If you do
not agree to the Terms of Use, please discontinue using the
site immediately!
By using this
site, you signify your Assent and Agreement to these Terms
of Use. If you do not agree to these Terms of Use, please do
not use the site.
Please check
this Agreement periodically for changes as The Competitive
Edge, MonaVie, The Virtual Prospector
reserves the right to revise this Agreement and your
continued use of this site following the posting of any
changes to the Agreement constitutes acceptance of such
changes. The Competitive Edge, MonaVie, The Virtual
Prospector reserves the right to terminate a
User's use of this site at any time without notice and may
do so for any breach of this Agreement or the instructions
on this site by User. This Agreement applies to licensors
and advertisers as well.
Restrictions on Use of Materials
Except as may
be explicitly permitted through this site, you agree not to
save, download, cut and paste, sell, license, rent, lease,
modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create
derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly,
a collection, compilation, database or directory without
written permission from The Competitive Edge, MonaVie, The
Virtual Prospector is prohibited. In
addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited.
Database Ownership, License, and Use
Except with regard to personal information, all
information which you post on this site or communicate to
The Competitive Edge, MonaVie, The Virtual Prospector through this site (collectively
"Submissions") shall forever be the property of
The Competitive Edge, MonaVie, The Virtual Prospector. The
Competitive Edge, MonaVie, The Virtual Prospector shall not treat any submission as
confidential and shall not incur any liability as a result
of any similarities that may appear in future Company
services or products. Without limitation, The Competitive
Edge, MonaVie, The Virtual Prospector
shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature
everywhere. You acknowledge that you are fully responsible
for the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe
the rights of any third party.
Trademarks
The Competitive Edge, MonaVie, The Virtual Prospector's, licensors' or other third party
materials, services or products referenced on this site are
common law or registered trade marks or service marks of
such parties.
Third party sites
You may be transferred to online merchants or other third
party sites through links or frames from this site. You are
cautioned to read such sites' Terms and Conditions and/or
Privacy Policies before using such sites in order to be
aware of the terms and conditions of your use of such sites.
These sites may contain information or material that is
illegal, unreasonable or that some people may find
inappropriate or offensive. These other sites are not under
the control of The Competitive Edge, MonaVie, The Virtual
Prospector, are not monitored or
reviewed by The Competitive Edge, MonaVie, The Virtual
Prospector, and The Competitive Edge, MonaVie, The Virtual
Prospector is not
aware of the contents of such sites. You acknowledge that
The Competitive Edge, MonaVie, The Virtual Prospector is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect
of the contents or any transmissions received through such
sites. The inclusion of such a link or frame does not imply
endorsement of this site by The Competitive Edge, MonaVie,
The Virtual Prospector, its
advertisers or licensors, any association with its operators
and is provided solely for your convenience. You agree that
The Competitive Edge, MonaVie, The Virtual Prospector and its licensors have no liability
whatsoever from such third party sites and your usage of
them.
Disclaimer of warranties
The Competitive Edge, MonaVie, The Virtual Prospector, its advertisers and licensors make no
representations or warranties about this site, the
suitability of the information contained on or received
through use of this site, or any services or products
received through this site. All information and use of this
site are provided "as is" without warranty of any kind.
The Competitive Edge, MonaVie, The Virtual Prospector, advertisers and/or its licensors hereby
disclaim all warranties with regard to this site, the
information contained on or received through use of this
site and any services or products received through this
site, including all express, statutory, and implied
warranties of merchantability, fitness for a particular
purpose, title and non-infringement. The Competitive Edge,
MonaVie, The Virtual Prospector,
advertisers and/or its licensors do not warrant that the
contents or any information receive through this site are
accurate, reliable or correct; that this site will be
available at any particular time or location; that any
defects or errors will be corrected; or that the contents or
any information received through this site is free of
viruses or other harmful components. Your use of this site
is solely at your risk. User agrees that it has relied on no
warranties, representations or statements other than in this
agreement. Because some jurisdictions do not permit the
exclusion of certain warranties, these exclusions may not
apply to you but shall apply to the maximum extent permitted
by law of your jurisdiction.
