Terms & Conditions

Thank you for visiting a website, provided by Livingfitwell! We are pleased to provide you with our content and services and appreciate your patronage. Before you engage with our website, or services, we encourage you to read these Terms of Service, so you know what to expect when visiting and engaging with our various properties.

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND LIVING FIT WELL. OR THE APPLICABLE AFFILIATE OF LIVING FIT WELL. DOING BUSINESS AS “LIVING FIT WELL” (“COMPANY,” “WE,” OR “US”).

By accessing or using any website with an authorized link to this Agreement (each a “Website”), accessing or using any application with an authorized link to this Agreement, registering an account, or accessing or using any content, information, services, features or resources available or enabled via the Properties (collectively with the Properties, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement you may not access or use the Services.

Your use of the Services is also subject to any additional terms, terms of use, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”) that differ from ours. By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.

Subject to Section 5.9 of this Agreement, the Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.

1. Registration; Other Services

1.1 Registration Data. When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to a magazine or other subscription (“Account”), you agree to provide accurate, current and complete information (the “Registration Data”) and to promptly update your Registration Data in the event of a change of such Registration Data, including, but not limited to, name change, credit, debit card or payment account information, e-mail address or postal address, as necessary. You agree that you may not register for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by the Company. You further agree that you will not maintain more than one Account for the same Company service at any given time. You will be responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account.

1.2 Subscriptions. If you subscribe to a Company publication or other Service for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into this Agreement.

1.3 Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third party web sites for which Company may receive compensation from the operator of the third-party web site by virtue of your clicking to or making a purchase on that site. As described more fully in Section 3.4 below, by clicking on these links you understand and agree that you are leaving a Company Property and visiting a website that is not controlled by us.

1.4 Lead Generation. Certain portions of the Services may provide you the opportunity to be contacted by third party suppliers and others in order to obtain particular services. By providing your contact information in connection with these Services, you understand and expressly consent to be contacted by these third parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products, work estimates or the provision of services by these third parties.

1.5 Sweepstakes and Contests. All sweepstakes, contests, and other promotions conducted on or through the Services will be governed by the official rules applicable to that promotion, which, unless otherwise noted, will be incorporated by reference into this Agreement.

1.6 Removal of Accounts. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by the Company.

1.7 Company’s Privacy Policy. Our information collection and use policies with respect to the privacy of the Registration Data and any other data provided by you or collected by Company are set forth in Company’s Privacy Policy which is incorporated herein by reference into this Agreement.

2. User Content

2.1 Responsibility for User-Generated Content. You acknowledge and agree that all content generated by users and posted, displayed, or performed through the Services is solely the responsibility of the individual from whom such content originates. This implies that each User bears full responsibility for any content they make available through the Services or provide to the Company, whether solicited or unsolicited, both online and offline (“User Content”). User Content encompasses any ideas, suggestions, documents, or proposals you submit to the Company. The Company is not obligated to pre-screen any User Content. You accept the risk associated with using all User Content and interacting with other Users. Furthermore, the Company retains the right, at its sole discretion, to pre-screen, review, refuse, or remove any content, although it is not required to do so. The Company may eliminate any content that it deems to violate this Agreement or is otherwise objectionable. Additionally, the Company reserves the right to disclose any information as necessary to comply with laws, regulations, or government requests, and to edit, refuse to post, or remove any information or materials, in whole or in part, that it considers objectionable or in violation of this Agreement, its policies, or applicable law.

2.2 Ownership of Your Content. Company does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Company the license set forth in Section 2.3. Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.

2.3 License for Your Content. In accordance with any relevant Account settings you choose or any licensing agreement you may need to accept when posting or submitting Your Content through the Services, you grant the Company, its agents, suppliers, and any other individuals authorized by the Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to utilize, reproduce, display, publicly perform, transmit, modify, publish, distribute, create derivative works from, sublicense, and otherwise exploit and utilize Your Content (in whole or in part) in any manner or medium currently available or developed in the future (including both print and electronic formats) and for any purpose. This grant encompasses the right to leverage any proprietary rights associated with Your Content, including, but not limited to, rights under copyright, trademark, trade secret, patent, or other intellectual property laws applicable in any relevant jurisdiction, along with a waiver of any “moral rights” related to Your Content. In relation to the exercise of these rights, you permit the Company, and any individuals authorized by the Company, to identify you as the creator of Your Content by name, email address, or username, as deemed appropriate by the Company. You will not receive any form of compensation for the use of Your Content. Please be aware that other Users may search for, view, utilize, modify, and reproduce any of Your Content that you submit to any “public” section of the Services. Therefore, it is advisable to be cautious and selective regarding the personal information you share about yourself and others, particularly avoiding the disclosure of sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.

