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Terms and Conditions


TERMS AND CONDITIONS

Last updated: April 07, 2022

Please read these terms and conditions carefully before using Our Service.


INTERPRETATION AND DEFINITIONS


INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.


DEFINITIONS

For the purposes of these Terms and Conditions:

 * Application means the software program provided by the Company downloaded by
   You on any electronic device, named EVEXIAS Online App
 * Application Store means the digital distribution service operated and
   developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store)
   in which the Application has been downloaded.
 * Affiliate means an entity that controls, is controlled by or is under common
   control with a party, where “control” means ownership of 50% or more of the
   shares, equity interest or other securities entitled to vote for election of
   directors or other managing authority.
 * Account means a unique account created for You to access our Service or parts
   of our Service.
 * Country refers to: Texas, United States
 * Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
   Agreement) refers to EVEXIAS Health Solutions, LLC, 920 S Kimball Avenue –
   Suite 100, Southlake, TX 76092.
 * Content refers to content such as text, images, or other information that can
   be posted, uploaded, linked to or otherwise made available by You, regardless
   of the form of that content.
 * Device means any device that can access the Service such as a computer, a
   cellphone or a digital tablet.
 * Feedback means feedback, innovations or suggestions sent by You regarding the
   attributes, performance or features of our Service.
 * Goods refer to the items offered for sale on the Service.
 * In-app Purchase refers to the purchase of a product, item, service or
   Subscription made through the Application and subject to these Terms and
   Conditions and/or the Application Store’s own terms and conditions.
 * Orders mean a request by You to purchase Goods from Us.
 * Promotions refer to contests, sweepstakes or other promotions offered through
   the Service.
 * Service refers to the Application or the Website or both.
 * Terms and Conditions (also referred as “Terms”) mean these Terms and
   Conditions that form the entire agreement between You and the Company
   regarding the use of the Service.
 * Third-party Social Media Service means any services or content (including
   data, information, products or services) provided by a third-party that may
   be displayed, included or made available by the Service.
 * Website refers to EVEXIAS Online Website, accessible from
   https://online.evexias.com
 * You means the individual accessing or using the Service, or the company, or
   other legal entity on behalf of which such individual is accessing or using
   the Service, as applicable.


ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and Conditions
set out the rights and obligations of all users regarding the use of the
Service.

Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to
all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then You
may not access the Service.

You represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of
and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and tells
You about Your privacy rights and how the law protects You. Please read Our
Privacy Policy carefully before using Our Service.


PLACING ORDERS FOR GOODS

By placing an Order for Goods through the Service, You warrant that You are
legally capable of entering into binding contracts.


YOUR INFORMATION

If You wish to place an Order for Goods available on the Service, You may be
asked to supply certain information relevant to Your Order including, without
limitation, Your name, Your email, Your phone number, Your credit card number,
the expiration date of Your credit card, Your billing address, and Your shipping
information.

You represent and warrant that: (i) You have the legal right to use any credit
or debit card(s) or other payment method(s) in connection with any Order; and
that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of facilitating the
completion of Your Order.


ORDER CANCELLATION

We reserve the right to refuse or cancel Your Order at any time for certain
reasons including but not limited to:

 * Goods availability
 * Errors in the description or prices for Goods
 * Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized
or illegal transaction is suspected.


YOUR ORDER CANCELLATION RIGHTS

Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our
Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the
same condition as You received them. You should also include all of the products
instructions, documents and wrappings. Goods that are damaged or not in the same
condition as You received them or which are worn simply beyond opening the
original packaging will not be refunded. You should therefore take reasonable
care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the
returned Goods. We will use the same means of payment as You used for the Order,
and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the
following Goods:

 * The supply of Goods made to Your specifications or clearly personalized.
 * The supply of Goods which according to their nature are not suitable to be
   returned, deteriorate rapidly or where the date of expiry is over.
 * The supply of Goods which are not suitable for return due to health
   protection or hygiene reasons and were unsealed after delivery.
 * The supply of Goods which are, after delivery, according to their nature,
   inseparably mixed with other items.
 * The supply of digital content which is not supplied on a tangible medium if
   the performance has begun with Your prior express consent and You have
   acknowledged Your loss of cancellation right.


AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating Our offerings of Goods on the Service. The Goods
available on Our Service may be mispriced, described inaccurately, or
unavailable, and We may experience delays in updating information regarding our
Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information,
including prices, product images, specifications, availability, and services. We
reserve the right to change or update information and to correct errors,
inaccuracies, or omissions at any time without prior notice.


