Terms conditions
Acceptance of Contract Terms
The following ("Contract Terms") are terms of a legal agreement between you
and Arsaimports.com/Arsa Distributing, Inc. ("ARSA"). By accessing, browsing
and/or using this site ("Site"), you acknowledge that you have read,
understood, and agree, to be bound by these terms and to comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to these terms, do not use this
Site. The material provided on this Site is protected by law, including, but
not limited to, United States Copyright Law and international treaties. This
Site is controlled and operated by ARSA from its offices within the United
States. ARSA makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them from
territories where their contents are illegal is prohibited. Those who choose
to access this Site from other locations do so on their own initiative and
are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the State of Texas.
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY
DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. ARSA does not
warrant and shall have no liability for information provided in this site
regarding recommendations concerning supplements for any and all health
purposes. This information is provided solely as a guideline to be used when
discussing a program with a healthcare professional. The claims made about
specific nutrients or products have not been evaluated by the Food and Drug
Administration. Dietary supplements are not intended to diagnose, treat,
cure or prevent disease. Please consult with a healthcare professional
before starting any diet, exercise or supplementation program. ARSA makes no
guarantee or warranty, express or implied, with respect to any products or
services sold, including any warranty of merchantability or fitness for a
particular purpose.
The information contained in this online site (the "Service") is presented
in summary form only and intended to provide broad consumer understanding
and knowledge of health care topics. The information should not be
considered complete and should not be used in place of a visit, call,
consultation or advice of your physician or other health care provider. The
Service does not recommend the self-management of health problems.
Information obtained by using the Service is not exhaustive and does not
cover all diseases, ailments, physical conditions or their treatment. Should
you have any health care-related questions, please call or see your
physician or other health care provider promptly. You should never disregard
medical advice or delay in seeking it because of something you have read
here.
The information is compiled from a variety of sources ("Information
Providers"). Neither ARSA, nor any Information Provider shall be responsible
for information provided herein under any theory of liability or indemnity.
Liability of ARSA or Information Providers, if any, for damages (including,
without limitation, liability arising out of contract, negligence, strict
liability, tort or patent or copyright infringement) shall not exceed the
fees paid by the user for the particular information or service provided. In
no event shall ARSA or any Information Provider be liable for any damages
other than the amount referred to above, and all other damages, direct or
indirect, special, incidental, consequential or punitive, are hereby
excluded even if ARSA or Information Provider has been advised of the
possibility of such damages.
Information accessed through this online site is provided "AS IS" and
without warranty, express or implied. All implied warranties of
merchantability and fitness for a particular use or purpose are hereby
excluded. ARSA and Information Providers make no warranty as to the
reliability, accuracy, timeliness, usefulness or completeness of the
information. ARSA and Information Providers cannot and do not warrant
against human and machine errors, omissions, delays, interruptions or
losses, including loss of data. Arsa is not responsible for updating
information contained here, which may be rendered obsolete based upon
subsequent medical developments.
The information contained in this online site (the "Service") is presented
in summary form only and intended to provide broad consumer understanding
and knowledge of health care topics. The information should not be
considered complete and should not be used in place of a visit, call,
consultation or advice of your physician or other health care provider. The
Service does not recommend the self-management of health problems.
Information obtained by using the Service is not exhaustive and does not
cover all diseases, ailments, physical conditions or their treatment. Should
you have any health care-related questions, please call or see your
physician or other health care provider promptly. You should never disregard
medical advice or delay in seeking it because of something you have read
here. If you are under medical care or taking prescriptions, you should
consult with your physician as to the impact of ARSA products on your
health.
The Service is an online information and communications service provided by
ARSA, subject to your compliance with the terms and conditions set forth
below, including all exhibits hereto and the other information which is
available in the registration process and on the Service ("Information") and
incorporated by reference in this Agreement. This Agreement consists of the
Disclaimer set forth above and the terms and conditions set forth below,
including all exhibits hereto and the Information. PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR
USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU
ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER,
YOU MAY NOT ACCESS OR USE THE SERVICE. ARSA MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER
POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
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1. Software License. By this Agreement, ARSA grants to you, subject to the
terms of this Agreement, a non-transferable and non-exclusive license to use
for your personal use only any software and documentation, together with all
updates, enhancements, modifications, and fixes thereto, which are owned by
ARSA and/or its Licensors. ARSA has no obligation to update or modify any of
the foregoing.
