C. RELATED PERSONS:

1. ANY INJURY OR DAMAGE TO PERSON OR PROPERTY OR CLAIMS FOR DAMAGES (INCLUDING THE RESULTING LOSS OF USE, ECONOMIC LOSSES, LOST PROFITS AND CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR RESULTING DAMAGES OF ANY KIND FROM ANY CAUSE OF ACTION OR CLAIM) DUE TO THE USE, CONTENT OR DESIGN OF THE ACTIVATE ONE L.L.C. WEBSITE, OR ANY DEFECT IN THE ONLINE OR OTHER SERVICES PROVIDED BY ACTIVATE ONE L.L.C. RELATED PERSONS OR ANY THIRD PARTY PROVIDER, OR THEIR EMPLOYEES, AGENTS OR INDEDEPENDENT SUBCONTRACTORS, INCLUDING, BUT NOT LIMITED TO, ANY EQUIPMENT OR MATERIALS CONVEYED OR PROVIDED THEREWITH, THAT EXISTS NOW, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE;

2. ANY INJURY OR DAMAGE TO PERSON OR PROPERTY OR CLAIMS FOR DAMAGES (INCLUDING THE RESULTING LOSS OF USE, ECONOMIC LOSSES, LOST PROFITS AND CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR RESULTING DAMAGES OF ANY KIND FROM ANY CAUSE) DUE TO ANY ACT OR OMISSION OF ANY ACTIVATE ONE L.L.C. RELATED PERSON OR ANY THIRD PARTY PROVIDER, OR THEIR EMPLOYEES, AGENTS OR INDEPENDENT SUBCONTRACTORS, INCLUDING, BUT NOT LIMITED TO, ANY ACT OR OMISSION IN CONNECTION WITH THEIR SERVICES, OR PRODUCTS OR MATERIALS CONVEYED WITH THEIR SERVICES, OR DEFECTIVE. THAT EXISTS NOW, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE;

3. ANY LOSS OR DAMAGE, OR CLAIM FOR DAMAGE, WHATSOEVER, (INCLUDING THE RESULTING LOSS OF USE, ECONOMIC LOSSES, LOST PROFITS AND CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR RESULTING DAMAGES OF ANY KIND FROM ANY CAUSE) CAUSED BY THE ACTS OR OMISSIONS OF YOUR ADJOINING PROPERTY OWNERS OR TENANTS OR OTHER THIRD PARTIES IN ANY MANNER CONNECTED WITH THE SERVICES OR EQUIPMENT PROVIDED PURSUANT TO ANY PURCHASE AGREEMENT OR ORDER WITH ANY ACTIVATE ONE L.L.C. RELATED PERSON OR THIRD PARTY PROVIDER THAT EXISTS RELATED TO YOUR USE OF THIS WEBSITE OR ITS CONTENT, NOW, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE.

4. ANY LOSS OR DAMAGES TO PROPERTY OR PERSON, OR CLAIM FOR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT DAMAGES, LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITY OF ANY KIND, OCCASIONED BY ORDER OF ANY GOVERNMENTAL AUTHORITY, OR YOUR LENDER, OR ANY OTHER CAUSE RELATED TO YOUR USE OF THIS WEBSITE OR ITS CONTENT, WHETHER SUCH CAUSE IS NOW EXISTING, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE.

EXCEPT AS MAY BE OTHERWISE PROVIDED IN THE EXPRESS WRITTEN OBLIGATIONS OF ACTIVATE ONE L.L.C. UNDER ANY ACCEPTED PURCHASE ORDER OR PURCHASE AGREEMENT AS TO ITS PRODUCTS OR SERVICES, YOU SHALL INDEMNIFY, DEFEND AND HOLD ALL ACTIVATE ONE L.L.C. RELATED PERSONS HARMLESS (AND YOU WAIVE ANY CLAIM AGAINST ANY ACTIVATE ONE L.L.C. RELATED PERSONS WITH RESPECT THERETO) FROM ALL FINES, SUITS, LOSSES, COSTS, LIABIILITIES, CLAIMS, DEMANDS, ACTION AND JUDGEMENTS OF EVERY KIND AND CHARACTER, WHETHER IN LAW OR IN EQUITY, NOW EXISTING, KNOWN OR UNKNOWN, OR HEREINAFTER ARISING, WHETHER SUCH CLAIM IS RELATED TO PAST ACT OR OMISSION OR FUTURE ACT OR OMISSION (COLLECTIVELY ,“CLAIMS”), INCLUDING THOSE CLAIMS RESULTING SOLELY OR IN PART FROM THE NEGLIGENCE OF ANY ACTIVATE ONE L.L.C. RELATED PERSONS, ARISING OUT OF OR RELATED INDIRECTLY OR DIRECTLY TO THE WEBSITE, PRODUCTS AND SERVICES OF ACTIVATE ONE L.L.C. RELATED PERSONS, OR AS TO SERVICES, PRODUCTS OR EQUIPMENT OF ANY THIRD PARTY PROVIDER INCLUDING, BUT NOT LIMITED TO, ANY EQUIPMENT, FURNITURE, FIXTURE, INVENTORY, PRODUCT OR MATERIALS CONVEYED THEREWITH, INCLUDING WITHOUT LIMITATION:

