Terms & Conditions of Website Use

The following constitute the various terms and conditions governing use of this Victory Elixir LLC (“Victory Elixir”) website (the “Site”).  By using the Site, you acknowledge and agree to be bound by the following terms of use and any instructions, policies, guidelines, disclaimers, and limitations of liability referenced herein (the “Terms of Use”).

Please read these Terms of Use carefully, and check them periodically.  Victory Elixir may have changed the Terms of Use since your last visit to the Site.  Victory Elixir maintains the right to change the Terms of Use at their discretion and at any time of their choosing.  All such changes will be binding upon you as of the revised effective date.  Your continued use of the Site after any such changes will be considered as your acceptance of the most recent version of the Terms of Use, including any such changes.  

You may not amend or modify the Terms of Use under any circumstances.  It is your responsibility to check the Terms of Use and make sure you can agree and accept the Terms of Use.  If you do not accept the Terms of Use, please do not use this Site.

By using this Site, you represent and warrant that you are at least 13 years old, or visiting the Site under the supervision of a responsible parent or guardian.

1. General

This Site was developed by and for Victory Elixir.  The Site belongs exclusively to Victory Elixir.  Victory Elixir reserves the right to withdraw or amend the site, and any service or Content (as defined herein)* provided on the Site.  Victory Elixir will not be liable under any legal theory if, for any reason and/or at any time, all or part of the Site is unavailable.  In addition, Victory Elixir may, without notice or liability, terminate, suspend, or discontinue any aspect of the Site at any time at Victory Elixir’s sole discretion.

*Please note that all capitalized terms herein shall have the meanings ascribed to them in these Terms of Use.

2. Intellectual Property Rights

You understand that: (a) the Site, including, but not limited to, all trademarks, trade names, brand names, logos and images, service marks, trade dress, and all other relevant intellectual property rights, and (b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and the design, selection and arrangement thereof, and all relevant and associated intellectual property that are displayed or contained on the Site (the “Content”) are the sole property of Victory Elixir (or, in some cases, are licensed to Victory Elixir).  As such, the Content is protected by the United States and international copyright, trademark, patent, and other intellectual property, proprietary rights, and unfair competition laws.

All Content is provided solely as a service to Site users.  Except per the limited license set forth below and the limited and temporary rights otherwise contained herein, nothing in these Terms of Use shall be construed as conferring any right, title, or interest in the Site or the Content.

3. Limited Right & Restrictions for Use of the Site

With your acceptance of the Terms of Use, Victory Elixir grants you a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content.  

You may only use the Site and its Content for personal and non-commercial use, and as limited by these Terms of Use.

This limited right to use and view the Site is subject to certain restrictions, which you agree to by using/viewing the Site, as follows:

  1. You may not copy, publish, distribute, display, modify, create derivative works from, sell, license, sublicense, sell, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Site or Content without the prior express and specific written permission of a Victory Elixir principal or authorized representative; 
  2. You may not remove or alter any copyright, trademark, or other proprietary rights notices from the Site or any copies of the Content from any portion of the Site;
  3. You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or any applicable laws or regulations;
  4. You may not defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
  5. You may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information;
  6. You may not restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  7. You may not express or imply that any statements you make are endorsed by Victory Elixir, without Victory Elixir’s prior explicit written consent;
  8. You may not upload to, transmit through, or display on the Site any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Victory Elixir in mutual written agreement);
  9. You may not engage in spamming or flooding; 
  10. You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; 
  11. You may not “frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URL located at http://www.victoryelixir.com/ or any other URLs provided by Victory Elixir for such purposes as part of the Site, without Victory Elixir’s prior express written authorization; 
  12. You may not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” skim, crawl, or in any way reproduce, glean data from, or circumvent the structure or presentation of the Site;
  13. You may not harvest or collect information about users of the Site without their express consent; and
  14. You may not remove or amend or hide any disclaimers contained in the Site.

Victory Elixir may revoke these limited rights and otherwise modify or further limit the exceptions and restrictions contained herein at any time, without notice, and for any or no reason.  Any actions not expressly prohibited here but that are within the spirit or meaning of these enumerated restrictions, are also restricted.  

4. User-Submitted Content

You agree that any information (other than personal information) that you communicate or submit to Victory Elixir, its agencies, designees, and affiliates (which may include suppliers, sponsors, partners, advertisers, distributors/retailers, or authorized representatives in any form) (the “Affiliates”), including but not limited to feedback, data, questions, comments, product ideas, know-how, applications, suggestions, photos, text, graphics, sounds, and other materials, is voluntarily submitted, and shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary.

You acknowledge and agree that any submission is entered and transmitted to Victory Elixir at your own election and risk, and that Victory Elixir is not responsible for any loss of such submission, any loss of confidentiality or privacy in connection therewith, or any other loss or liability relating to or arising from any submission (other than as described in the Victory Elixir Privacy Policy).

