TERMS & CONDITIONS

These Terms of Use are a contract between you and Eva Nutra, Inc. (“Eva Nutra”), a company with a principal place of business at 6980 W. Warm Springs Rd, Suite 100, Las Vegas, NV 89113. EVA NUTRA is pleased to provide this website (www.evanutra.com) for your personal use. However, by using this website, you agree to the terms and conditions provided below and the Privacy Policy on the website, as they govern your access to and use of this website.If you do not agree to these Terms of Use, please do not visit or use this website. This website is not intended for use by persons under the age of 18 or by any users previously suspended or removed from this website by EVA NUTRA. By using this website, you represent that you are at least 18 years of age and have not been previously suspended or removed from any of this website by EVA NUTRA.

 

1. Use of Website and Website Material

Except as expressly stated therein, this website is provided for your personal, non-commercial use. EVA NUTRA reserves the right to restrict your use of this website at any time. It is a condition of your use of the website that you do NOT: (i) restrict or inhibit any other user from using and enjoying the website; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of the return key or flooding; (iv) post, upload or transmit any content that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees to these Terms of Use; (v) post, upload or transmit any information, software or other material that contains a virus or other harmful or corrupted component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”; (viii) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of EVA NUTRA or its affiliates; (x) resell or redistribute the information derived from the website in a machine-readable database; (xi) use the website to collect personally identifying information about users of the website in violation of the privacy policy for the website; or (xii) disguise a file type to thwart EVA NUTRA’s detection process. If your use of the website causes EVA NUTRA to be liable to any third party, you agree to indemnify EVA NUTRA, its employees, officers, directors, affiliates, subsidiaries, agents, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result.

 

2. Ownership of Content

This website is owned and operated by EVA NUTRA. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of this website (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and regulations. All Materials contained on this website are the property of EVA NUTRA or its parent or affiliated companies and/or third-party licensors, and it is EVA NUTRA’s policy to enforce its intellectual property rights to the utmost extent as set forth in applicable laws, including criminal sanctions. All trademarks, logos and service marks displayed on this website, whether registered or unregistered, are owned or licensed exclusively by EVA NUTRA or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials or the transmission of the Materials on this website, shall be construed as granting you any license or right in or to any patents, copyrights, trademarks, logos, or service marks owned or controlled by EVA NUTRA and/or any third parties. EVA NUTRA reserves all rights not expressly granted in this Terms of Use. License EVA NUTRA hereby grants you a nontransferable, nonexclusive license to use the Materials contained on this website solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained in this website for your personal use provided that both the copyright notice and the permission notice appear on the copy and provided that the Materials are not modified. You shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications. Except as expressly provided herein, EVA NUTRA does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

 

3. No Medical Advice

The health information contained in this website is provided for educational purposes only and is not intended to replace discussions with a physician or other healthcare provider. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that EVA NUTRA is providing the Materials for informational purposes only, and that EVA NUTRA is not providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials when choosing a treatment plan, or evaluating any other medical advice regarding any disease or medical condition. EVA NUTRA strongly urges that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.

 

4. Privacy

You confirm that you have read and accept our Privacy Policy.

 

5. Modification of these Terms of Use; Termination.

EVA NUTRA reserves the right, at our discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notification. Please check these Terms of Use periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes. EVA NUTRA reserves the right to limit, suspect or terminate your access and use of this website at any time without notice.

 

6. Third-Party Sites, Products and Services; Links.

6.1. For the convenience of our visitors, this website may include links or references to other external websites or services (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom EVA NUTRA has no control. EVA NUTRA is not responsible for third party content or the consequences of your use of the Reference Sites. EVA NUTRA does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. While EVA NUTRA attempts to provide links only to third-party websites that comply with all applicable laws and regulations and EVA NUTRA standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. EVA NUTRA makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that EVA NUTRA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

6.2. EVA NUTRA claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of EVA NUTRA should be inferred from the use of these marks.

 

7. Expert Advice or Opinion.

As a useful resource to our visitors, this website may contain expert opinions. Information in this website identified as expert opinion, or accessed from this site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of EVA NUTRA.

 

8. Disclaimer of Warranties

EVA NUTRA is committed to keeping this website up-to-date. This website has been developed as a service of EVA NUTRA for consumers seeking basic healthcare information. Like any other service, in spite of our efforts, the information in this website may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, EVA NUTRA does not guarantee the accuracy and completeness of any information contained in this website. This website and Materials are provided to you on an “AS IS” basis. EVA NUTRA DISCLAIMS ANY AND ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

9. Limitation of Liability and Damages

EVA NUTRA AND ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, IS LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE) WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY MATERIAL FROM THIS WEBSITE , EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

EVA NUTRA assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this website or any materials provided on this website.

 

10. Indemnification

You agree to indemnify, save, and hold EVA NUTRA, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this website, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you in connection with your use of this website. EVA NUTRA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EVA NUTRA, and you agree to cooperate with EVA NUTRA’s defense of these claims. EVA NUTRA will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

11. Special Considerations for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

 

12. Applicable Law

You agree that the laws of the State of Florida govern any use of this website, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this website or material from this website. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any controversy or claim arising out of or relating to this Terms of Use or breach hereof, or otherwise relating to this website (with the exception of injunctive relief sought by EVA NUTRA for any violation of EVA NUTRA ’s proprietary rights), shall be settled by binding arbitration administered by JAMS in accordance with its then-current streamlined and expedited rules. The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be Las Vegas, NV, USA. The arbitrator MAY NOT award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including reasonable attorneys’ fees. Each party buy pay their own arbitration and attorney’s fees win or lose. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties. Subject to the dispute resolution procedures and requirements set forth above, the courts of the State of Nevada as well as appropriate federal courts located in the State of Nevada, shall have exclusive jurisdiction over all claims.

 

13. Idea Submission.

EVA NUTRA does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to EVA NUTRA, you agree that the idea becomes and remains the sole and exclusive property of EVA NUTRA without further liability or compensation to you. EVA NUTRA welcomes your comments and suggestions on this website, but EVA NUTRA does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that EVA NUTRA may publish such information, use it as part of its operations, and incorporate its concepts in EVA NUTRA products without liability or compensation to you.

 

14. Miscellaneous

The failure of EVA NUTRA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, you and EVA NUTRA nevertheless agree that (a) the court should endeavor to give effect to the intentions as reflected in the provision, and (b) the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. This is the entire agreement between the users of this website and EVA NUTRA relating to the subject matter.

 

15. Contact Information

Eva Nutra, a Division of DrVita, Inc.
6980 W Warm Springs Rd # 100
Las Vegas, NV 89113
(702) 323-8801
service@evanutra.com

 

DISCLAIMER

THE STATEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS FEATURED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.