Terms and Conditions

Terms of Use Revised 5/19/21

Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Astirvie or its affiliates (individually and collectively, the "Site").

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY (“TERMS”) BEFORE ACCESSING OR USING [www. Astirvie]. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES THESE TERMS FORM AN ESSENTIAL BASIS OF USE OF THIS WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This Website is owned by Astirvie, LLC ("The Company,” "Ourselves," "We," "Our" and "Us"). These terms and conditions (“Terms” and “Conditions”) outline the rules and regulations for the use of Astirvie, LLC 's Website, located at www. Astirvie, LLC “Website”).

Acceptance of Terms

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Astirvie, LLC. ("Astirvie") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

THESE TERMS FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND THE COMPANY AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES PROVIDED BY THE COMPANY, AND YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED BY THE COMPANY.

1. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “User,” "You" and "Your" refers to you, the person who logs on this Website. "Party," "Parties," or "Us," refers to both the User and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Georgia, USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Astirvie may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Astirvie.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual Property; Limited License to Users

1. Subject to your compliance with these Terms of Use, any applicable license agreement with Astirvie, and the law, you may access and use the Site. Astirvie remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Astirvie may revoke, modify, replace, or discontinue any rights granted or the Site or any part thereof at any time, for any reason, with or without notice, in Astirvies’s sole discretion. Astirvie provides the Site on an "as is" and "as available" basis.

2. All content on this Site, including but not limited to Images and related data (collectively the "Astirvie Content"), as well as the selection and arrangement of the Astirvie Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Astirvie Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Astirvie, Astirvie does not grant any express or implied permission to use the Site or any Astirvie Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Astirvie Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Astirvie Content.

3. Unless you enter into a license agreement with Astirvie you may not download, distribute, display and/or copy any Astirvie Content.

4. You may not remove any watermarks or copyright notices contained in the Astirvie Content.

Astirvie Trademarks

1. For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Astirvie.

2. Nothing contained herein grants or shall be construed to grant you any rights to use any Astirvie Trademark, unless expressly conferred by these Terms of Use.

3. You agree that you will not use Astirvie's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Astirvie.

4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Astirvie Trademarks or the Trademark rights claimed by Astirvie.

5. You agree that you will not use any Astirvie Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

6. You may not at any time, adopt or use, without Astirvie's prior written consent any word or mark which is similar to or likely to be confused with Astirvie's Trademarks.

7. The look and feel of the Astirvie website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Astirvie and may not be copied, imitated or used, in whole or in part, without the prior written consent of Astirvie.

8. All other trademarks, product names, and company names or logos used or appearing on the Astirvie website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Astirvie, unless expressly so stated.

9. You may not use a Astirvie trademark, logo, Image or other proprietary graphic of Astirvie to link to the Astirvie website without the prior written consent of Astirvie.

10. You may not frame or hotlink to the Astirvie website or any Image without the prior written consent of Astirvie.

Information You Provide

1. Astirvie (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Astirvie subject to your agreement with the applicable third-party platform. Astirvie’s collection and use of all such information shall at all times conform to this Terms of Use, the Astirvie Privacy Policy, and applicable law.

2. Astirvie will use and protect your personal information, such as your name and address, in accordance with the Astirvie Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

Your Content

1. You may not upload, post, or transmit any video, image, text, audio recording, or other content without permission by Astirie and  that:

o Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;

o Contains any pornographic, defamatory, or otherwise unlawful or immoral content.

o Exploits minors;

o Depicts unlawful or violent acts;

o Depicts animal cruelty or violence towards animals;

o Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or

o Violates any law, statute, or regulation.

2. You may not use any Astirvie Content for any purpose without first obtaining a license to use such Astirvie Content. Any use of Astirvie Content by you shall be governed by the applicable license agreement separately entered nto between you and Astirvie. Displaying and/or distributing to the public any watermarked or unlicensed Astirvie Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

Limitations

1. You agree that you shall not:

o Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Astirvie or any third party.

o Violate any applicable laws or regulations related to the access to or use of the Site or engage in any activity prohibited by these Terms of Use.

o Violate the rights of Astirvie or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Restriction and Termination of Use

1. Astirvie may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Astirvie Content at any time in Astirvie's discretion, without prior notice or liability to you. Any conduct by you that, in Astirvie’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

Links to Third Party Sites

1. In the event that the Site is available through any third-party platform, or if Astirvie provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Astirvie makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Astirvie, and Astirvie provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Astirvie.

Warranties and Disclaimers

1. Your use of the Site is at your own risk. The Site is provided by Astirvie under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Astirvie expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise

under any law. Without limiting the foregoing, Astirvie makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted.

(iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Astirvie makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Astirvie will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

International Users

The Service is controlled, operated and administered by Astirvie from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through astirvie.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

1. You agree to defend, indemnify and hold harmless Astirvie, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Astirvie Content, or your violation of any rights of another.

Miscellaneous

1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state Georgia and county of Clayton. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Astirvie shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Astirvie, such action is necessary or desirable.

Refunds

All sales final.  No refunds.

Governing Law

This Agreement will be construed in accordance with the laws of the State of Georgia. Copyright Protection

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, trade dress, trade secret, or other proprietary or confidential information owned by Company. Commercial use of such information is strictly prohibited, except as provided otherwise in these Terms. 

Subject to your continued strict compliance with all Terms, Company provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. 

You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

In the event of any conflict between these Terms of Use and any license agreement you enter with Astirvie, the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.