Your submission of such information shall constitute your grant to Victory Elixir and Victory Elixir’s Affiliates a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, and publicly display and perform such submissions.  

Except for the foregoing license, Victory Elixir does not claim ownership of any kind in your submissions.  With your submissions, you represent, warrant, and covenant that you own or otherwise possess all necessary rights with respect to such submissions, and that your submissions do not and will not violate any intellectual property or proprietary right of any third party, and are not otherwise unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or objectionable.

Indeed, Victory Elixir and its Affiliates do not have any obligations with respect to any submissions.  Victory Elixir and its Affiliates will be free to reproduce, use, disclose, and distribute such information to others without limitation or liability.

You agree that Victory Elixir may (but is not obligated to) do any or all of the following, at Victory Elixir’s sole discretion: (a) monitor, filter, alter, or delete any submissions (including blocking or replacing expletives or other language that may be considered harmful or offensive), and/or (b) disclose any submissions, and the circumstances surrounding the submission and its transmission, to any third party in order to, among other reasons, operate the site; to protect Victory Elixir, Victory Elixir’s Affiliates, and other users; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose.

5. User-Provided Information

Now, and/or in the future, certain areas of the Site may require you to register, set up an account, or may otherwise ask you to provide information – which may include personal information – to participate in certain features or to access certain Content.  You agree that any information that you choose to share with Victory Elixir is shared voluntarily.  You represent and warrant to Victory Elixir that all the information and data provided by you is information you are legally allowed to share, and is accurate and truthful in all respects.

If you are under the age of 18, you may not register or set up an account with Victory Elixir.

If you create an account on the Site, you agree to be responsible for: (i) maintaining the confidentiality of your password and other login/security information, and (ii) all activities that occur under the use of your password and other login/security information.  You also agree to notify Victory Elixir of any loss and/or unauthorized use of your password or other login/security information.  You understand and agree that Victory Elixir is not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with the misuse or loss of your password and/or other login/security information.

If you provide Victory Elixir with your email address during checkout, setup of any account, registration or otherwise, you consent to receive communications from Victory Elixir electronically (which consent you may always revoke by unsubscribing from such communications).

6. Linked Sites

You may be able to link to third party websites or resources from the Site (“Linked Sites”).  The Linked Sites are provided solely as a convenience to you and do not, in any way, constitute or imply Victory Elixir’s endorsement of any information, product, or service reached through such Linked Sites.   Victory Elixir is not responsible for examining or evaluating the content or accuracy of any Linked Sites.  Victory Elixir does not warrant and will not have any liability or responsibility for any Linked Sites or any materials, products, content, information, or services offered on the Linked Sites, or any of the Linked Sites’ particular terms of use, policies (including privacy policies), or practices.  

7. Disclaimers and Limitation of Liability

This Site, in all aspects, is provided to you on an “as is” basis.  Victory Elixir does not warrant that the Content is accurate, complete, reliable, current, or error-free.  

This Site and all content, descriptions, promotions, and products contained on the Site are for informational purposes only, and are not intended as or to substitute professional medical advice, diagnosis, or treatment for any medical conditions.  By using the Site, you agree that Victory Elixir and its Affiliates are not responsible for any action you may take after reading the content herein.  You should seek professional medical care if you have any concern about your health.  If you are experiencing a medical emergency, seek a doctor or hospital’s help immediately.  Especially if you are pregnant, or have any pre-existing injuries or medical conditions, you should consult a licensed health care professional before embarking on athletic endeavors, dietary, or exercise programs.

As otherwise noted throughout the Site, the statements Victory Elixir makes have not been evaluated by the Food and Drug Administration.  Victory Elixir’s products are not intended to diagnose, treat, cure, or prevent any disease.  

IT IS YOUR RESPONSIBILITY TO USE ANY AND ALL OF VICTORY ELIXIR’S PRODUCTS ONLY AS DIRECTED.  If you purchase a Victory Elixir product through the Site, please refer to the documentation included with the product for the product’s specific usage instructions, and for any legal disclaimers around such product.

Neither Victory Elixir nor its third-party providers make any representations or warranties of any kind, express or implied, as to the operation or availability of the Site or Content, or any functionality included on or otherwise made available to you through the site.  Further, Victory Elixir does not warrant or make any representations concerning the accuracy, likely results, or reliability of the Content on the Site or on any sites linked on the Site.  The Content should not be used as the sole basis for making decisions without consulting other primary, expert, or more timely sources of information.  You expressly agree that your use of (or inability to use) the Site, or with respect to any submission of information, is at your sole risk.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VICTORY ELIXIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  

While Victory Elixir takes all reasonable and appropriate measures to protect you, VICTORY ELIXIR DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VICTORY ELIXIR DISCLAIMS ANY LIABILITY THERETO.  