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2. Equipment. You must provide, at your own cost, all telephone and other
equipment and services (including where necessary, telephone service and
internet access service) necessary to access the Service.
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3. Copyright, Licenses, Use Restrictions and Idea Submissions. The copyright
in all material provided on this Site is held by ARSA or by the original
creator of the material. Except as stated herein, none of the material may
be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of ARSA or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded and printed
materials. You also may not, without ARSA's permission, "mirror" any
material contained on this Site on any other server. Any unauthorized use of
any material contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and
statutes.
- You agree to grant to ARSA a non-exclusive, worldwide, royalty-free,
perpetual license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation, ideas
contained therein for new or improved products or services) you submit to
public areas of the Service (such as bulletin boards, forums and chat rooms)
by all means and in any media now known or hereafter developed. You agree
that you shall have no recourse against ARSA for any alleged or actual
infringement or misappropriation of any proprietary right in your
communication to us.
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4. Social Media. ARSA maintains and interacts with various Social Media
sites. These social media sites include but are not limited to various
blogs, bulletin boards, networks, multi-media and news media sites or other
user generated content sites (ARSA Social Media Sites). By accessing,
viewing and/or posting any content to any ARSA Social Media Site on the
internet, you accept, without limitation or qualification, the complete
terms of use for those sites.
- You agree that you are at least 18 years old and will not: violate any
local, state, federal and international laws and regulations, transmit any
material that is unlawful, disruptive, threatening, profane, abusive, or
otherwise objectionable, transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes" or any other form of solicitation.
- ARSA is not responsible for the comments and postings therein and reserves
the right to monitor, prohibit, restrict, block, suspend, terminate, delete,
or discontinue your access to any Social Media Site, at any time, without
notice and for any reason and in its sole discretion.
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5. Review. ARSA DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS
POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF
THESE COMMUNICATIONS AND MATERIALS. HOWEVER,ARSAIMPORTS.COM RESERVES THE
RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO
BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR
MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER
INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE
UNACCEPTABLE TO ARSA AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS
OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE
CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
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6. Indemnification. You agree to indemnify, defend and hold harmless ARSA,
its officers, directors, employees, agents, licensors, suppliers and
Licensors (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys fees,
resulting from any violation of this Agreement or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the Service using your Service account.
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7. Third Party Rights. The provisions of paragraph 5 (Indemnification) are
for the benefit of Arsaimports.com/Arsa Distributing, Inc. and its officers,
directors, employees, agents, licensors, suppliers, and Licensors. Each of
these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
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8. Term; Termination. This Agreement shall commence upon your accessing the
Service and/or completing the registration process. This Agreement may be
terminated by ARSA without notice at any time for any reason and may be
terminated by you upon notice to ARSA at any time for any reason. The
provisions of paragraphs 3 (Copyright, License, Use Restrictions and Idea
Submission), 5 (Indemnification), 6 (Third Party Rights) and 8
(Miscellaneous) shall survive any termination of this Agreement.
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9. Miscellaneous. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. You agree that any legal
action or proceeding between ARSA and you for any purpose concerning this
Agreement or the parties obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in Sangamon County,
Illinois. You hereby waive your right to a jury trial in any action with
respect to the subject matter of this Agreement. Any cause of action or
claim you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises. ARSA failure to
insist upon or enforce strict performance of any provision of this Agreement
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 provision of this Agreement. ARSA may assign its rights and duties under
this Agreement to any party at any time without notice to you.
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Arsaimports.com, Eucalin are trademarks of ARSA. Other trademarks and
service marks appearing on the Service may be owned by ARSA or by other
parties including third parties not affiliated with ARSA.
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10. Notice. ARSA may deliver notice to you under this Agreement by means of
electronic mail, a general notice on the Service, or by written
communication delivered by first class U.S. mail to your address on record
in ARSA account information. You may give notice to ARSA at any time by
letter delivered by certified first class postage prepaid U.S. mail or
overnight courier to the following address:
- Arsa Distributing, Inc.
- 5450 Hurd Place
- Suite E
- El Paso, TX 79912
- Attn: Customer Service