Terms of Use

Terms of Use Agreement


Introduction


This Agreement creates a contract between ATLANOVA™ (hereafter identified as "we") and each user (hereafter identified as "you," or "user") regulating your usage of ATLANOVA.com. All orders accepted herein are realized by ATLANOVA™ and held accountable to the requirements presented herein. Kindly peruse these terms carefully before using ATLANOVA.com. Your usage of ATLANOVA.com signifies your consent to these conditions. Should you disagree with the stipulations outlined herein, then you may be denied usage of ATLANOVA.com. These conditions have no bearing on any transaction or relationship of the agents that has nothing to do the usage of ATLANOVA.com and/or the purchase and sale of items/products via ATLANOVA.com. 


Not an Alternative of Healthcare Advice


All information, products and services, and other subject matter provided on and throughout ATLANOVA.com and on any linked site, are dispensed for informational purposes only insofar as to help inform consultations with your physician or other primary care provider (hereafter referred to as “PCP”) regarding treatment options. 


The information furnished on ATLANOVA.com and linked sites including, but not limited to, information relating to any and all products, medical and health conditions, and treatments, is often shown in cumulative form. It is not intended as an alternative for either guidance from your PCP, or any information contained on, or in, any product label or packaging. 


You should not use the information, products and/or services, on ATLANOVA.com or any linked site, for purposes of diagnosis and/or treatment of any health and/or medical condition, or for prescription of any medication, or other treatment. You should always speak with your PCP, and carefully peruse all information provided by the product manufacturer and on, or in, any product label or packaging, before using any medication, or herbal, homeopathic, or nutritional product, beginning any diet or exercise regimen, or starting any treatment for a health/medical condition. Each and every person is different, and the way that you react to a particular product may be considerably different from the ways that other people react to such a product. You should also make sure to consult with your physician or PCP concerning any interaction between any medication you’re currently taking, and nutritional supplements. 


ATLANOVA™ cannot be held accountable for any product and/or service sold on or through ATLANOVA.com, or any claims of performance/quality made on or through ATLANOVA.com, including any claims of performance/quality made on or through any linked site. Henceforth, you have been warned that other sites on the Internet including, but not limited to, linked sites, might contain information or subject matter that some people may find disrespectful or offensive; or that is erroneous or deceptive in nature; or that is injurious, encroaching on others' rights or, otherwise, illegal. ATLANOVA expressly denies any accountability for the subject matter, courtesy, truthfulness, or legality of any information, and for any products and/or services, that appear on any linked site. 


Disclaimer of No Warranty


ATLANOVA™ is administering ATLANOVA.com and its subject matter on an "as is" basis. ATLANOVA™ and its employees, officers, directors, agents, suppliers, licensors, subject matter providers and the like, altogether known as "affiliates," make no statements or guarantees of any kind, implied or express, with respect to ATLANOVA.com or its subject matter including, but not limited to, the information, products, and/or services furnished or sold on or through ATLANOVA.com or any linked site, and the continuous, errorless use of ATLANOVA.com. ATLANOVA, and its affiliates, expressly deny all such statements and guarantees including, but not limited to, all guarantees of truth, timeliness, completeness, marketability, suitability for a particular purpose, and non-infringement. ATLANOVA™, and its affiliates, are unable to make guarantees that the site, or files available on the site, will be incorruptible by computer viruses, or similar destructive or infecting code. There are no oral or written statements by ATLANOVA™, or its affiliates, that will create any guarantee not expressly made known herein. Your usage of ATLANOVA.com, and any and all linked sites, is solely at your risk. 


Order Acceptance


Please be aware that there may be certain orders that we have to refuse and cancel. We retain the right, at our sole discretion, to reject or cancel any order for any reason. You will not be charged until the selected payment method has been approved, order information is verified for accuracy, and your order is shipped. This process has been devised for your convenience. 


Enclosed are some reasons that your order may be canceled:

  • Restrictions on quantities available for purchase and sale
  • Erroneous product or pricing information
  • Product or ingredient constraints mandated by local, state, national, or international statutes
  • Issues identified by our credit and fraud avoidance association.