2.4 Ratings and Reviews. User-generated ratings and reviews on our Services constitute User Content that is not endorsed by the Company and do not reflect the Company’s opinions. To the maximum extent allowed by law, the Company disclaims any liability for ratings and reviews, including any claims for economic damages arising from such content. We expect Users to uphold a high standard of integrity regarding the ratings and reviews submitted through the Services. Therefore, you agree to: (a) base any rating or review solely on your genuine, firsthand experience with the relevant business, product, or service; (b) refrain from providing a rating or review for any business, product, or service in which you have a competitive, ownership, or other economic interest, employment relationship, or any form of affiliation; (c) avoid submitting a rating or review in exchange for compensation or other advantages from any individual or organization; and (d) ensure that your review adheres to the terms of this Agreement. Should we determine, at our sole discretion, that any rating or review may undermine the integrity of the ratings and reviews or otherwise contravene the terms or intent of this Agreement, we reserve the right to exclude, prohibit, or remove such User Content without prior notice.

2.5 Additional Limitations on User Behavior. You agree not to utilize the Services for any purpose that is prohibited by this Agreement or by relevant laws. You shall not (and shall not allow any third party to) (a) engage in any actions or (b) provide any content on or through the Services that: (i) infringes upon any patent, trademark, trade secret, copyright, right of publicity, or any other rights of any individual or entity; (ii) is illegal, threatening, abusive, harassing, defamatory, libelous, misleading, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, spam, or bulk email; (iv) involves commercial activities and/or sales without the prior written consent of the Company, including but not limited to embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any individual or entity, including any employee or representative of the Company, or misrepresents your association with any other individual or entity; or (vi) violates any other rules or regulations that we may publish in relation to a specific feature of the Services. You are solely responsible for the content and outcomes of any of your actions.

3. Ownership of and License to Use Company Services

3.1 Utilization of the Services. Except for User Content, the Company and its suppliers possess or hold licenses for the rights, title, and interests necessary for the Services. The Services are safeguarded by copyright and other intellectual property laws globally. In accordance with this Agreement, the Company grants you a limited license to utilize the Services exclusively for your personal, non-commercial purposes. Any future releases, updates, or additional features of the Services will also be governed by this Agreement. The Company, along with its suppliers and service providers, retains all rights not expressly granted in this Agreement.

3.2 Trademarks. The stylized name of the Company, along with other associated trademarks, graphics, logos, service marks, and trade names utilized in connection with the Services, are the trademarks of the Company and may not be employed without authorization in relation to any third-party products or services. Other trademarks, logos, service marks, and trade names that may be displayed within the Services are the property of their respective owners. You are prohibited from removing, altering, or obscuring any copyright notices, trademarks, service marks, or other proprietary rights notices that are included in or accompany the Services.

3.3 Limitations on the Use of Services. You agree to refrain from engaging in any of the following activities:

(a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any part thereof;

(b) You shall not utilize framing techniques to enclose any trademarks, logos, or Services (including images, text, page layout, or form) belonging to the Company;

(c) You shall not employ any metatags or other “hidden text” that incorporates the Company’s name or trademarks;

(d) You shall not alter, translate, adapt, merge, create derivative works from, circumvent, decrypt, disassemble, decompile, reverse compile, or reverse engineer any portion of the Services, except where such actions are expressly permitted by applicable law;

(e) You shall not utilize any manual or automated software, devices, or processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or similar technologies) to “scrape,” harvest, or download data from the Services, except that operators of public search engines are granted revocable permission to use spiders to copy materials from the Website solely for the purpose of creating publicly available searchable indices of the materials, but not for caching or archiving such materials;

(f) You shall not use any data obtained from the Services for the purpose of developing any software program (including but not limited to training a machine learning or artificial intelligence (AI) system);

(g) You shall not access the Services for the purpose of constructing a similar or competing website, application, or service;

(h) Except as explicitly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

(i) You are prohibited from removing or altering any copyright notices or proprietary markings present in the Services, as well as from using the Services in a manner that infringes upon the intellectual property or other proprietary rights of any third party.

