This Agreement (“Agreement”) contains important information regarding your legal rights and duties to the website owner, its affiliates and subsidiaries (collectively, “we” or “us”) regarding your use of this website (the “Site”) and purchase of any products or services (collectively, “services”) purchased through this Site (all terms and conditions of this Agreement, collectively, the “Terms”). In this Agreement, the words “you” and “your” refer to each customer, Site visitor, or user.
Notice of Key Consumer Information
Arbitration; Class Action Waiver; Limitation of Remedies.
Please be aware that you agree to the arbitration agreement and class action waiver included in the Agreement to resolve any and all disputes with Company and its affiliates (except for matters that may be taken to small claims court). This Agreement also limits your remedies in the event of a dispute.
This Site contains general information related to diet, health and nutrition. The Food and Drug Administration (“FDA”) has not evaluated the statements on this Site, and we do not provide any statement or product on this Site for the purpose of diagnosing, treating, curing or preventing any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products.
The information provided on this Site is provided “as is” without any representation or warranties, express or implied, in relation to the health information on this Site. You must not rely on the information on this website as an alternative to medical advice from a professional health care provider. We are not providing any medical advice or claims regarding the efficacy of the products offered on this Site to treat or cure any medical disease or ailment, and none should be inferred from any ideas, suggestions, testimonials or other information set forth on this Site or in any materials associated with this Site.
Claims and Testimonial Disclaimer:
The statements on this Site related to the services are not intended to be efficacy or health claims. While we believe in the value of our services, the FDA has not evaluated the health benefits of the services and we do not make – and expressly disclaim – any representation that the statements contained on or linked from or to this Site are supported by competent and reliable scientific evidence. Additionally, consumer testimonials and endorsements on the Site relating to the experience of one or more consumers on any central or key attribute of our services are not representative – and are not intended to be representative – of what consumers will generally achieve in actual, albeit variable conditions of use.
Terms of Subscription
By placing your order of Live Well you will be charged the total listed at checkout today and your product will be shipped immediately. The product will be shipped today. If you selected a subscribe and save offer you will be enrolled in our subscription plan where you will be shipped a new product then every 30 days after. Your subscription will maintain the promotional price for a 30 day supply that you recieved at the time of purchase.
Consent to Agreement.
BY ACCESSING OR USING ANY PART OF THE SITE (INCLUDING BY PLACING AN ORDER THROUGH THIS SITE), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, OR IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.
Changes to Terms.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Terms relating to your use of this Site, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of this Site following the posting of changes will means that you accept and agree to the changes. As long as you comply with and agree to be bound by the Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Ownership of Content.
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to us (with the exception of third party content listed below and as qualified by the disclaimers herein), and is protected by trade dress, copyright, patent and trademark law, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this Agreement, no part of this Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You may not deep link to portions of the Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Site and Content.
Accuracy of Information.
We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to (without limitation): (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, Content, promotions, product descriptions or specifications, or other information on the Site.
The beginning of this Agreement contains important health and claims disclosures, which are incorporated herein. Those disclaimers apply to all Content on the Site and any marketing related to the services offered on the Site. Our services are not intended to diagnose, treat, cure or prevent any disease. The information presented on this Site it not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any service. The Federal Food, Drug and Cosmetic Act requires this Notice.
Similarly, while we may provide customer testimonials or endorsements, we cannot represent under existing law that the experiences conveyed by those customers are typical of what you will generally achieve or should expect to generally achieve in actual, albeit variable, conditions of use.
Third Party Content and Links to Third Party Sites.
The Site may contain information and claims sourced from third parties that we provide for informational purposes only subject to the express health and claims disclaimers listed at the beginning of this Agreement. Furthermore, this Site may contain links to websites controlled by parties other than us (each a “Third Party Site”). Be advised, we may work with third parties with Web sites linked to this Site, including (but not limited to) advertising networks, publishers and marketers. We may provide links to citations or resources with which we are not affiliated, and in each such case you shall not presume any such affiliation.
We are not responsible for and do not endorse or accept any responsibility for the availability, contents (including the accuracy or reliability of contents), products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. We make no guarantee about the content or quality of the claims made or products or services offered by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party.
Be advised, we provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of any Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any intellectual property that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort that you may incur from dealing with a third party, including (without limitation) any third party marketer, publisher or network that receives consideration for driving traffic to or promoting the Site.
Notice of Third Party Misconduct.
We want to ensure that you have an excellent user and customer experience. We take third party/affiliate misconduct seriously. If you become aware of any conduct that violates this Agreement or any misconduct by any third party claiming an affiliation with this Site or our services, we encourage you to document the misconduct and contact our Customer Service immediately. We reserve the right, but will not have the obligation, to respond to such communications in our discretion. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding links or the current content on any Third Party Site.