1. ANY BREACH OR DEFAULT IN PERFORMANCE OF ANY OBLIGATION, WAIVER, OR ASUMPTION OF RISK, ON YOUR PART TO BE PERFORMED UNDER THIS AGREEMENT AND ANY EXECUTED PURCHASE ORDER OR PURCHASE CONTRACT, WHETHER BEFORE, DURING OR AFTER THE DATE OF PURCHASE OR PERFORMANCE OF THE ACTIVATE ONE L.L.C. RELATED PERSONS SERVICES, INCLUDING, BUT NOT LIMITED TO, THE INDEMNIFICATION OBLIGATIONS HEREOF.

2. ANY ACT, OMISSION, NEGLIGENCE, OR MISCONDUCT OF ANY OF YOUR RELATED PARTIES, OR OF ANY OTHER PERSON ENTERING ON YOUR PREMISES OR USING THE ONLINE OR OTHER SERVICES OF THE ACTIVATE ONE L.L.C. RELATED PERSONS UNDER OR WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF YOU.

3. ANY ALTERATIONS, ACTIVITIES, WORK OR THINGS DONE, PERMITTED, ALLOWED, OR SUFFERED BY YOUR RELATED PARTIES, IN CONNECTION WITH THE PRODUCTS OR SERVICES PROVIDED BY THE ACTIVATE ONE L.L.C. RELATED PERSONS, OR THE SERVICES, PRODUCTS OR EQUIPMENT OF ANY THIRD PARTY PROVIDER, INCLUDING THE VIOLATION BY YOUR RELATED PARTIES OF ANY LAW, ORDINANCE, OR GOVERNMENTAL ORDER OF ANY KIND.

4. THE USE OR OMISSION TO USE BY ANY OF YOUR RELATED PARTIES OF THE SERVICES PROVIDED BY THE ACTIVATE ONE L.L.C RELATED PERSONS, OR THE SERVICES OF A THIRD PARTY PROVIDER, OR ANY PRODUCTS, EQUIPMENT, FURNITURE, FIXTURES, INVENTORY OR MATERIALS CONVEYED THEREWITH.

17. Domestic Use Only. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the Continental United States of America will only be provided products or services at the sole discretion and approval of Activate One L.L.C.. No content from the Web Site may be downloaded in violation of United States law.

18. Miscellaneous. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable and the basis of the bargain between the parties is not destroyed or rendered ineffective thereby, then such provisions shall be limited or eliminated to the minimum extent necessary and the remainder of this Agreement shall otherwise remain in full force and effect.

This Agreement and any accepted purchase order or purchase contract constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral discussions, representations, statements, proposals or agreements heretofore made or existing between the parties hereto with respect to the subject matter of this Agreement and any accepted purchase order or purchase agreement, are void and/or of no further force and effect. Activate One L.L.C. may modify the terms of this Agreement or the information contained in the website at any time without notice and such modifications are incorporated by reference into this Agreement. Changes to this Agreement and the website are effective at the time they are posted. Further, your continued use of our sites after posting will also constitute your acceptance of, and agreement to be bound by, those changes. You agree that Activate One L.L.C. is not liable to Your Related Parties or any other third party for any modification, suspension or discontinuance of the website or its content.

Your Related Parties agree not to reproduce, duplicate copy, sell, resell, or exploit for any commercial purposes, any portion of the Activate One L.L.C. website or the content thereof, use of the website or its content, or access to the website or its content.

No waiver of a breach or default by you as to any term, condition or provision hereof shall be deemed a waiver of any other subsequent breaches or defaults of any kind, character or description under any circumstances. No waiver of a breach or default of any term, condition, or provision hereof shall be implied from any action of any Activate One L.L.C Related Person and any such waiver, to be effective shall be set forth in a written instrument signed by Activate One L.L.C.

