Privacy Policy and Conditions of Use

XelvaGEN knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy and conditions of use. By visiting XelvaGEN, you are accepting the practices described below. 
 

WHAT PERSONAL INFORMATION ABOUT CUSTOMERS DOES XELVAGEN GATHER?

The information we learn from customers helps us personalize and continually improve your shopping experience at XelvaGEN.com. Here are the types of information we gather.  Also, see Examples of Information Collected below.

• Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way.  You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses XelvaGEN.com or advertisements and other content served by or on behalf of XelvaGEN.com on other Web sites. 
• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from XelvaGEN.com if your computer supports such capabilities.

WHAT ABOUT COOKIES?

Users may join XelvaGen, Inc.® by completing one of our Distributor Forms, through Newsletter Subscription, or other means as we may determine at any time in the future.

• Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide certain features and storage of items in your Shopping Cart between visits.
• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. However, because cookies allow you to take advantage of some of XelvaGEN.com's essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any XelvaGEN.com products and services that require you to Sign in.

DOES XELVAGEN.COM SHARE THE INFORMATION IT RECEIVES?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries XelvaGEN.com, Inc. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

• Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the event that XelvaGEN.com, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
• Protection of XelvaGEN.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of XelvaGEN.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
• With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. 

HOW SECURE IS INFORMATION ABOUT ME?  

• We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
• We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

WHAT ABOUT THIRD-PARTY ADVERTISERS AND LINKS TO OTHER WEBSITES?

Our site may include third-party advertising and links to other Web sites. We do not provide any personally identifiable customer information to these advertisers or third-party Web sites.
 

These third-party Web sites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our Web site directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party Web sites are not covered by this Privacy Notice. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection. 

WHICH INFORMATION CAN I ACCESS?

XelvaGEN.com gives you access to a broad range of information about your account and your interactions with XelvaGEN.com for the limited purpose of viewing and, in certain cases, updating that information.

WHAT CHOICES DO I HAVE?

• As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such XelvaGEN.com features.
• If you do not want us to use personal information that we gather to allow third parties to personalize advertisements we display to you, please select the choice box as appropriate.
• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. However, because cookies allow you to take advantage of some of XelvaGEN.com's essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any XelvaGEN.com products and services that require you to Sign in.

ARE CHILDREN ALLOWED TO USE XELVAGEN.COM?

XelvaGEN.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use XelvaGEN.com only with the supervision of a parent or guardian. 

CONDITIONS OF USE, NOTICES, AND REVISIONS

If you choose to visit XelvaGEN.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of [Nevada]. If you have any concern about privacy at XelvaGEN.com, please contact us and voice your concerns with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. 

EXAMPLES OF INFORMATION COLLECTED

Information You Give Us
You provide most such information when you search, buy or communicate with customer service. For example, you provide information when you search for a product; place an order through XelvaGEN.com; communicate with us by phone, e-mail, or otherwise. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; people (with addresses and phone numbers); and e-mail addresses of other people; content of reviews and e-mails to us. 

Automatic Information
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the phone number you used to call our 800 number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. 

Information from Other Sources
Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services. 

Information You Can Access
Examples of information you can access easily at XelvaGEN.com include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications and personalized advertising preferences, address book); payment settings (including credit card information and gift certificate, gift card, and check balances); and e-mail notification settings.

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CONDITIONS OF USE
XelvaGEN.com. and/or its affiliates ("XelvaGEN") provide website features to you subject to the following conditions. If you visit or shop at XelvaGEN.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future XelvaGEN service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your visit to XelvaGEN.com, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit XelvaGEN.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XelvaGEN or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of XelvaGEN and protected by U.S. and international copyright laws. All software used on this site is the property of XelvaGEN or its software suppliers and protected by United States and international copyright laws. 

TRADEMARKS
XELVAGEN, PAINDROPS, CLARITY PLUS, OSTEODMS, PREVIVE and other XelvaGEN.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of XelvaGEN in the U.S. and/or other countries. XelvaGEN's trademarks and trade dress may not be used in connection with any product or service that is not XelvaGEN's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XelvaGEN. All other trademarks not owned by XelvaGEN that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XelvaGEN.

LICENSE AND SITE ACCESS
XelvaGEN grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of XelvaGEN. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of XelvaGEN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XelvaGEN without express written consent. You may not use any meta tags or any other "hidden text" utilizing XelvaGEN's name or trademarks without the express written consent of XelvaGEN. Any unauthorized use terminates the permission or license granted by XelvaGEN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of XelvaGEN.com so long as the link does not portray XelvaGEN, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any XelvaGEN logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT 
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. XelvaGEN does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use XelvaGEN.com only with involvement of a parent or guardian.  XelvaGEN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. XelvaGEN reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant XelvaGEN a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant XelvaGEN and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify XelvaGEN for all claims resulting from content you supply. XelvaGEN has the right but not the obligation to monitor and edit or remove any activity or content. XelvaGEN takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS 
All items purchased from XelvaGEN are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
XelvaGEN attempts to be as accurate as possible. However, XelvaGEN does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by XelvaGEN itself is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. With respect to items sold by XelvaGEN, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by XelvaGEN.

OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. XelvaGEN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY XELVAGEN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XELVAGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XELVAGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XELVAGEN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM XELVAGEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XELVAGEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting XelvaGEN.com, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and XelvaGEN.

DISPUTES
Any dispute relating in any way to your visit to XelvaGEN.com or to products or services sold or distributed by XelvaGEN or through XelvaGEN.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Clark County, Nevada, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to XelvaGEN.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
XelvaGEN, Inc.
5332 N. 7^th Avenue
Phoenix, AZ 85013
www.XelvaGEN.com

Last updated: January 1, 2011