Limitation of liability
Under no circumstances shall The Competitive Edge,
MonaVie, The Virtual Prospector,
advertisers and/or its licensors be liable for any direct,
indirect, punitive, incidental, special, or consequential
damages that result from, or arise out of the use of, or
inability to use, this site, the information contained on or
received through use of this site, or any services or
products received through this site. This limitation applies
whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if
The Competitive Edge, MonaVie, The Virtual Prospector, advertisers and/or its licensors have been
advised of the possibility of such damage. Because some
jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, The Competitive Edge,
MonaVie, The Virtual Prospector,
advertisers and/or its respective licensors' liability in
such jurisdictions shall be limited to the maximum extent
permitted by law of your jurisdiction.
Indemnification
You agree to defend, indemnify, and hold harmless The
Competitive Edge, MonaVie, The Virtual Prospector, its advertisers, licensors, subsidiaries and
other affiliated companies, and their employees,
contractors, officers, agents and directors from all
liabilities, claims, and expenses, including attorney's
fees, that arise from your use of this site, or any
services, information or products from this site, or any
violation of this Agreement. The Competitive Edge, MonaVie,
The Virtual Prospector reserves the
right; at it own expense, to assume the exclusive defense
and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate
with The Competitive Edge, MonaVie, The Virtual Prospector in asserting any available defenses.
Legal compliance
The Competitive Edge, MonaVie, The Virtual Prospector may suspend or terminate this Agreement
or User's use immediately upon receipt of any notice which
alleges that User has used this site for any purpose that
violates any local, state, federal or law of other nations,
including but not limited to the posting of information that
may violate third party rights, that may defame a third
party, that may be obscene or pornographic, that may harass
or assault others, that may violate hacking or other
criminal regulations, etc. Of its agents, officers,
directors, contractors or employees. In such event, The
Competitive Edge, MonaVie, The Virtual Prospector may disclose the User's identity and contact
information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action, and
The Competitive Edge, MonaVie, The Virtual Prospector shall not be liable for damages or results
thereof and User agrees not to bring any action or claim
against The Competitive Edge, MonaVie, The Virtual
Prospector for such disclosure.
Choice of law and forum
This site (excluding third party linked sites) is
controlled by The Competitive Edge, MonaVie, The Virtual
Prospector from its offices within the
State of Utah, U.S. of America. It can be access from all 50
states as well as from other countries around the world to
the extent permitted by site. As each of these places has
laws that may differ from Utah, by accessing this site, both
you and The Competitive Edge, MonaVie, The Virtual
Prospector agree that the statues and laws of
Utah shall apply to any actions or claims arising out of or
in relation to this Agreement or your use of this site,
without regard to conflicts of laws principles thereof. You
and The Competitive Edge, MonaVie, The Virtual Prospector also agree and hereby submit to the
filing of any claim only in the exclusive personal
jurisdiction and venue of Utah and any legal proceedings
shall be conducted in English. The Competitive Edge,
MonaVie, The Virtual Prospector makes no
representation that materials on this site are appropriate
or available for use in other locations, and accessing them
from territories where their contents are illegal is
prohibited. This Agreement shall not be governed by the
United Nations Convention on Contracts for the Sale of
Goods.
Miscellaneous
These Terms of Use will apply to every access to The
Competitive Edge, MonaVie, The Virtual Prospector. The
Competitive Edge, MonaVie, The Virtual Prospector reserves the right to issue
revisions to these Terms of Use by publishing a revised
version of this document on this site: that version will
then apply to all use by you following the date of
publication. Each access of information from The Competitive
Edge, MonaVie, The Virtual Prospector will be a separate, discrete transaction based on the
then prevailing terms. These Terms of Use shall be governed
by, construed and enforced in accordance with the laws of
Utah, as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate The Competitive Edge, MonaVie, The
Virtual Prospector and/or its
affiliates' intellectual property rights, The Competitive
Edge, MonaVie, The Virtual Prospector
and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the
State of Utah, and you consent to exclusive jurisdiction and
venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Summit
County, State of Utah. Any costs and fees other than
attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Salt Lake
County, State of Utah, under the rules of the American
Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with
jurisdiction to do so.
If any provision of this agreement is void or unenforceable
in whole or in part, the remaining provisions of this
Agreement shall not be affected thereby.