 Additionally, we may need further verifications or more information before accepting any order. We will contact you if any/all portion/portions of your order is/are canceled, or if further information is required to proceed with order acceptance. 


If your credit card has already been charged, and the order is canceled, then we will issue a credit to your credit card in the amount of the charge. 


ATLANOVA™ strictly follows all national and international guidelines regarding the purchase, sale, and shipment of any product, or compositional ingredient, that is considered limited or forbidden by any law within the United States, or abroad. 


Currency & Prices


The prices displayed on ATLANOVA.com are quoted in USD (U.S. dollars), and are binding and effective only within the United States. These quoted prices do not include shipping and handling charges, or sales taxes, if applicable, which will be tacked on to your total invoice price. You claim responsibility for the payment of any shipping and handling charges, and local and state sales/use taxes that may be applicable in rendering your order. International shipment rates fluctuate based on total package weight and final destination. All prices quoted do not include insurance costs, duties, tariffs, or value-added taxes. If evaluated, then these charges are the responsibility of the package recipient, who will be billed for them by the resident customs office. 


Pricing/Typographical Errors


We do our best to provide definitive and exact product and pricing information. However, pricing or typographical errors do occur. Should an item be listed at an inaccurate price, or with inaccurate information due to erroneous pricing or product information, then we shall have the license, at our sole discretion, to reject and/or cancel any orders placed for that item. If an item is inaccurately priced, then we will either contact you for instructions, or cancel your order and inform you of such cancellation. Prices and availability are subject to modification without notice. 


Quantity Limits and Items for Resale


ATLANOVA™ reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address given, should such limits be applied. We also reserve the right to prohibit sales to dealers. 


Liability Limitation


ATLANOVA, AND ITS AFFILIATES, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE HELD ACCOUNTABLE FOR ANY INJURIES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE ATLANOVA.COM INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION (I) AS AN INFORMATION PUBLISHER, (II) AS A PRODUCTS/SERVICES RESELLER, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INACCURATE INFORMATION, (V) FOR ANY UNSANCTIONED ACCESS TO, OR DISCLOSURE OF, YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR BEHAVIOR OF ANY THIRD-PARTY ON THE SITE, OR (VII) FOR ANY AND ALL OTHER MATTERS RELATING TO ATLANOVA.COM, OR ANY LINKED SITE. THIS IS AN ALL-INCLUSIVE LIABILITY LIMITATION THAT APPLIES TO ANY AND ALL INJURIES INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF GOOD WILL, LOSS OF USE, COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES, OR INFORMATION, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF GUARANTEE, BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE USER WARNS OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY LIMITATIONS MADE KNOWN HEREIN ARE VITAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ATLANOVA™ AND THE USER. THE INFORMATION, AND PRODUCTS AND SERVICES OFFERED ON AND THROUGH ATLANOVA.COM, WOULD NOT BE ADMINISTERED WITHOUT SUCH LIMITATIONS. SINCE SOME STATES HAVE LAWS THAT MAY NOT ALLOW FOR THE OMISSION OF CERTAIN DAMAGES, IN THOSE STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWABLE BY LAW. 


Notwithstanding the foregoing, sole, and whole maximum liability of ATLANOVA and its affiliates for any reason, and your exclusive remedy for any cause or claim whatsoever, shall be restricted to the amount that you paid for any information, product, or service that you purchased from ATLANOVA.com. 


You agree to reimburse, protect, and absolve ATLANOVA, and its affiliates, against all causes of action, demands, claims, expenses, losses, damages and costs including, but not limited to, any reasonable attorneys' fees, resulting due to, or relating to your use of or behavior on the site, any of your or another person’s activity related to your account, any material that you acquiesce to, post on, or convey through the site, your violation of these Terms and Conditions, your breach or violation of any rights of another, or cessation of your access to and use of ATLANOVA.com. 


