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Associate Program Terms of Service (ATOS)



  1. ACCEPTANCE OF TERMS

    Welcome to eAntiAging.com ("eAA.com"). This Associate Program (the "ASP") is provided to you, subject to the following Associate Program Terms of Service ("ATOS"), which may be updated by us from time to time without notice to you. We will not alter Section 6 ("Content Submitted to eAntiAging.com") without prior notice to and acceptance by you. You can review the most current version of the ATOS at any time at www.eAntiAging.com.

    By completing the registration/application process to be part of the ASP and/or selecting the "Log In " option, you are indicating your agreement to be bound by this ATOS and such terms that may be modified from time to time.


  2. DESCRIPTION OF SERVICE

    eAntiAging.com, through its Associate Program (ASP) currently provides users with access to a rich collection of on-line resources, including personal web-page gateway (WG) hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new eAntiAging.com resources, shall be subject to the ATOS. In order to use the Service, you must obtain access to the World Wide Web through your own subscription to internet services, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary for you to make such connection to the World Wide Web.

    You agree that one major purpose of the Service is to provide a personal web-page gateway (WG) to direct visitors from your current web-site to eAntiAging.com web site. eAntiAging.com is a site that is focused on anti-aging health and lifestyle. It is an educational and information based system with nutritional supplements available to the consumer for purchase.

    By completing the registration/application process to be part of the ASP and/or selecting the "Log In " option, you are indicating your agreement to be additionally bound, during the entire term of this ATOS, by the eAntiAging.com General Disclaimer, eAntiaging.com Associate Commission Plan, eAntiAging.com Terms of Service & Conditions (TOSC) and eAntiAging.com Privacy Policy, all of which are located in www.eAntiAging.com with terms relating to these that may be modified from time to time.


  3. YOUR REGISTRATION OBLIGATIONS

    In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if eAA.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eAA.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without refund of your subscription fee (SF)


  4. eAA.com PRIVACY POLICY

    You agree to be bound by the complete eAA.com Privacy Policy as posted and amended in the eAntiAging.com web site from time to time. Pursuant to that policy, we may disclose to third parties certain aggregate information contained in your Registration/Application Data or related data.


  5. ASSOCIATE CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not eAA.com, are solely and entirely responsible for all Content that you upload, post or otherwise transmit via the Service. eAA.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive and you are proceeding at your own risk.

    You agree to not use the Service to:

    1. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, or upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    2. upload or transmit any inappropriate content that is unlawful, harmful, threatening, or abusive.
    3. misrepresent or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    4. lead visitors to believe that you are establish a doctor-patient relationship with them, or that there is an element of diagnosing, treating, and curing disease;
    5. make health claims that are not substantiated properly or not accompanied by the proper disclosures or disclaimers;
    6. offer any information about you that is not already public information obtainable from various other sources;
    7. impersonate any person or entity, including, but not limited to, a eAA.com official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    8. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    9. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to destroy or limit the(k) violate any applicable local, state, national or international law;
    10. practice medicine or any other licensed business or professional practice through this Site unless you are properly licensed and/or authorized to conduct such business and/or practice in all areas and jurisdictions to which this web site may be available. You will provide proof of authorization or licensing to eAA.com upon demand by eAA.com or any of its representatives;
    11. collect or store data about other users; functionality of any computer software or hardware;
    12. interfere with or disrupt the Service or servers or networks connected to the Service;
    13. engage in commercial activities without enrolling in eAA.com-approved affiliate programs. This includes, but is not limited to, the following activities:
      • offering for sale any products or service ; conducting raffles or contests that require any type of entry fees; conducting games that is gambling in nature.
      • displaying a sponsorship banner of any kind or displaying banners for services that provide cash or cash equivalent prices, including those that are generated by banner or link exchange services, with the sole exceptions of the eAA.com Banner Exchange program and banners approved by eAA.com; and
    14. In addition, you will also make certain that any mass mail or email solicitation you may make or provide is instantly cancelable by the recipient;
    15. You will provide a current contact address at which you can be contacted by email, product or service recipients including both an email address and a physical address so customers/contacts may redress complaints and/or cancel email mass mail receipts.

  6. CONTENT SUBMITTED TO EANTIAGING.COM as part of the ASP to be uploaded into your eAntiaging.com web-page gateway (WG)

    You must be a current registered user of ASP in good standing during the entire course of publishing in the WG. eAA.com does not claim ownership of the Content you place on your WG as part of the ASP. By submitting Content to eAA.com for inclusion on your WG, you grant eAA.com the irrevocable, world-wide, license/royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your WG on eAA.com's Internet properties.

    You acknowledge that eAA.com does not pre-screen Content of the Service, but that eAA.com and its designees shall have the right (but not the obligation) in their discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, eAA.com and its designees shall have the right to remove any Content that violates the ATOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    As a convenience feature to Associates, eAA.com makes available templates that is generic in nature and that which is generally applicable to any Associate. Such template generally contains a brief description of the Associate. s line of business and endorsement of eAA.com by the Associate to visitors of the WG. The Associate hereby agrees that in the absence of the Associate providing Content and uploading of same, eAA.com template will be upload as default automatically for the purpose of expediency . Permission by the Associate to eAA.com is hereby granted for uploading of such template. The Associate accepts full responsibility of Contents so contained in such template.