Your correspondence or business dealings with any advertisers, if any, found on or through the Activate One L.LC. Website, including payment and delivery of related goods and services, and any other terms, conditions warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Activate One L.L.C. its members, officers, employees, agents, principals, and representatives are not responsible or liable for any loss or damage of any kind whatsoever incurred as a result of such dealings or as the result of the presence of such advertisers on the website.

Activate One L.L.C. respects the intellectual property of others, and you agree to do the same by your use of this website. If you believe that your work has been copied in any way that constitutes copyright infringement, trademark infringement or service mark infringement, please provide Activate One L.L.C the following information:

  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or service mark;
  a description of the copyrighted work, trademark or service mark that you claim has been infringed;
  a description of where the material that you claim is infringing is locate on the site;
  your address, telephone number and email address;
  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or service mark owner, their agent or the law;

6. a sworn notarized statement made by you, under penalty of perjury, that the above information in your notice is accurate ant that you are the copyright, trademark or servicemark owner, or duly authorized to act on their behalf.

All notices to Activate One L.L.C should be sent by certified mail to Brian Stovall, Managing Member, 5846 Larkin St Houston, TX 77007. Activate One L.L.C. may give notice to you by certified mail, or by displaying notices or links to notices on the website.

You acknowledge and agree that the Activate One L.L.C website and any necessary software used in connection with the website (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information contained in advertisement or information presented to you throughout the website is protected by copyrights, trademarks, servicemarks, patents or other proprietary rights and laws. Except as expressly authorized by the Activate One L.L.C. you agree not to modify, rent lease, loan, sell, distribute or create derivative works based on the website content or software, in whole or in part.

In the event of any conflict in the terms of this Agreement and any customer’s purchase order or contract form, the terms of this Agreement shall control.

You may not assign or convey any rights or obligations under this Agreement or any accepted purchase order or purchase agreement without the express written consent of Activate One L.L.C.

Time is of the essence as to any time constraint deadline set forth in this website or any accepted purchase order or purchase agreement. However, if the last date of any time specified herein or in any accepted purchase order or purchase agreement is a Saturday, Sunday or national bank holiday, then such date shall be extended to the next date that is not a Saturday, Sunday or national bank holiday. Activate One L.L.C. shall be excused as to any time constraint deadline applicable to its services which is set forth in this website or any accepted purchase order or purchase agreement due to act of god, civil commotion, riot, weather, labor strike or unavailability, including, but not limited to unavailability of utilities service, or other cause beyond the control of Activate One L.L.C.

Any person purchasing products, services, materials, equipment from Activate One L.L.C. Related Persons represents and warrants to the Activate One L.L.C Related Persons that he or she is the duly authorized representative of the person or entity for which the products, services, materials, equipment is purchased and that they have the authority to act on behalf of the person or entity for which the products, services, materials, equipment is purchased and to enter into contracts for the products, services, materials, equipment of the Activate One L.L.C. Related Persons and/or third parties for whom Activate One L.L.C. may act as an independent broker or sales representative on behalf of and to bind that person or entity for whom the products, services, materials, equipment is purchased.

You understand and agree that Activate One L.L.C. is also an independent sales broker of nutritional and supplement services, products, materials and equipment for several major nutritional and supplement services, products, materials and equipment suppliers and that Activate One is not an agent or employee of any third party nutritional and supplement service, products, materials and equipment supplier as to the information as to which may be set forth for their services, products, materials, and equipment in this website, or as to their services, products, materials and equipment supplied by a third party pursuant to any purchase, contract or purchase order. You further understand and agree that in acting as an independent sales broker of nutritional and supplement services, products, materials and equipment for several major nutritional and supplement services, products, materials and equipment suppliers, Activate One L.L.C accepts no responsibility of any kind for acts or omission of the nutritional and supplement services, products, materials and equipment suppliers, their directors, officers, employees, agents, or representatives, as to their provision of their services, or as to their products, materials and equipment, or as to the information they may have provided which is displayed on this website. YOU AGREE TO LOOK EXCLUSIVELY TO THE SPECIFIC NUTRITIONAL AND SUPPLEMENT SERVICE, PRODUCT, MATERIAL OR EQUIPMENT SUPPLIER REGARDING ANY CLAIM OF ANY KIND YOUR RELATED PARTIES MAY HAVE AS TO THE CONTENT OF ANY INFORMATION, OR ANY SERVICES, PRODUCTS, MATERIALS AND EQUIPMENT A THIRD PARTY NUTITIONAL OR SUPPLEMENT COMPANY MAY HAVE PROVIDED TO YOUR RELATED PARTIES THROUGH THIS WEBSITE, OR OTHERWISE, AND AS TO THEIR OBLIGATIONS UNDER ANY ACCEPTED PURCHASE ORDER OR PURCHASE AGREEMENT FOR ANY PRODUCTS, MATERIALS, EQUIPMENT AND/OR SERVICES.

