Tiber River USA Incorporated Terms and Conditions
Revision Date: June 1, 2021
This Agreement sets forth the legal terms and conditions for your use of the website www.tiberriver.com or any other website supervised by Tiber River USA Incorporated in the United States (the "Websites") and for your purchase and/or use of any Tiber River USA Incorporated goods or services in the United States. The Websites are owned and created by Tiber River USA Incorporated (hereinafter "Tiber River” "We" or "Us").
Agreement. BY USING ANY WEBSITES OR PURCHASING OR USING ANY PRODUCTS OR SERVICES FROM TIBER RIVER, YOU AGREE TO THE TERMS AND CONDITION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ELECTRONIC DISCLOSURE AGREEMENT IN SECTION 10 BELOW AND THE ARBITRATION AGREEMENT IN SECTION 20 BELOW. SOME OF OUR PRODUCTS AND SERVICES HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES ("ADDITIONAL TERMS"). WHERE ADDITIONAL TERMS APPLY TO A PRODUCT OR SERVICE, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH YOUR USE OF THAT PRODUCT OR SERVICE. BY USING THAT PRODUCT OR SERVICE, YOU AGREE TO THE ADDITIONAL TERMS. WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE PRODUCTS AND SERVICES PROVIDED ON THE WEBSITES AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S). THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT. BY CONTINUING TO USE ANY WEBSITES OR PURCHASE OR USE ANY PRODUCTS OR SERVICES FROM TIBER RIVER AFTER THE REVISION DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
Eligibility. To use or access some of the Websites or to purchase or use the products or services offered at the Websites you may be required to provide Tiber River with complete and current registration information. Persons under 13 are prohibited from registering with us and from providing personal information on our Websites. If you are under 18, you may only register or use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Websites are presented solely for the purpose of promoting products available in the United States. Tiber River makes no representation that materials contained in the Websites are appropriate or available for use in other locations. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Tiber River products ordered from the Websites cannot be shipped into another country outside of the United States. Purchase and/or use of any Tiber River products or services outside of the United States are governed by the Terms and Conditions of use and other policies contained on the websites specific to each country where they are available.
Acceptable Use of the Websites. You are responsible for your use of the Websites, and for any use of the Websites made using your At Tiber River, our purpose of creating happiness extends to our websites. We want to create a positive, rewarding, and safe experience in connection with our Websites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Tiber River. When you use the Websites, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 15 below);
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Websites;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; - stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Websites (although Tiber River may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Tiber River reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Websites;
- attempt to circumvent any technological measure implemented by Tiber River or any of Tiber River’s providers or any other third party (including another user) to protect the Websites;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
- advocate, encourage, or assist any third party in doing any of the
Tiber River Independent Ambassadors (Ambassadors). Tiber River products and services are sold through Tiber River's network of Ambassadors, who are each independent distributors of Tiber River's products and services. Online shopping is fulfilled and sold directly by Tiber River in connection with a Tiber River Ambassador. To purchase Tiber River's products or services, you do not have to become an Ambassador. However, you must be at least 18 years of age to become a Tiber River
Ambassador Websites. Tiber River Ambassador’s may have their own Internet websites. It is the sole responsibility of each Tiber River Internet Ambassador to ensure that its website content is accurate and that it fully complies with all Tiber River Additional Terms, including without limitation, all applicable federal and state laws, rules, and regulations. Tiber River DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO TIBER RIVER AMBASSADOR
Testimonials. Any testimonials presented at any of the Websites reflect only the actual experience of each individual providing a testimonial, are anecdotal only, and may be atypical.
Online Purchases. When you register your account online with Tiber River, you will have the option of creating an account with your email or using our guest check out feature. If you create an account with us, you are entirely responsible for any activity under your account and must promptly notify us of any compromise to your account.
Customer Product Guarantee Policy. Online Customer purchases may be returned directly to Tiber River for replacement, exchange, or full refund within forty-five (45) days from the Customer purchase date (not including shipping charges). Please complete the return form by clicking here. Please allow four (4) to six (6) weeks for processing. Promotional products and gift items may not be available for replacement, and may, at Tiber River's discretion be exchanged for an item of equal value. No product will be returned that has more than 30% missing from its container.
Ownership & Copyright Restrictions. The Websites are owned and operated by Tiber River The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole ("Content"), are copyrighted under copyright and other laws by Tiber River or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or You may not delete any author attributions, legal or proprietary notices in the Websites or elsewhere.
