TERMS OF USE AND DMCA NOTICE

 

Effective Date: July 20, 2023 

To review material modifications and their effective dates scroll to the bottom of the page.

  

1.Parties.  The parties to these Terms of Use are you,  and the owner of this 5DayDetoxCleanse.com website business, Gracious  Publishing Company (“GPC”).  All references to “we”, “us”, “our”, this  “website” or this “site” shall be construed to mean this website  business and GPC.

  

2.Use And Restrictions.  Subject to these Terms of Use  and our Privacy Policy, you may use the public areas of this site, but  only for your own internal purposes.  You agree not to access (or  attempt to access) this site by any means other than through the  interface we provide, unless you have been specifically allowed to do so  in a separate agreement. You agree not to access (or attempt to access)  this site through any automated means (including use of scripts or web  crawlers), and you agree to comply with the instructions set out in any  robots.txt file present on this site.  You are not authorized to (i)  resell, sublicense, transfer, assign, or distribute the site, its  services or content; (ii) modify or make derivative works based on the  site, its services or content; or (iii) “frame” or “mirror” the site,  its services or content on any other server or Internet-enabled device.   All rights not expressly granted in this Agreement are reserved by us  and our licensors.

 

3. Modification.  We reserve the right to modify these  Terms of Use at any time, and without prior notice, by posting an  amended Terms of Use that is always accessible through the Terms of Use  link on this site’s home page.  You should scroll to the bottom of this  page periodically to review material modifications and their effective  dates.  YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A  MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE  BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

  

4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).

 

4.1 We will not treat information that you post to  areas of this site that are viewable by others (for example, to a blog,  forum or chat-room) as proprietary, private, or confidential.  We have  no obligation to monitor posts to this site or to exercise any editorial  control over such posts; however, we reserve the right to review such  posts and to remove any material that, in our judgment, is not  appropriate.  Posting, transmitting, promoting, using, distributing or  storing content that could subject us to any legal liability, whether in  tort or otherwise, or that is in violation of any applicable law or  regulation, or otherwise contrary to commonly accepted community  standards, is prohibited, including without limitation information and  material protected by copyright, trademark, trade secret, nondisclosure  or confidentiality agreements, or other intellectual property rights,  and material that violates export control laws.

 

4.2 We, in our sole discretion and without notice,  reserve the right, but undertakes no duty, to review, edit, remove or  delete any material submitted as a comment to blog, forum or chat-room  provided for display or placed on this site.  Specifically, we reserve  the right to delete or decline to post content that contains profanity;  sexual content; overly graphic, disturbing or offensive material; vulgar  or abusive language; hate speech, defamatory comments, or offensive  language targeting any specific demographic; personal attacks of any  kind; spam; promotions for commercial products or services.

  

4.3 By submitting a comment for posting, you agree that  we are not responsible, and shall have no liability to you, with  respect to any information or materials posted by others, including  defamatory, offensive or illicit material, even material that violates  this Agreement.

  

5.Defamation; Communications Decency Act Notice.  This  site is a provider of “interactive computer services” under the  Communications Decency Act, 47 U.S.C. Section 230, and as such, our  liability for defamation and other claims arising out of any postings to  this site by third parties is limited as described therein.  We are not  responsible for content or any other information posted to this site by  third parties.  We neither warrant the accuracy of such postings or  exercise any editorial control over such posts, nor do we assume any  legal obligation for editorial control of content posted by third  parties or liability in connection with such postings, including any  responsibility or liability for investigating or verifying the accuracy  of any content or any other information contained in such postings.

  

6.Monitoring.  We reserve the right, but not the  obligation, to monitor your access and use of this site without  notification to you.  We may record or log your use in a manner as set  out in our Privacy Policy that is accessible though the Privacy Policy  link on this site’s home page.

 

7.Separate Agreements.  You may acquire products,  services and/or content from this site. We reserve the right to require  that you agree to separate agreements as a condition of your use and/or  purchase of such products, services and/or content.

 

 

8.Ownership.  The material provided on this site is  protected by law, including, but not limited to, United States copyright  law and international treaties. The copyrights and other intellectual  property in the content of this site is owned by us and/or others.  Except for the limited rights granted herein, all other rights are  reserved.

  

9.DMCA Notice.  This site is an Internet “service  provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section  512 (“DMCA”).  As Required by the DMCA, this site maintains specific  contact information provided below, including an e-mail address, for  notifications of claimed infringement regarding materials posted to this  site.  All notices should be addressed to the contact person specified  below (our agent for notice of claimed infringement):

  

Notification of Claimed Infringement:

Gracious Publishing Company

11664 National Blvd. #275

Los Angeles, CA, 90064

 

Agent’s Name/Email Address: compliance.officer-at-5DayDetoxCleanse.com

Telephone: 866-341-4898

 

You may contact our agent for notice of claimed  infringement specified above with complaints regarding allegedly  infringing posted material and we will investigate those complaints.  If  the posted material is believed in good faith by us to violate any  applicable law, we will remove or disable access to any such material,  and we  will notify the posting party that the material has been blocked  or removed.

 

In notifying us of alleged copyright infringement, the  DMCA requires that you include the following information: (i)  description of the copyrighted work that is the subject of claimed  infringement; (ii) description of the infringing material and  information sufficient to permit us to locate the alleged material;  (iii) contact information for you, including your address, telephone  number and/or e-mail address; (iv) a statement by you that you have a  good faith belief that the material in the manner complained of is not  authorized by the copyright owner, or its agent, or by the operation of  any law; (v) a statement by you, signed under penalty of perjury, that  the information in the notification is accurate and that you have the  authority to enforce the copyrights that are claimed to be infringed;  and (vi) a physical or electronic signature of the copyright owner or a  person authorized to act on the copyright owner’s behalf.  Failure to  include all of the above-listed information may result in the delay of  the processing of your complaint.