Privacy Policy

Welcome to the Activate One L.L.C. Online Privacy Policy. We appreciate your business and thank you for taking an interest in our company and website. Our privacy policy is applicable to circumstances where you provide information to Activate One L.L.C. pursuant to your use of the Activate One L.L.C. website and is incorporated as part of the Terms and Conditions of Use Agreement between you and Activate One L.L.C. All terms and conditions defined in the Terms and Conditions of Use Agreement have the same meaning when used in the Privacy Policy.

Activate One L.L.C. values your business and respects your privacy. We are committed to ensuring that we protect the privacy of our clients and customers. This policy summarizes what information we collect from you and your business online and how we use and disclose that information. Activate One L.L.C. also collects business information from customers offline.


What information does Activate One L.L.C. collect about you online?

We collect business information when you visit our Web sites, request proposals, order, or purchase products, materials, services or equipment, and when you use our online services. For example, we may collect information concerning, but not limited to, your IPA (Internet Protocol Address) and domain name, type of browser and operating system you use, the time of your visit, the pages on our site you visit, your name, business name, contact names, owners and executive names, address, telephone numbers, billing and payment information, credit information, phone numbers, e-mail addresses or other related information required for your request, order or purchase.

As part of our ongoing efforts to improve our service, we or someone acting on our behalf may collect information about how you use our service and the Internet. Activate One L.L.C. does not use this information in a form that will identify you or your business except under the following circumstances: if we have reason to believe that an account is being used in a manner that violates the Activate One L.L.C. Terms & Conditions of Use, or any applicable law, regulation or ruling of any governmental authority; to protect the integrity of our services or network; to assert or defend our legal rights or those of a third party; pursuant to a lawful request from a government or legal authority, or pursuant court order, ruling or subpoena, or where we have a good faith belief that it is needed to prevent harm or provide assistance to a third party or any Activate One L.L.C. Related Persons.

Cookie Usage

We do not use cookies to track information about you.

How does Activate One L.L.C. use your information collected online?

In general, Activate One L.L.C. uses your business information collected online to provide services, products, materials, and equipment from third party supplement and nutritional suppliers and to operate our business, for example, for a nutritional or supplement services, products, materials, and equipment order or purchase or to sign up a customer for nutritional or supplement services, products, materials, and equipment with an authorized third party. We use your business information collected online to address your questions and concerns, to understand how you or your business uses products and services, to give you or your business information about products and services, and to improve our services. Activate One L.L.C. also uses your business information collected online to comply with applicable laws, regulations, court orders, rulings and subpoenas, to assert or establish the legal rights of Activate One L.L.C. Related Persons, and to defend the legal interests of Activate One L.L.C. Related Persons or where we have good faith belief that it is needed to prevent harm to a third party, or to assert or defend the rights of a third party.

Your Right To See and Correct Information

If you wish to see the information we collect about you, please contact Brian Stovall, Managing Member of Activate One L.L.C at 5846 Larkin St Houston, TX 77007. If you feel the information is incorrect, please send any corrections to us at 5846 Larkin St Houston, TX 77007. We will either update your information or include your correction with any information we store or use.

Your Right to Opt Out

If we are collecting information about you that you do not wish us to have use, or share, you may “opt out” by writing us at 5846 Larkin St Houston, TX 77007 or e-mailing us at brian@activateone.com.

Childrens Policy

We do not knowingly collect information from children under the age of eighteen years. We delete information that we discover has been provided by children. We do not include any Information on this site that we consider unsuitable for children, but we cannot guarantee the content of any linked research sites we may list.

Does Activate One L.L.C. share your information collected online with third parties?

Activate One L.L.C. discloses your information collected online to affiliates and to others, including, but not limited to, third party nutritional and supplement businesses for whom Activate One L.L.C. acts as an independent broker or sales representative and vendors, to provide the products, materials, services and equipment your purchase or order and to enhance the performance those products, materials, services and equipment for you. We may share your information collected online with the government or third parties who make a lawful request for it. We may also disclose your information collected online to others to assert and defend our legal rights or the rights of third parties, and as otherwise authorized or required by law, or applicable court order, ruling or subpoena.

What does Activate One L.L.C. do to help safeguard your information collected online?