Your Use of Site
You may not use any “deep-link”, “page-scrape”, “robot”, “Spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the Site. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any of our servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working order of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. Without limiting the foregoing, for example purposes only, you may not interfere with or damage the Site or our services through (without limitation) the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you sent to us or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity that infringes on our rights or the rights of any other person.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site will become our exclusive property. Such disclosure, submission or offer of any comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. You should not submit any comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to pay to you or any third party any compensation for any comments; or (iii) to respond to any comments. You are and shall remain solely responsible for the content of any comments you make.
We do not have the ability to control the nature of the user-generated content offered through the Site, if any. You are solely responsible for your interactions with other users of the Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and take any other action to restrict access to or the availability of any material that we or another user of the Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).
Certain features or services offered on or through this Site may require you to open an account. You are responsible for maintaining the security and confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information confidential and secure. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not assign or otherwise transfer your account to any other person or entity. We reserve the right to refuse or cancel service and terminate accounts.
PRODUCT AND BILLING
2.1 All product purchases made from this website are required to be paid in full. For more information about our products, please visit www.bylivewell.com
Other Terms and Conditions.
Additional terms and conditions may apply to purchases of services and to specific portions of features of this Site, including without limitation promotions and similar features, all of which terms are made part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Our obligations, if any, with regard to our services are governed solely by the agreements, terms and conditions pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements, terms and conditions. We may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to the services may be out of date, and we make no commitment to update the materials on this Site with respect to such services.
RETURNS, CANCELLATION AND REFUND POLICY
1. REFUND POLICY. You must call Customer Service at US TOLL FREE 1-877-629-5343 before any arrangements will be made to issue a refund. Shipping and handling fees are non-refundable. You may return your product in its unopened package within 30 days for a full refund. Your account will be credited within 14 days of receiving your product. If you do not see a refund within that time, please contact customer service.
2. You may also cancel by email customer service at firstname.lastname@example.org
3. RMA (Return Merchandise Authorization) numbers are required for all returns and are available upon request by calling customer service. RMA numbers will be issued within 2 business days. Products must be returned in their original, unopened package within 30 days of shipment. In your return package you must include your Refund Transaction ID, RMA number and Order ID received after calling customer service in your refund email.
4. Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refund requests will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
5. Your account will be credited 14 days after the return your product. The same card used to purchase the product will be credited. If you do not see a credit within this time period, please call customer service.
6. Return Address:
12924 Pierce St
Pacoima CA 91331
If you purchase any services on or through the Site, you will be responsible for paying any applicable sales tax indicated on the Site.
Livewell products are not available for a free trial.
PAYMENTS ARE NONREFUNDABLE ND THERE ARE NO PARTIAL-MONTH REFUNDS OR CREDITS. Following any cancellation, however, you will receive the service to which you are entitled though the end of your current billing period.
If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not contact us and timely edit your payment method or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates and/or other charges from your issuer.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Other Terms and Conditions
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR ANY SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT AND OUR SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR RECEIVE FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPNSIBILITY FOR YOUR USE OF THE SITE, ANY LINKED SITE, OR SERVICE. YOUR SOLE REMEDY AGAINT US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
FURTHERMORE, ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability.
Except as prohibited by law, we will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is any way connected with your use of the Site, any Content, or any services, our aggregate liability to you shall not exceed the greater of $100 or the amount you paid to us related to the purchase of services from the Site.
You agree to indemnify and hold us, as well as our officers, directors, owners, predecessors, successors in interest, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against us by any third party due to or arising out of or in connection with your use of the Site, use of the service, or your failure to perform any duty under the law.
Dispute Resolution and Class Action Waiver.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT EITHER MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT, YOUR USE OF THE SITE, THE MARKETING OR YOUR PURCHASE OF THE SERVICES (“Dispute Resolution Scope”) MUST BE ASSERTED INDIVIDUALLY.
The parties agree to resolve any and all disputes falling within the Dispute Resolution Scope through binding arbitration or in small claims court rather than in a court of general jurisdiction. The parties hereby waive any right either may have to resolve any dispute within the Dispute Resolution Scope in a court of general jurisdiction.. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
This agreement to arbitrate shall be specifically enforceable. Either party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
You acknowledge and understand that if the Site is or we are unable to provide the services as a result of a force majeure event, we will not be in breach of any of obligations towards You under these Terms. A force majeure event means any event beyond our control. WE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Domestic Use; Export Restrictions.
We control the Site from our offices within the United States of America. We make no representation that the Site or its Content or services are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No Content from the Site may be downloaded in violation of United States law.
This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Delaware without regard for conflict of law principles. This Agreement and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.