LEGAL
By using this Website (the "Qivana Website" or “Website”) you, the user or Qivana Independent Business Owner (“IBO”), as the case may be, ("you") are agreeing to be bound by the current version of the terms of use provide herein. If you are a Qivana IBO, your use of this Website also constitutes your acceptance of the current Qivana Policies & Procedures for IBOs.
Use of Material
All materials included on the Qivana Website are protected by copyright, trademark and other laws and are the property of Qivana, LLC (hereinafter “Qivana”), unless otherwise noted. Unauthorized use of such materials may violate copyright, trademark and other laws. You may download and print portions of the materials for non-commercial and informational use. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on the Qivana Website, which pertain to the material being copied. Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the Qivana Website, in whole or in part without the prior written permission of Qivana is prohibited.
Disclaimer
The information and services published on the Qivana Website may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. Qivana may also make improvements in and/or changes to the information described in the Qivana Website at any time without notice. Qivana is not responsible for any errors or omissions in the Qivana Website or any website which may be referenced within or linked to the Qivana Website.
INFORMATION ON THE QIVANA WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR TITLE. QIVANA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE QIVANA WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. QIVANA MAKES NO REPRESENTATION OR WARRANTY THAT THE QIVANA WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QIVANA WEBSITE OR THE SERVERS HOSTING SUCH WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
QIVANA ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE QIVANA WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE QIVANA WEBSITE, EVEN IF QIVANA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction
The materials in the Qivana Website are presented solely for the purpose of promoting Qivana products available in the United States. THE PRODUCTS PROMOTED ON THE QIVANA WEBSITE ARE NOT FOR SALE OUTSIDE OF THE UNITED STATES. IF YOU ARE RESIDENT IN ANY COUNTRY OTHER THAN THE UNITED STATES AND YOU WISH TO PURCHASE QIVANA PRODUCTS, YOU SHOULD CONTACT QIVANA FOR INFORMATION CONCERNING AVAILABILITY OF QIVANA PRODUCTS IN YOUR COUNTRY. Qivana makes no representation that materials contained in the Qivana Website are in compliance with the laws of jurisdictions outside of the United States. Those who choose to access the Qivana Website from countries outside of the United States do so on their own initiative and for information purposes only. The terms and conditions herein shall be governed by the laws of the State of Utah, without regard to its conflicts of laws principles. You hereby submit to the jurisdiction of the courts of the State of Utah for the purposes of litigating any lawsuit arising out of or in connection with these terms and conditions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF QIVANA, WITHOUT ADVANCE NOTICE. YOU MUST CHECK THIS NOTICE FREQUENTLY TO ENSURE THAT YOU HAVE READ THE MOST CURRENT VERSION OF THIS NOTICE.
Qivana owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. It is Qivana’s policy to respond as required by law to claims of copyright infringement. The Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"), provides copyright owners or their authorized agents with a procedure for notifying service providers (as defined in the DMCA) of claims of unauthorized use of copyrighted materials. Because Qivana is considered a service provider within the scope of the DMCA, it must comply with the notice and procedural requirements of the DMCA. If you believe any material on this site infringes your copyright or the copyright of any third party, you should promptly notify the following designated agent of Qivana in writing:
Legal
Qivana, LLC
5255 North Edgewood Drive, Ste 225
Provo, UT 84604
legal@qivana.com
Your written notification to the above-referenced designated agent must include substantially all of the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you claim has been infringed;
• The exact location of the alleged infringing material;
• The exact location of the link to the alleged infringing material;
• Your address, telephone number and electronic mail address;
• A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
• A statement by you that the above information in your written notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Upon receipt of your written notification of an alleged copyright infringement, Qivana will take the following steps:
• Remove or disable access to the alleged infringing work;
• Forward your notification to the Respondent; and
• Take reasonable steps to promptly notify the Respondent that Qivana has removed or disabled access to the alleged infringing material.
At this point, the Respondent ("Respondent") may submit a counter notification in writing to Qivana’s designated agent. The counter notification must include substantially all of the following information:
• An electronic or physical signature of the Respondent or someone authorized to act on behalf of the Respondent;
• A description of the copyrighted material that has been removed or disabled;
• The exact location of the material before it was removed or disabled;
• A statement under penalty of perjury that the Respondent has a good faith belief that the copyrighted material has been removed or disabled as a result of mistake or misidentification; and
• The Respondent’s name, address and telephone number along with a statement that the Respondent consents to the jurisdiction of the federal court in the district in which he/she/it resides or,
• If the Respondent’s address is outside the United States, a statement that the Respondent consents to jurisdiction of the United States federal district court in Salt Lake City, Utah.
Upon receipt of a counter notification containing substantially all of the foregoing information, Qivana will take the following steps:
• Send you a copy of the Respondent’s counter notification;
• Inform you that Qivana will replace the alleged infringing material or cease disabling access to it within ten (10) business days; and
• Replace the alleged infringing material that was previously removed or cease disabling access to it not less than 10 or more than fourteen (14) days following receipt of the Respondent’s counter notification, unless you have supplied Qivana’s designated agent with evidence that you have filed an action seeking a court order to restrain the Respondent from engaging in the alleged infringement that was the subject of your written notification.