Security for all personal identification information is extremely important to us. We use reasonable efforts to store your personal information securely, and use reasonable efforts to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, we cannot guarantee absolute privacy and like any website or business there may be unintentional loss, misuse or mistaken disclosure of information or Activate One L.L.C. Related Persons may be subjected to hacking or other unauthorized access security issues. You agree by using this site and the information contained thereon that you assume the risk of unintentional, negligent or mistaken disclosure of your information and that Activate One L.L.C. has no liability for any such disclosure or any resulting damages, of any kind whatsoever, AND YOU WAIVE AND AGREE TO INDEMNIFY THE ACTIVATE ONE L.L.C. RELATED PERSONS FROM ANY CLAIM AGAINST ANY ACTIVATE ONE L.L.C. RELATED PERSONS WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, ALL FINES, SUITS, LOSSES, DAMAGES, COSTS, LIABIILITIES, CLAIMS, DEMANDS, ACTION AND JUDGEMENTS OF EVERY KIND AND CHARACTER, WHETHER IN LAW OR IN EQUITY, NOW EXISTING, KNOWN OR UNKNOWN, OR HEREINAFTER ARISING, WHETHER SUCH CLAIM IS RELATED TO PAST ACT OR OMISSION OR FUTURE ACT OR OMISSION (COLLECTIVELY,“CLAIMS”), INCLUDING THOSE CLAIMS RESULTING SOLELY OR IN PART FROM THE NEGLIGENCE OF ANY ACTIVATE ONE L.L.C. RELATED PERSONS, ARISING OUT OF OR RELATED INDIRECTLY OR DIRECTLY TO THE SERVICES OF THE ACTIVATE ONE L.L.C. RELATED PERSONS, YOUR USE OF THE ACTIVATE ONE L.L.C. WEBSITE OR THE CONTENT THEREOF, ANY ACT OR OMISSION OF A THIRD PARTY TO WHOM SUCH INFORMTION IS DISCLOSED IN THE NORMAL COURSE OF BUSINESS OF THE ACTIVATE ONE L.L.C. RELATED PERSONS, OR ANY ACT OR OMISSION OR SERVICES OF A THIRD PARTY SUPPIER, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS, SERVICES, MATERIALS, EQUIPMENT, FURNITURE, FIXTURES, INVENTORY OR MATERIALS PROVIDED BY ACTIVATE ONE L.L.C RELATED PERSONS OR ANY THIRD PARTY SUPPLIER.

Phishing and Pretexting

As you know, consumers are increasingly targeted by unscrupulous persons attempting to acquire sensitive personal or financial information, by impersonating legitimate businesses. We will never send you an unsolicited email or other communication requesting your private information. If you receive a communication directing you to enter your personal information, please disregard the instruction and contact us immediately by writing us at 5846 Larkin St Houston, TX 77007 or e-mailing us at brian@activateone.com.

Does Activate One L.L.C. link to other Websites?

Our Web sites may contain links to other Web sites of third party suppliers, or which may be of interest to you or that relate to our products, materials, services or equipment. These links are provided as a convenience to you. We have no control over linked sites, and cannot guarantee the accuracy of any information on them, nor make any representations concerning the host’s privacy policies. We are not responsible for the content or privacy practices of those Web sites. For this reason, we encourage you to review the privacy policies of other Web sites before providing them your business information.

Does Activate One L.L.C. use online ad services?

Activate One L.L.C. reserves the right to advertise on non-Activate One L.L.C. Web sites. When we do this, we collect customer information about visits to our sites generated through those advertisements. This allows us to recognize the origins of visits to our sites and helps us target our Internet advertising. The information collected does not contain any information that identifies you. We share it only among our contracting agents to assess the results of advertising and promotions. It is for Activate One L.L.C. purposes and is provided with the condition that it not be shared for their marketing purposes.

When does Activate One L.L.C. update its online privacy policy?

We reserve the right to modify, alter or otherwise update this Privacy Policy at any time, so we encourage you to review this policy from time to time. Changes to this privacy policy are effective at the time they are posted and your continued use of our sites after posting will constitute acceptance of, and agreement to be bound by, those changes.

How can I contact Activate One L.L.C.?

For questions about our privacy policies, please e-mail us at brian@activateone.com or you may write us at 5846 Larkin St Houston, TX 77007.


† DISCLAIMER: These statements have not been evaluated by the Food and Drug Administration. These products or services are not intended to diagnose, treat, cure, or prevent any disease. Information and statements made are for education purposes and are not intended to replace the advice of your treating doctor. Activate One L.L.C. does not dispense medical advice, prescribe, or diagnose illness. The views and advice expressed by Activate One L.L.C. are not intended to be a substitute for conventional medical service. If you have a severe medical condition, see your physician of choice. This Web site contains links to Web sites operated by other parties. Such links are provided for your convenience and reference only. We are not responsible for the content or products of any linked site or any link contained in a linked site.
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