 

10.Warranty Disclaimers.  EXCEPT AS MAY BE PROVIDED IN  ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES,  CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER  WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH  RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.  EXCEPT AS MAY BE  PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR  SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS  LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW,  ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR  PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT  NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS,  TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR  PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT  THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE,  TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY  OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR  REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER  HARMFUL COMPONENTS.  THIS SITE IS NOT ENGAGED IN THE PRACTICE OF LAW.   NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY OR THROUGH THE USE OF THIS  SITE.  ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.   THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO  PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED  HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT  BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE  LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME  STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED  WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  

11.Limitation of Liability.   IN NO EVENT SHALL THIS  SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT,  PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES  OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR  OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH  THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION,  INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR  OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES.

 

12.Links to This Site.  We grant to you a limited,  revocable, and nonexclusive right to create a hyperlink to this site  provided that the link does not portray us or our products or services  in a false, misleading, derogatory, or offensive matter. You may not use  any logo, trademark, or tradename that may be displayed on this site or  other proprietary graphic image in the link without our prior written  consent.

 

13.Links to Third Party Websites.  We do not review or  control third party websites that link to or from this site, and we are  not responsible for their content, and do not represent that their  content is accurate or appropriate. Your use of any third party site is  on your own initiative and at your own risk, and may be subject to the  other sites’ terms of use and privacy policy.

  

14.Participation In Promotions of Advertisers.  You  may enter into correspondence with or participate in promotions of  advertisers promoting their products, services or content on this site.   Any such correspondence or participation, including the delivery of and  the payment for products, services or content, are solely between you  and each such advertiser.

  

15.Consumer Rights Information; California Civil Code  Section 1789.3.  If this site charges for services, products, content,  or information, pricing information will be posted as part of the  ordering process for this site.  We maintain specific contact  information including an e-mail address for notifications of complaints  and for inquiries regarding pricing policies in accordance with  California Civil Code Section 1789.3.  All correspondence should be  addressed to our agent for notice at the following address:

  

Notification of Consumer Rights Complaint or Pricing Inquiry:

Gracious Publishing Company

11664 National Blvd. #275

Los Angeles, CA, 90064

Contact: compliance.officer-at-5DayDetoxCleanse.com

Telephone:866-341-4898

  

You may contact us with complaints and inquiries  regarding pricing and we will investigate those matters and respond to  the inquiries.

 

 

The Complaint Assistance Unit of the Division of  Consumer Services of the Department of Consumer Affairs may be contacted  in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by  telephone at 1-916-445-1254.

 

 

16.Arbitration.  Except for actions to protect  intellectual property rights and to enforce an arbitrator’s decision  hereunder, all disputes, controversies, or claims arising out of or  relating to this Agreement or a breach thereof shall be submitted to and  finally resolved by arbitration under the rules of the American  Arbitration Association (“AAA”) then in effect.  There shall be one  arbitrator, and such arbitrator shall be chosen by mutual agreement of  the parties in accordance with AAA rules.  The arbitration shall take  place in Los Angeles, CA, USA, and may be conducted by telephone or  online.  The arbitrator shall apply the laws of the California, USA to  all issues in dispute.  The controversy or claim shall be arbitrated on  an individual basis, and shall not be consolidated in any arbitration  with any claim or controversy of any other party.  The findings of the  arbitrator shall be final and binding on the parties, and may be entered  in any court of competent jurisdiction for enforcement. Enforcements of  any award or judgment shall be governed by the United Nations  Convention on the Recognition and Enforcement of Foreign Arbitral  Awards.  Should either party file an action contrary to this provision,  the other party may recover attorney’s fees and costs up to $1000.00.

 

17. Jurisdiction And Venue.  The courts of Los Angeles  County in the State of California, USA and the nearest U.S. District  Court in the State of California shall be the exclusive jurisdiction and  venue for all legal proceedings that are not arbitrated under these  Terms of Use.

 

18. Controlling Law.  This Agreement shall be construed  under the laws of the California, USA, excluding rules regarding  conflicts of law.  The application the United Nations Convention of  Contracts for the International Sale of Goods is expressly excluded.

  

19. Intended For Use Only Within The United States.   This site is intended for use only from within the United States. We do  not represent that this site is appropriate for use elsewhere.  Access  to this site from locations where its contents are illegal is not  authorized.

 

20. Onward Transfer of Personal Information Outside  Your Country of Residence.  Any personal information which we may  collect on this site will be stored and processed in our servers located  only in the United States.  If you reside outside the United States,  you consent to the transfer of personal information outside your country  of residence to the United States.

  

21. Severability.   If any provision of these terms is  declared invalid or unenforceable, such provision shall be deemed  modified to the extent necessary and possible to render it valid and  enforceable.  In any event, the unenforceability or invalidity of any  provision shall not affect any other provision of these terms, and these  terms shall continue in full force and effect, and be construed and  enforced, as if such provision had not been included, or had been  modified as above provided, as the case may be.

 

22.Force Majeure.  We shall not be liable for damages  for any delay or failure of delivery arising out of causes beyond our  reasonable control and without our fault or negligence, including, but  not limited to, Acts of God, acts of civil or military authority, fires,  riots, wars, embargoes, Internet disruptions, hacker attacks, or  communications failures.

  

23.Privacy.  Please review this site’s Privacy Policy  which also governs your visit to this site.  Our Privacy Policy is  always accessible on our site’s home page.

 

 

Material Modifications Since July 20, 2014:  none.

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