Site Usage/Termination of Usage


You consent to use ATLANOVA.com only for lawful purposes, and that you are responsible for your use of, and communications on, the site. You agree not to post on, or transmit through ATLANOVA.com, any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or, otherwise, objectionable material of any kind including, but not limited to, any material that encourages criminal conduct, or conduct that would give rise to civil liability, infringes others' intellectual property rights or, otherwise, violates any applicable local, state, national or international law. You also consent not to use ATLANOVA.com in any manner that interferes with its normal operation, or with any other user's use and enjoyment of the site. Additionally, you will consent not to reproduce, modify, distribute, duplicate, commercially exploit, or create derivative works of any portion of the site or material thereon. 


You further consent that you will not access our website by any means except through the interface provided by ATLANOVA for access to the site. You give your consent that you will not access ATLANOVA.com from any territory where its subject matters are illegal, and that you, and not ATLANOVA™, and its affiliates, are responsible for compliance with applicable local laws. 


These terms are effective unless, and until terminated, by either you or ATLANOVA™. You may terminate this Agreement at any time, only when you discontinue any further use of ATLANOVA.com. ATLANOVA™ also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site if, in our sole discretion, you fail to comply with any condition of this Agreement, or your use is harmful to the interests of another user, or ATLANOVA™, and/or its affiliates. Upon any termination of the Agreement by either you or ATLANOVA, you must promptly destroy all materials downloaded or, otherwise, obtained from ATLANOVA.com, as well as all copies of such materials, whether made under the terms of use, or otherwise. 


You also provide consent that ATLANOVA™ may terminate, or suspend your access to all, or part of ATLANOVA.com, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use, or any applicable law or is harmful to the interests of another user, ATLANOVA™, and/or its affiliates. 


Applicable Law and Jurisdiction


This Agreement shall be overseen by, and interpreted in accordance with, the laws of the State of New York without regard to choice of law rules. Each user consents to yield to personal jurisdiction in the State of New York, and further consents that any cause of action arising from, or relating to the use of ATLANOVA.com, or this Agreement, shall be brought exclusively in State or Federal Courts for Staten Island, New York. 


Severability and Interpretation


Should any provision of this Agreement be deemed illegal, rendered void or, for any reason, unenforceable by a court of competent jurisdiction, the authority and enforceability of any remaining rules and regulations shall not be affected. Additionally, when used in this Agreement, the term "including" shall be presumed to be followed by the term "but not limited to." 


Entire Terms of Use Agreement


This Agreement constitutes the entire Agreement between ATLANOVA™, and each user of ATLANOVA.com, and supersedes any and all prior or contemporaneous Agreements, statements, guarantees and understandings, written or oral, with respect to the subject matter of this Agreement. You consent to review this Agreement prior to your access to, and use of, ATLANOVA.com, and your access to, and use of, ATLANOVA.com shall be presumed to be your acceptance of and agreement to this Agreement. 


Modifications to Terms of Use Agreement

ATLANOVA may, in its sole judgment, modify this Agreement periodically. Please make sure to peruse this Agreement area every so often for changes. Your access to, and use of, ATLANOVA.com after any amendment implies your consent to this Agreement, as has been modified. 


Miscellaneous

The failure of ATLANOVA, or its affiliates, to insist upon strict obedience to any term of this Agreement shall not establish a rejection of such a term, and shall not be considered a relinquishment or prohibition of that party's right thereafter to insist upon strict obedience to that term, or any other term of this Agreement. You consent that, regardless of any decree or statute to the contrary, any claim of cause of action deriving from, or relating to, use of ATLANOVA.com or this Agreement, must be filed within one calendar year after such claim, or cause of action, occurred, or will be forever forbidden. The "Disclaimer of No Warranty" and “Liability Limitation" sections of this Agreement contain provisions that are for the benefit of ATLANOVA™, and its affiliates, as specified herein, and each of these individuals or entities shall have the right to uphold, and enforce, these conditions directly against you, on its own behalf. 


With the prior agreement of ATLANOVA™, any claim, dispute, or controversy deriving from, or concerning ATLANOVA.com and/or this agreement, shall be determined by binding settlement with the Rules of the American Arbitration Association, and any such settlement brought and held in Staten Island, NY, USA. The decisions of the arbitrators shall be decisive upon all parties involved, and judgment upon any award of the arbitrator by any court having competent jurisdiction. This ruling shall be particularly enforced by a court of competent jurisdiction.