Agreement To Our Legal Terms

We are Living Fit Well, livingfitwell.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

 

You can contact us by email at info@livingfitwell.com.

 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Living Fit Well, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@livingfitwell.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

 

We recommend that you print a copy of these Legal Terms for your records.

Acknowledgment

These Are The Terms And Conditions Governing The Use Of This Service And The Agreement That Operates Between You And The Company. These Terms And Conditions Set Out The Rights And Obligations Of All Users Regarding The Use Of The Service.

 

Your Access To And Use Of The Service Is Conditioned On Your Acceptance Of And Compliance With These Terms And Conditions. These Terms And Conditions Apply To All Visitors, Users And Others Who Access Or Use The Service.

 

By Accessing Or Using The Service You Agree To Be Bound By These Terms And Conditions. If You Disagree With Any Part Of These Terms And Conditions Then You May Not Access The Service.

 

You Represent That You Are Over The Age Of 18. The Company Does Not Permit Those Under 18 To Use The Service.

Your Access To And Use Of The Service Is Also Conditioned On Your Acceptance Of And Compliance With The Privacy Policy Of The Company.

 

Our Privacy Policy Describes Our Policies And Procedures On The Collection, Use And Disclosure Of Your Personal Information When You Use The Application Or The Website And Tells You About Your Privacy Rights And How The Law Protects You. Please Read Our Privacy Policy Carefully Before Using Our Service.

Links To Other Websites

Our Service May Contain Links To Third-Party Web Sites Or Services That Are Not Owned Or Controlled By The Company.

 

The Company Has No Control Over, And Assumes No Responsibility For, The Content, Privacy Policies, Or Practices Of Any Third Party Web Sites Or Services. You Further Acknowledge And Agree That The Company Shall Not Be Responsible Or Liable, Directly Or Indirectly, For Any Damage Or Loss Caused Or Alleged To Be Caused By Or In Connection With The Use Of Or Reliance On Any Such Content, Goods Or Services Available On Or Through Any Such Web Sites Or Services.

 

We Strongly Advise You To Read The Terms And Conditions And Privacy Policies Of Any Third-Party Web Sites Or Services That You Visit.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

 

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES“ section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services, and download or print a copy of any portion of the Content to which you have properly gained access.


solely for your personal, non-commercial use or internal business purpose.

 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@livingfitwell.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Products

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. Purchases And Payment

We accept the following forms of payment:

–  Visa

–  Mastercard

–  American Express

–  Discover

–  PayPal

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

 

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.

8. User Generated Contributions

The Services does not offer users to submit or post content.

9. Third-Party Websites AND Content

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

11. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy:http://www.livingfitwell.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

13. For European Union (EU) Users

If You Are A European Union Consumer, You Will Benefit From Any Mandatory Provisions Of The Law Of The Country In Which You Are Resident.

14. Disclamer

The Services Are Provided On An As-is And As-available Basis. You Agree That Your Use Of The Services Will Be At Your Sole Risk. To The Fullest Extent Permitted By Law, We Disclaim All Warranties, Express Or Implied, In Connection With The Services And Your Use Thereof, Including, Without Limitation, The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-infringement. We Make No Warranties Or Representations About The Accuracy Or Completeness Of The Services’ Content Or The Content Of Any Websites Or Mobile Applications Linked To The Services And We Will Assume No Liability Or Responsibility For Any (1) Errors, Mistakes, Or Inaccuracies Of Content And Materials, (2) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of The Services, (3) Any Unauthorized Access To Or Use Of Our Secure Servers And/or Any And All Personal Information And/or Financial Information Stored Therein, (4) Any Interruption Or Cessation Of Transmission To Or From The Services, (5) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through The Services By Any Third Party, And/or (6) Any Errors Or Omissions In Any Content And Materials Or For Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Content Posted, Transmitted, Or Otherwise Made Available Via The Services. We Do Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Product Or Service Advertised Or Offered By A Third Party Through The Services, Any Hyperlinked Website, Or Any Website Or Mobile Application Featured In Any Banner Or Other Advertising, And We Will Not Be A Party To Or In Any Way Be Responsible For Monitoring Any Transaction Between You And Any Third-party Providers Of Products Or Services. As With The Purchase Of A Product Or Service Through Any Medium Or In Any Environment, You Should Use Your Best Judgment And Exercise Caution Where Appropriate.

15. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. Waiver

Except As Provided Herein, The Failure To Exercise A Right Or To Require Performance Of An Obligation Under These Terms Shall Not Affect A Party’s Ability To Exercise Such Right Or Require Such Performance At Any Time Thereafter Nor Shall The Waiver Of A Breach Constitute A Waiver Of Any Subsequent Breach.

17. Translation Interpretation

These Terms And Conditions May Have Been Translated If We Have Made Them Available To You On Our Service. You Agree That The Original English Text Shall Prevail In The Case Of A Dispute.

18. Changes To These Terms And Conditions

We Reserve The Right, At Our Sole Discretion, To Modify Or Replace These Terms At Any Time. If A Revision Is Material We Will Make Reasonable Efforts To Provide At Least 30 Days’ Notice Prior To Any New Terms Taking Effect. What Constitutes A Material Change Will Be Determined At Our Sole Discretion.

 

By Continuing To Access Or Use Our Service After Those Revisions Become Effective, You Agree To Be Bound By The Revised Terms. If You Do Not Agree To The New Terms, In Whole Or In Part, Please Stop Using The Website And The Service.

19. Electronic Communications, Transactions, And Signatures

Visiting The Services, Sending Us Emails, And Completing Online Forms Constitute Electronic Communications. You Consent To Receive Electronic Communications, And You Agree That All Agreements, Notices, Disclosures, And Other Communications We Provide To You Electronically, Via Email, And On The Services, Satisfy Any Legal Requirement That Such Communication Be In Writing.

 

You Hereby Agree To The Use Of Electronic Signatures, Contracts, Orders, And Other Records, And To the Electronic Delivery Of Notices, Policies, And Records Of Transactions Initiated Or Completed By Us Or Via The Services. You Hereby Waive Any Rights Or Requirements Under Any Statutes, Regulations, Rules, Ordinances, Or Other Laws In Any Jurisdiction that require An Original Signature Or Delivery Or Retention Of Non-electronic Records, Or To Payments Or The Granting Of Credits By Any Means Other Than Electronic Means.

20. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us By Email at: Info@Livingfitwell.Com

Leave a Reply

Your email address will not be published. Required fields are marked *

Scroll to Top