Except as noted in Section 11 below: (1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites or any Content or components that are available on the Websites; and (3) you may not make commercial use of these pages and/or any other webpage or service provided by Tiber River, including redistribution or copying by means; EXCEPT with the prior, express written permission of Tiber River
You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites.
You hereby consent and agree to receive all Disclosures from Tiber River electronically by email or by viewing the Disclosures on the Internet. You may withdraw your consent to electronic Disclosures in the future at any time without charge. To withdraw your consent, please contact customer service. We will send you a confirming notice once we have processed your change request.
To access Disclosures electronically and print copies of these Disclosures for your records, you must have Internet access, as well as access to a printer. You confirm that you have access to a computer that is capable of accessing the Internet operating an Internet browser that enables you to access the Website. You also confirm that you have access to a printer or the ability to make hard copies of your information and records. Please print a copy of all Disclosures for your records.
You agree to promptly notify us of any changes in your email address or your home address by updating your profile online or by contacting customer service. If you have questions about receiving Disclosures, or need technical or other assistance concerning these Disclosures, you may contact customer service.
If you would like a paper copy of the documents sent to you by mail, please send your request in writing to Tiber River 326 Saulteaux Crescent, Winnipeg Manitoba R3J 3T2.
Copyright Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. In addition, Tiber River Ambassador are hereby granted permission to download product and botanical images from the Website. People or model images cannot be downloaded or copied due to copyright laws. Copy downloaded or taken from Tiber River literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition. In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by Tiber River retains complete title to the information and all property rights therein. All other rights reserved.
Claim of Copyright Infringement. We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic 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 upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your physical 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 by the law; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Tiber River may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
Tiber River 326 Saulteaux Crescent Winnipeg, MB R3J 3T2
firstname.lastname@example.org All Content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Tiber River or its affiliates. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
Idea Submissions. If you submit any ideas, suggestions or testimonials to Tiber River, We have the right to use your submission without charge in any manner that We deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit Tiber River to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights. We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any submission from the Website that violates these Terms and Conditions and (b) identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and Conditions and/or protect the safety or security of any person or property, including the Website. Moreover, we retain all rights to remove submissions at any time for any reason or no reason whatsoever.
- Tiber River is committed to the safety of our children. Persons under the age of 18 may not enroll as Tiber River Ambassadors or register as customers. Children under the age of 13 may not purchase products through any of the Websites. Tiber River does not solicit or knowingly collect personally identifiable information from children under the age of 13.
Anti-Spam Tiber River strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Tiber River also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Tiber River, and/or its products and services. Tiber River prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING TIBER RIVER NATURAL INC.'S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY AT CUSTOMERSERVICE@TIBERRIVER.COM SO THAT WE MAY TAKE APPROPRIATE ACTION.
- TIBER RIVER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO TIBER RIVER'S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, OR THE TIBER RIVER OPPORTUNITY (COLLECTIVELY HEREAFTER, "SERVICE").
THIS SERVICE IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING AMBASSADOR WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY AMBASSADOR WEBSITE.
THE FINAL SUCCESS OR FAILURE OF ANY TIBER RIVER AMBASSADOR DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS.
LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT TIBER RIVER, ITS AFFILIATES, AGENTS, AMBASSADOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF TIBER RIVER PRODUCTS, SERVICES OR INFORMATION, YOUR PARTICIPATION AS AN TIBER RIVER AMBASSADOR, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TIBER RIVER, ITS AFFILIATES, AGENTS, AMBASSADOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING TIBER RIVER PRODUCTS, THE TIBER RIVER OPPORTUNITY, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Wisconsin without regard to any conflict of laws
- No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
- If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
- If at any time you have agreed or agree to the Tiber River Ambassador Application & Agreement, to the extent of any conflict between the terms of the Tiber River Ambassador Application & Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the Tiber River Ambassador Application & Agreement shall apply and control.
California Privacy Rights. Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Tiber River has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2021 will receive information about 2020 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please contact us at the address set forth below.
You must include this Website as the subject line, and your full name, e-mail address, and postal address in your message.
Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Tiber River Independent Ambassador if you would like to obtain information about any disclosure that they have made of your personal information.
Notices. You may contact us by writing or calling us at the address and/or telephone number listed below:
Tiber River USA Inc.
c/o Corporation Trust Company
Wilmington, DE 19601
Or you may contact customer service by email through email@example.com
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS AND PLEASE CHECK THE WEBSITES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.