What are your Terms of Use?

Thank you for visiting the SHEVA.COMTM website (the “Site”). SHEVA.COM is a retail store and information website for health, beauty, wellness and personal care products. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase products essential to healthy living. SHEVA.COM and its subsidiaries, affiliates, and fulfillment partners (“we,” “us,” “our”) want each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following terms and conditions so that both parties (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

 

PRIVACY

Please review our Privacy Policy , which also governs your visit to the Site, to understand our practices.

 

ELIGIBILITY

This Site, including its tools, applications and services, are intended solely for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using our Site, including its tools, applications and services, you warrant and represent that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

ELECTRONIC COMMUNICATIONS

When you visit the Site 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 we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

TRADEMARKS

Our trademarks include SHEVATM, Sheva.comTM, She-va.comTM and MoshosTM.

All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

 

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy by clicking here.

You will receive a password and account designation when you have completed your Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree not to use the account profile, username or password of another Site user at any time. You must not transmit throught the Site any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Site or third parties during any visit to the Site shall be subject to the terms of SHEVA’s Privacy Policy.

 

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes and in compliance with all applicable laws and regulations. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Harassment in any manner or form on the Site, including via e-mail, chat, forum, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SHEVA or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

You agree that your use of robots, spiders, crawlers, wanderers, Web agents and other such automated processes on the Site will be Standard for Robot Exclusion (SRE) -compliant robots (“robots”) and when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.sheva.com/robots.txt (“the robot.txt file”). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site, without prior notice.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

 

SWEEPSTAKES AND CONTESTS

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.

 

SITE CONTENT

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, or create or attempt to create a substitute or similar Site or service through the use of or access to the Site, its Content or any proprietary information related thereto. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

 

COLOR/PRODUCT DESCRIPTION

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

 

WARRANTY DISCLAIMER

This Site and the materials and products on this Site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, SHEVA disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SHEVA does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. SHEVA does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

SHEVA is a distributor only. Products distributed by SHEVA are not manufactured by SHEVA. The products may, however, be covered by their respective manufacturers’ warranty, service and/or support policies, where applicable. Where permitted, SHEVA assigns and passes through to its customers any manufacturer warranties and you acknowledge that you shall have recourse only under such warranties and only against the respective manufacturers of the products.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS OF USE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

 

TYPOGRAPHICAL ERRORS

In the event that a SHEVA product is mistakenly listed at an incorrect price, SHEVA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SHEVA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SHEVA shall issue a credit to your credit card account in the amount of the incorrect price.

 

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

 

OUR RIGHTS

We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our Site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order. 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. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

 

LINKS TO THIRD PARTY SITES

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. It should be noted that the Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse the website or its use or contents.

 

LINKS TO SHEVA.COM & FRAMING

Illegal and/or unauthorized uses of the Site, including unauthorized framing of, or linking to, the Site will be investigated and appropriate legal action may be taken. You may be allowed to establish a hyperlink to certain pages within the Site, provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the Site; (iii) the link does not state or imply any sponsorship or endorsement of your website; and (iv) you immediately stop providing any links to the Site upon written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our websites.

 

CANCELLATION

You may cancel your SHEVA.com account at any time. There are no cancellation fees. In the event that you cancel your account after an order has already been processed you will be charged for that order. Otherwise, your account shall cease immediately after filing your cancellation request, and you shall not incur any further charges. To cancel your account, please contact us at help@sheva.com. If you are a monthly subscriber with SHEVA.com and we terminate your account because you have breached these Terms of Use, you will not be entitled to any refund of unused fees. Even after your account is terminated, certain sections of these Terms of Use will remain in effect.

 

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, questions, replies, suggestions, or other material (“Submissions”) as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. SHEVA reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.

By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.

 

APPLICABLE LAW AND DISPUTE RESOLUTION

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Florida, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida.laws of the State of Florida without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Miami, Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

If either SHEVA or you want to arbitrate a dispute, SHEVA and you each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address that you provided us and notice to us will be sent to: 3401 N. Miami Avenue Unit 205, Miami, Florida 33127. SHEVA and you each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate. Thereafter, either SHEVA or you may submit the dispute to formal arbitration.

Both you and SHEVA each agree not to pursue arbitration on a consolidated or classwide basis. Both you and SHEVA each agree that any arbitration will be solely between you and SHEVA (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

 

TERMINATION

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. If you are using a paid version of the Service and we terminate your account in the Service because you have breached this Agreement, you will not be entitled to any refund of unused fees. Any provisions of these Terms of Use which expressly or by their nature are to continue after termination, cancellation or expiration of the Terms of Use shall survive and remain in effect.

 

NOTICE

SHEVA may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to SHEVA.

 

SALES TAX

Taxable items that are shipped to customers in Illinois and any other location where we have a taxable business presence are subject to tax at the appropriate state and local rate. At the time you place your order, you will be notified if your order is subject to tax.

 

CUSTOMS FEES AND VAT (VALUE ADDED TAX)

If there are customs fees and VAT, they must be paid by you when the package reaches your destination country. SHEVA is not responsible for any sales taxes, VAT, customs duties or other taxes charged by your customs department. These charges are your responsibility and will vary from country to country.

We cannot determine these fees in advance. We recommend that you check with your local customs office or post office for details on how these charges are assessed and applied. You may also be able to find information about your country’s VAT and Customs fees by searching websites on the Internet such as the United States Council for International Business. Please note that if your order has reached your country of destination and it is returned to us as Unclaimed or Refused due to VAT or customs fees imposed by your country, it can often take up to 6 months for us to receive, and we must receive the order back before we can issue you a refund.

 

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and the services provided by or through the Site, and the subject matter of these Terms of Use. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. SHEVA.com may assign any or all of its rights and duties under this Agreement to a third party at any time without notice to you. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of these Terms of Use, without liability to us.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

 

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright 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 Site 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.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

By mail:

Legal Dept.
Moshos Inc. / SHEVA
3401 N. Miami Avenue Unit 205
Miami, FL 33127

By phone: (786) 266-0520

By email:help@sheva.com

 

COPYRIGHT NOTICE

Copyright © 2014 Moshos Inc., 3401 N. Miami Avenue Unit 205

All rights reserved. Any rights not expressly granted herein are reserved.

This was last updated on October 26, 2015