Qivana’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
CONSUMER DISCLOSURE: If you are a consumer purchasing products or services online from Qivana for personal, family, or household purposes, you may have additional rights pursuant to the Electronic Signatures in Global and National Commerce Act and other applicable state law. Please read the following disclosure carefully. It describes your rights to elect to contract electronically with us.
By clicking the "Continue or Submit Order " Button (1) you agree and consent to (i) contract electronically with us for the products or services you have requested in accordance with this Agreement and (2) you understand that you are entering into a legal agreement and you intend to be legally bound by this Agreement. In order to access, download, and print this Agreement, you need Acrobat Reader 9.0 or higher. Changes to these hardware and software requirements will be posted here. You may also request to receive a copy of this Agreement by U.S. mail free of charge by contacting us at support@qivana.com within thirty (30) days after you have entered into this Agreement with Qivana.
If you do not consent to the above, please exit the page or hit the “back” button. By so doing you will not be able to complete this online transaction.
PRIVACY POLICY
Qivana recognizes the importance of protecting the privacy of information we may collect from you. To this end, we are committed to using our best efforts to respect your privacy. Here is how we handle information we learn about you from your visit to the Qivana Website.
The Ways We Use Information
We receive and store information you enter on the Qivana Website or give us in any way. We use such information, including your name and e-mail address, for several purposes:
• To process, fulfill and notify you of your product order status; and
• To send you the latest information about our company, events and product specials.
From time to time we collect personal information from distributors/IBOs. We may use and disclose such personal information about distributors only for the following purposes:
• Processing your IBO Application;
• Developing Downline Genealogy Reports;
• Providing IBO services such as planning and facilitating IBO meetings and training;
• Administering IBO benefits;
• Developing and implementing policies, marketing plans and strategies;
• Publishing personal information in Qivana newsletters, promotional materials and intra-group communications;
• Providing references; and
• Complying with applicable laws and regulatory requirements and assisting with any governmental or police investigation.
Financial Information
We use your financial information, such as account or credit card number, ONLY for billing purposes.
Cookies
Some Qivana Website deposit certain bits of information called "cookies" in a visitor's web browser software. Cookies are sent back only to the Qivana Website that deposited them when a visitor returns to that site. Cookies can tell us how and when pages in a Qivana Website are visited and by how many people. We use cookies:
• To keep track of your shopping cart status
• To allow you to use all password-protected services in a single session without having to re-enter your password
• To see which areas on our site are popular and which are not so we can make the appropriate updates
Online Surveys
We ask you to voluntarily provide demographic information, such as postal code, age or income level. All responses are kept confidential and used for internal marketing and statistical purposes only.
Children
We do not solicit personal information from or market to persons under the age of 18.
Security
We have security measures in place to protect against the loss, misuse and alteration of the information you provide. When you place an order or give us personal information, such as name, address, credit card or social security number, you are automatically on our secure server. Our secure server software encrypts the information you input before it is sent to us to protect your data against unauthorized access.
Links to Other Websites
As a resource to our visitors we provide links to other Websites, which we believe are useful and meet our high standards. However, Qivana is not responsible for the contents of such linked Websites. In particular, Qivana is not responsible for the privacy notices or practices provided in such linked Websites.
Third Parties
We are not in the business of selling your personal information to third parties. We may share such information from time to time with the following third parties:
• Those employees, directors and managers of Qivana and its local and foreign associated/affiliated companies who have a need to access your personal information in carrying out their responsibilities;
• Any agent, contractor, supplier, vendor, or third party who provides administrative, advertising, printing, or other services to Qivana or its affiliated companies, including but not limited to distribution centers, external auditors, medical practitioners, trustees, insurance companies, actuaries;
• Any government agency or other appropriate governmental, police, or regulatory authority in the United States or elsewhere in order to meet legal security and regulatory requirements; and
• In the case of information submitted by IBOs, any consultant/agent appointed by Qivana or its affiliated companies to plan, provide and/or administer IBO benefits.
Transfer
The consent you have provided herein to the use of your personal information by Qivana or its affiliates shall also extend to any person or corporation to which Qivana may transfer its business, provided that such personal information is used for the same purposes.
Discontinuing Service
We provide you the opportunity to discontinue receiving future e-mail communications from us at the point where we request information from you. This gives you the option to remove your e-mail address from our database so that you do not receive any future mailings and no longer receive our service.
You can exercise this option at any time by sending us an e-mail at support@qivana.com. If you do discontinue service, you will not be able to use password-protected areas of our site such as MyQivana.com.
Access to Personal Information
You have the right to request and obtain from Qivana the personal information Qivana has on file about you and request a correction of any data that is inaccurate. You may also request Qivana to inform you of the type of personal information maintained by Qivana. Requests for access to and correction of personal data or information about Qivana’s policies and procedures regarding personal data should be addressed in writing to Qivana IBO Support:
Qivana, LLC
5255 North Edgewood Drive, Ste 225
Provo, UT 84604
Tel: 801-610-4600
Fax: 801-610-4646
Questions or comments about Qivana should be emailed to support@qivana.com.