By using this Site, you waive any claim against the Victory Elixir Indemnitees and release the Victory Elixir Indemnitees from any liability for any loss or damages of any kind arising from: (a) use of the Site; (b) any Content or functionality included or made available through the Site; (c) any actions Victory Elixir takes or fails to take as a result of communications you send to Victory Elixir; or (d) any delay or inability to use the Site.  Your waiver waives claims for any and all damages under any applicable, relevant, or alleged legal theory (including contract or tort law), even if Victory Elixir has been pre-advised of the possibility of damages.

Victory Elixir reserves all right to seek any and all legal and equitable remedies available to enforce these Terms of Use and/or actions for damages arising from these Terms of Use.

Your sole and exclusive remedy for any of the above claims or any dispute with Victory Elixir related to any use of the Site is to discontinue your use of the Site.  In the event any cause of action arising out of or related to the Site is deemed permissible, you agree that such cause of action must commence within one (1) year after the cause of action accrues.

Certain state laws and jurisdictions limit these limitations on implied warranties or limitations/exclusions of damages.  To the extent these laws apply to you, you may have additional rights than as limited herein.  Regardless of whether your state or jurisdiction limits any portion of this Section 7 of the Terms of Use, this Section 7 and the rest of the Terms of Use shall remain fully applicable to the fullest extent possible in light of such state or jurisdictional limits.

8. Indemnification

You will indemnify and hold harmless Victory Elixir and its Affiliates and Victory Elixir and its Affiliates’ respective directors, officers, employees, agents, representatives, licensors, and third party providers (together, the “Victory Elixir Indemnitees”), on demand, from and against any and all claims, fines, liabilities, losses, and other damages (including costs and attorneys’ and experts’ fees) incurred by any of the Victory Elixir Indemnitees, and shall defend the Victory Elixir Indemnitees against (i) all claims arising out of or relating to your use of the Site, including that any submissions or information you provide in connection with your use of the Site infringes, misappropriates, or otherwise violates any intellectual property right or proprietary right of a third party; (ii) all claims arising out of or relating to fraud, intentional misconduct, or gross negligence, committed by you and related to your use of this Site; and (iii) all claims arising out of or relating to your failure to comply with, or any breach committed by you, of any provision of the Terms of Use.  

This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Victory Elixir Indemnitees.  

9. Jurisdiction and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws, rules, and regulations of the State of California without giving effect to any choice-of-law provision or rule otherwise.  

If the Content or your use of the Site is in any way contrary to the laws of the place from which you are accessing the Site, you agree that Victory Elixir has no responsibility for such use.  You are solely responsible for understanding the legal limitations of your use of the Site in any jurisdiction outside of the United States, and you are responsible for discontinuing your use of the Site in such jurisdiction if your use contradicts that jurisdictions laws and regulations.

10. Copyright Protection

If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you or your agent may send us a written notice, via our “Contact Us” page, requesting that the material be removed or access to it blocked.  The notice must include the following: 

  • A physical/electronic signature of the owner of the allegedly infringed exclusive right or his/her authorized representative;
  • Clear identification of the original/an authorized copy of the copyrighted work’s location;
  • Clear identification of the material that is claimed to be infringing;
  • Sufficient and current contact information of the alleged copyright owner or owner’s agent;
  • A statement of your good faith belief (and the basis for such belief) that Victory Elixir’s use of the material is not authorized by the copyright owner, his/her agent, or the law; and
  • A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.

11. General

The Terms of Use govern your use of the Site, including the submission of all data, information, and other materials (whether tangible or intangible, and including order, payment, and personal information) through the Site.  

The Terms of Use constitute the entire agreement between you and Victory Elixir with respect to your use of the Site and all matters addressed in the Terms of Use.  These Terms of Use supersede any other agreement that may exist between you and Victory Elixir, with the exception of, where applicable, Victory Elixir’s Privacy Policy.  

Any failure by Victory Elixir to enforce any provision in these Terms of Use will not be construed as a waiver of such provision or any other provision herein.

No waiver from these Terms of Use will be binding upon Victory Elixir unless in writing and signed by an authorized representative of Victory Elixir.  Any such waiver will only be valid as to the particular instance referred to in the waiver.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect, and such invalid provision, to the maximum extent permitted by law, and to the maximum extent possible, will be construed in accordance with the original intent of the parties, and to the extent not possible, will be deemed severable from the Terms of Use.

Headings used in the Terms of Use are for reference and organizational purposes only, and do not otherwise have any significance or limitations with respect to interpreting these Terms of Use.

Throughout these Terms of Use, words such as “including” and “for example” mean “without limitation.”

If you have any questions or complaints regarding the Terms of Use, please use the “Contact Us” page to get in touch.

Date Published: August 12, 2020

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