PRICES POLICY

The Company reserves the right to revise its prices at any time prior to
accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order
in the event of any occurrence affecting delivery caused by government action,
variation in customs duties, increased shipping charges, higher foreign exchange
costs and any other matter beyond the control of the Company. In that event, You
will have the right to cancel Your Order.


PAYMENTS

All Goods purchased are subject to a one-time payment. Payment can be made
through various payment methods we have available, such as Visa, MasterCard,
Affinity Card, American Express cards or online payment methods (PayPal, for
example).

Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
Order.


IN-APP PURCHASES

The Application may include In-app Purchases that allow you to buy products,
services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your
Device may be set out in the Application Store’s own terms and conditions or in
your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make a
In-app Purchase, that In-app Purchase cannot be cancelled after you have
initiated its download. In-app Purchases cannot be redeemed for cash or other
consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it
has been successfully downloaded, we will, after becoming aware of the fault or
being notified to the fault by You, investigate the reason for the fault. We
will act reasonably in deciding whether to provide You with a replacement In-app
Purchase or issue You with a patch to repair the fault. In no event will We
charge You to replace or repair the In-app Purchase. In the unlikely event that
we are unable to replace or repair the relevant In-app Purchase or are unable to
do so within a reasonable period of time and without significant inconvenience
to You, We will authorize the Application Store to refund You an amount up to
the cost of the relevant In-app Purchase. Alternatively, if You wish to request
a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled
by the Application Store from where you downloaded the Application and are
governed by that Application Store’s own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to
contact the Application Store directly.


PROMOTIONS

Any Promotions made available through the Service may be governed by rules that
are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well
as our Privacy policy. If the rules for a Promotion conflict with these Terms,
the Promotion rules will apply.


USER ACCOUNTS

When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.

You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use of
Your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.


CONTENT


YOUR RIGHT TO POST CONTENT

Our Service allows You to post Content. You are responsible for the Content that
You post to the Service, including its legality, reliability, and
appropriateness.

By posting Content to the Service, You grant Us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. You retain any and all of Your rights to any
Content You submit, post or display on or through the Service and You are
responsible for protecting those rights. You agree that this license includes
the right for Us to make Your Content available to other users of the Service,
who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You
have the right to use it and grant Us the rights and license as provided in
these Terms, and (ii) the posting of Your Content on or through the Service does
not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person.


CONTENT RESTRICTIONS

The Company is not responsible for the content of the Service’s users. You
expressly understand and agree that You are solely responsible for the Content
and for all activity that occurs under your account, whether done so by You or
any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:

 * Unlawful or promoting unlawful activity.
 * Defamatory, discriminatory, or mean-spirited content, including references or
   commentary about religion, race, sexual orientation, gender, national/ethnic
   origin, or other targeted groups.
 * Spam, machine – or randomly – generated, constituting unauthorized or
   unsolicited advertising, chain letters, any other form of unauthorized
   solicitation, or any form of lottery or gambling.
 * Containing or installing any viruses, worms, malware, trojan horses, or other
   content that is designed or intended to disrupt, damage, or limit the
   functioning of any software, hardware or telecommunications equipment or to
   damage or obtain unauthorized access to any data or other information of a
   third person.
 * Infringing on any proprietary rights of any party, including patent,
   trademark, trade secret, copyright, right of publicity or other rights.
 * Impersonating any person or entity including the Company and its employees or
   representatives.
 * Violating the privacy of any third person.
 * False information and features.

The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Terms, refuse or remove this Content. The Company further reserves the
right to make formatting and edits and change the manner of any Content. The
Company can also limit or revoke the use of the Service if You post such
objectionable Content. As the Company cannot control all content posted by users
and/or third parties on the Service, you agree to use the Service at your own
risk. You understand that by using the Service You may be exposed to content
that You may find offensive, indecent, incorrect or objectionable, and You agree
that under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of your use of any content.


CONTENT BACKUPS

Although regular backups of Content are performed, the Company does not
guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content
that is corrupted prior to being backed up or that changes during the time a
backup is performed.

The Company will provide support and attempt to troubleshoot any known or
discovered issues that may affect the backups of Content. But You acknowledge
that the Company has no liability related to the integrity of Content or the
failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location
independent of the Service.


COPYRIGHT POLICY


INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a copyright or
other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, You must submit Your
notice in writing to the attention of our copyright agent via email at
support@evexias.com and include in Your notice a detailed description of the
alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees)
for misrepresenting that any Content is infringing Your copyright.


DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):

 * An electronic or physical signature of the person authorized to act on behalf
   of the owner of the copyright’s interest.
 * A description of the copyrighted work that You claim has been infringed,
   including the URL (i.e., web page address) of the location where the
   copyrighted work exists or a copy of the copyrighted work.
 * Identification of the URL or other specific location on the Service where the
   material that You claim is infringing is located.
 * Your address, telephone number, and email address.
 * A statement by You that You have a good faith belief that the disputed use is
   not authorized by the copyright owner, its agent, or the law.
 * A statement by You, made under penalty of perjury, that the above information
   in Your notice is accurate and that You are the copyright owner or authorized
   to act on the copyright owner’s behalf.

You can contact our copyright agent via email at support@evexias.com. Upon
receipt of a notification, the Company will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged content
from the Service.


INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other
users), features and functionality are and will remain the exclusive property of
the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the
Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of the Company.


YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to grant
the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and license to use, reproduce, disclose, sub-license, distribute, modify
and exploit such Feedback without restriction.


LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not
owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You
further acknowledge and agree that the Company 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 the use of or reliance on any such content,
goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of
any third-party web sites or services that You visit.


TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You breach
these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.


LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven’t purchased
anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to the
use of or inability to use the Service, third-party software and/or third-party
hardware used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential
purpose.

Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of the
above limitations may not apply. In these states, each party’s liability will be
limited to the greatest extent permitted by law.


“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults
and defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and on behalf of its Affiliates
and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with
respect to the Service, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties
that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty
or undertaking, and makes no representation of any kind that the Service will
meet Your requirements, achieve any intended results, be compatible or work with
any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will
be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.


GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this
Terms and Your use of the Service. Your use of the Application may also be
subject to other local, state, national, or international laws.


DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to
resolve the dispute informally by contacting the Company.


FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.


UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated by
the United States government as a “terrorist supporting” country, and (ii) You
are not listed on any United States government list of prohibited or restricted
parties.


SEVERABILITY AND WAIVER


SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.


WAIVER

Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.


TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text shall
prevail in the case of a dispute.


CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.


CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

 * By email: support@evexias.com
 * By visiting this page on our website: https://online.evexias.com/support

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and Privacy Policy


PRIVACY POLICY


WHO WE ARE

Our website address is: https://online.evexias.com.


COMMENTS

When visitors leave comments on the site we collect the data shown in the
comments form, and also the visitor’s IP address and browser user agent string
to help spam detection.

An anonymized string created from your email address (also called a hash) may be
provided to the Gravatar service to see if you are using it. The Gravatar
service privacy policy is available here: https://automattic.com/privacy/. After
approval of your comment, your profile picture is visible to the public in the
context of your comment.


MEDIA

If you upload images to the website, you should avoid uploading images with
embedded location data (EXIF GPS) included. Visitors to the website can download
and extract any location data from images on the website.


COOKIES

If you leave a comment on our site you may opt-in to saving your name, email
address and website in cookies. These are for your convenience so that you do
not have to fill in your details again when you leave another comment. These
cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your
browser accepts cookies. This cookie contains no personal data and is discarded
when you close your browser.

When you log in, we will also set up several cookies to save your login
information and your screen display choices. Login cookies last for two days,
and screen options cookies last for a year. If you select “Remember Me”, your
login will persist for two weeks. If you log out of your account, the login
cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your
browser. This cookie includes no personal data and simply indicates the post ID
of the article you just edited. It expires after 1 day.


EMBEDDED CONTENT FROM OTHER WEBSITES

Articles on this site may include embedded content (e.g. videos, images,
articles, etc.). Embedded content from other websites behaves in the exact same
way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional
third-party tracking, and monitor your interaction with that embedded content,
including tracking your interaction with the embedded content if you have an
account and are logged in to that website.


WHO WE SHARE YOUR DATA WITH

If you request a password reset, your IP address will be included in the reset
email.


HOW LONG WE RETAIN YOUR DATA

If you leave a comment, the comment and its metadata are retained indefinitely.
This is so we can recognize and approve any follow-up comments automatically
instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal
information they provide in their user profile. All users can see, edit, or
delete their personal information at any time (except they cannot change their
username). Website administrators can also see and edit that information.


WHAT RIGHTS YOU HAVE OVER YOUR DATA

If you have an account on this site, or have left comments, you can request to
receive an exported file of the personal data we hold about you, including any
data you have provided to us. You can also request that we erase any personal
data we hold about you. This does not include any data we are obliged to keep
for administrative, legal, or security purposes.


WHERE WE SEND YOUR DATA

Visitor comments may be checked through an automated spam detection service.

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