  7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    You agree to comply with all local rules regarding online conduct and acceptable Content in each country where your Content is displayed. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.



  8. INDEMNITY

    You agree to indemnify and hold eAA.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, costs, and/or damages made by any third party due to or arising out of your content, your use of the Service, your connection to the Service, your violation of the ATOS, or your violation of any rights of another. To the extent that you have liability insurance to cover you for defects in the products, services and/or information you provide through this site, you will add eAA.com as a "named insured" to any such policy of insurance to guarantee indemnity. Notwithstanding any insurance, you will indemnify and hold eAA.com harmless against any and all claims of any kind or nature arising out of this agreement or your use of the eAA.com web site. You will provide proof of such insurance upon demand from eAA.com or its representatives.



  9. NO RESALE OF SERVICE

    You agree not to reproduce, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. You agree that you shall not assign or license your rights as an ASP to another party.



  10. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that eAA.com may establish general practices and limits concerning use of the Service. Limitations including but is not limited to storage space, color presentation, archive parameters.



  11. MODIFICATIONS and TERMINATION OF SERVICE

    Any fee paid by you in association with the ASP including but not limited to any subscription fee, renewal fee, and custom fee paid by you to remain on the Service is non refundable upon your termination of the service for any reason because of the administrative work involved to setup, upkeep, maintain, and take down your ASP account and WG file upon termination.

    eAA.com reserves the right to charge fees, surcharges at any time upon (30) days prior written notice to you by email or by regular post.

    30 days advance notice of termination is required by either party unless as specified below. If proper notice is given, eAA.com has no liability to refund in part or in whole any unused subscription period. In lieu of notice, eAA.com has the option of giving to you compensation equal to one-tenth (1/10th) of your latest prepaid annual subscription fee or the latest published renewal fee, whichever is lower, in the form of refund or credit as eAA.com so choose in lieu of notice and eAA.com shall have the right to terminate your Service and account at anytime without notice or cause. No advance notice or cause is required and no refund is due to you for any suspension or discontinuing of service, temporarily or permanently, for any termination which in the sole and absolute opinion of eAA.com is due to the your violation of the ATOS.

    You agree that eAA.com, in its sole discretion, may terminate your account and password, if any, to your ASP, use of the Service or use of any other eAA.com service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if eAA.com believes that you have violated or acted inconsistently with the letter or spirit of the ATOS. No refund of any SF is due to you in such cases.

    You additionally agree that any termination of your access to the Service under any provision of this ATOS may be effected without prior notice, and acknowledge and agree that eAA.com may immediately deactivate or delete your WG and all related information and files in your WG and/or bar any further access to such files or the Service. Further, you agree that eAA.com shall not be liable to you or any third-party for any termination of your access to the Service.



  12. ADVERTISEMENTS AND PROMOTIONS

    eAA.com runs advertisements and promotions on eAA.com and/or any or all of the WG sites. By creating your WG, you agree that eAA.com has the right to run such advertisements and promotions on your WG. A dominant banner may be placed by eAA.com on your WG. The manner, mode and extent of advertising by eAA.com on your WG site is subject to change at the sole discretion of eAA.com. Your correspondence or business dealings with advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and not related to eAA.com. You agree that eAA.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In the event that you secure goods or services through the various promotions, links, banners, etc., through eAA.com, you acknowledge that you are or will be fully aware of all of the risks involved in the use of any such products or services and hereby agree that you assume all risks of any kind associated with the purchase and use of those goods and services. Your sole remedy shall be through the originator of any goods and/or services purchased by you.



  13. eAA.com PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain highly proprietary and confidential information that is fully protected under the law. Except as expressly authorized by eAA.com or advertisers in writing, you agree not to resell, correct, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software obtained from or through eAA.com, in part or in whole.

    eAA.com grants you a revocable personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, erase, bug, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any way, shape or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You hereby agree not to access the Service by any means other than through the interface that is provided by eAA.com(,and to use that interface only for use in accessing the Service.

    eAA.com may, in its sole and absolute discretion, grant you a personal, non-transferable and non-exclusive right and license to use the words eAntiAging.com or any other umbrella domain name that eAA.com sees fit in providing you a unique web address to lead your visitors to your WG (e.g. eAntiAging.com/DoctorJoe if you are Doctor Joe) provided that you are in the ASP and in good standing. You agree that eAA.com remains the proprietor to various trademarks including eAntiAging and all associated devices. The revocable use of the your assigned unique domain name (e.g. eAntiAging.com/Doctor Joe) is limited solely to the term of your subscription while it is in good standing. (I)Its use will be discontinued immediately when the Service is terminated, regardless of reason. Visitors to your WG after the termination of the service may be directed to the eAntiAging.com website or any other website at our discretion. If you choose to re-activate your account, eAA.com does not warrant that the same personal web address will be available. WG address can and will be reassigned to 3rdparty once it is de-activated and you will have no claim whatsoever.



  14. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources through your WG. Because eAA.com has no control over such sites and resources, you acknowledge and agree that eAA.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. We do not patrol the contents of third party sites. You further understand and agree that eAA.com 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 such content, goods or services available on or through any such site or resource.



  15. DISCLAIMER OF WARRANTIES

    You expressly understand and agree that:

    1. Your use of the service is at your sole risk. You acknowledge and assume any such risk. The service is provided on an "as is" and "as available" basis with no other representation, directly or indirectly. eAA.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    2. eAA.com makes no warranty that:
      1. the service will be uninterrupted, timely, secure, or error-free continuously or otherwise, or that the service will meet your requirements or adhere to a certain standard,
      2. the results that may be obtained from the use of the service is guaranteed to be accurate or reliable,
      3. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations and standard, and
      4. any errors in the software will be corrected.
    3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
      (d) No advice or information, whether oral or written, obtained by you from eAA.com or through or from the service shall create any warranty not expressly stated in the ATOS.


  16. LIMITATION OF LIABILITY

    You expressly understand and agree that eAA.com shall not be liable in any way shape or form for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, attorney. s fee, use, data or other intangible losses (even if eAA.com has been advised of the possibility of such damages), resulting from:

    1. the use or the inability to use the service at any time;
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the service ; or
    5. any other matter relating to the service not covered above.


  17. EXCLUSIONS AND LIMITATIONS

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you. However, all exclusions allowed by law will apply to this agreement.



  18. NOTICE

    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the ATOS or other matters by displaying notices or links to notices to you generally on the Service. You therefore agree that you will keep eAA.com advised of your current addresses. If you do not, you agree that the last address provided to eAA.com by you shall be the proper address for providing such notice.



  19. GENERAL INFORMATION

    The ATOS constitute the entire agreement between you and eAA.com and governs your use of the Service and your enrollment in the ASP, superceding any prior agreements between you and eAA.com with respect to the ASP (including, but not limited to, any prior versions of the ATOS). If you join ASP through a hard copy application form instead of electronically, this ATOS forms the complete terms and conditions referred to in the hard copy application form.



  20. ADDITIONAL TERMS AND CONDITIONS

    You also may be subject to additional terms and conditions that may apply when you use affiliate or other eAA.com services, third-party content or third-party software.

    As part of the ASP, you may be entitled to earn Referral Points (RP) for visitors that click through your WG and make purchase at eAA.com, provided that you also join the Affiliate Program (AFP) of eAA.com prior to Referral Points being earned and remain in good standing as an affiliate throughout. The terms of agreement and rules and policies governing the Affiliate Program (AFP) are contained in a separate agreement called Affiliate Polices and Procedures Agreement (APPA) which is a separate and independent document aside from this Associate Program Terms of Service (ATOS).

    By Signing on or completing the registration/application process to be part of the ASP and/or selecting the "Log In" option, you are indicating your agreement to be bound by the APPA and Referral Points Terms and Conditions (RPTC) and such terms that may be modified from time to time if your intention is to receive Referral Points income by referring visitors to eAA.com through your WG.

    Subscription Fees and any associated renewal fees are non refundable and charged generally on an annual basis and will automatically renew upon expiration upon each expiration for terms of one year unless notified in writing 30 days prior to the expirationpursuant to the terms of this agreement.



  21. CLAIMS

    The ATOS and the relationship between you and eAA.com shall be governed by the laws of the State of California without regard to its conflict of law provisions.

    Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Web site or any information you receive from eAntiAging.com shall be brought exclusively and resolved exclusively in the County of Los Angeles

    You further agree that any and all disputes arising out of this agreement shall be submitted to binding arbitration in accordance to the rules formulated by the American Arbitration Association, with each party bearing its own expense and cost. You expressly consent to the exercise of jurisdiction over you by such arbitration proceeding. To the fullest extent permitted by applicable law .You Agree to waive your right to a jury trial with respect to any action brought arising out of this Agreement or any transaction with or involving this WebSite.



  22. FAILURE TO ENFORCE AND STATUE OF LIMITATION

    The failure of eAA.com to exercise or enforce any right or provision of the ATOS shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ATOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.



  23. TITLES AND HEADINGS

    The section titles in the ATOS are for convenience only and have no legal or contractual effect.



  24. ENTIRE AGREEMENT

    This agreement contains the entire agreement of the parties. No other agreement, statement, representation, or promise made on or before the effective date of this agreement will be binding on the parties. This agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement to the extent that both parties carry it out.



  25. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY

    If any provision of this agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect. If any provision of the ATOS is found by a court (or arbitrator) of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ATOS remain in full force and effect.

     


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No claims found on our web pages or in print have been evaluated by the Food and Drug Administration. No doctor-patient relationship is established by your visit or particpation in our website. No claim or opinion on these pages is intended to be, nor should be construed to be, medical advice. Please consult with a healthcare professional before starting any nutritional supplement, diet , exercise, stress reduction, or natural hormonal enhancement program.

 

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