(j) You must not utilize the Services in contravention of any applicable laws.

(k) You are not permitted to seek unauthorized access to other computer systems via the Services.

(l) You must refrain from interfering with or attempting to disrupt the proper operation of the Services, or using the Services in any manner not explicitly authorized by this Agreement.

(m) You shall not engage in any activities that could harm our Services or disrupt any party’s ability to use or enjoy the Services. This includes, but is not limited to, violating or attempting to violate any security features, introducing harmful software such as viruses or worms, or interfering with the use of the Services by other users, hosts, or networks through methods such as overloading, flooding, spamming, mail bombing, or crashing the Services. Any unauthorized use of the Services will result in the immediate termination of the licenses granted by the Company under this Agreement.

3.4 Third-Party Links. The Services may include links to third-party services, such as websites, applications, or advertisements (“Third-Party Links”). By clicking on such links, you acknowledge that you may leave the Services without prior notification. The Company does not have control over and is not liable for Third-Party Links. These links are provided solely for your convenience, and the Company does not review, endorse, monitor, or make any representations regarding them or any content, products, or services accessible through these links. Your use of all Third-Party Links is at your own risk.

3.5 Embedded Video Links. Certain sections of the Services offer the capability for you to “embed” videos displayed on the page onto other websites or blog pages (collectively referred to as the “Embedded Video,” along with the Player as defined herein). This capability is facilitated by providing you with the necessary HTML code to incorporate on such pages to display the Embedded Video. When you add the HTML to a web or blog page, the actual video stream for the Embedded Video will be delivered from our servers, while the Embedded Video may be presented to the visitors of that page as part of its content. By choosing to embed a video on a page, you agree to the following conditions: (i) you will not modify the Embedded Video in any way, including but not limited to its content, format, duration, and associated advertising, from how it is delivered from our servers; (ii) you will not enable access to the Embedded Video through any video player or tool other than the video player provided by the Company when the Embedded Video is displayed (the “Player”); (iii) the Embedded Video may be utilized for commercial purposes, including on pages supported by advertising, provided that: (a) the Embedded Video is not included in or used as part of a service that sells access to video content; (b) the Embedded Video is not employed in the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system); (c) you shall not insert advertising, sponsorship, or promotional messages in or immediately adjacent to the Embedded Video or Player; and (d) if you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page must contain additional content not provided by the Company that justifies such sales. You may not obstruct, restrict, enhance, or disable any part of the Player, including but not limited to links back to the Company’s Services. You acknowledge and accept that all metrics associated with the access and viewing of the Embedded Video will be attributed to the Website without any restrictions imposed by these Terms of Service. We shall not be held liable to you for any matters concerning your use of the Embedded Video. Furthermore, you agree to defend, indemnify, and protect us, along with our affiliates and their respective directors, officers, employees, and agents, from any and all claims, liabilities, costs, and expenses, including legal fees, that may arise in connection with your use of the Embedded Video.

4. Indemnification and Limitation of Liability

4.1 Indemnification. You agree to indemnify and protect the Company, along with its corporate parents, subsidiaries, affiliates, and all officers, directors, employees, agents, representatives, partners, suppliers, and licensors (collectively referred to as the “Company Parties”), from any damages, losses, costs, liabilities, and expenses (including reasonable attorney fees and costs) that arise from or relate to any claims regarding: (a) the infringement of any third-party rights, including intellectual property rights, by Your Content; (b) your improper use of the Services; (c) your breach of this Agreement; (d) your infringement of the rights of any other party, including any Users; or (e) your violation of any relevant laws, rules, or regulations. The Company retains the right, at its own expense, to take over the exclusive defense and management of any issue that is subject to your indemnification obligations, in which case you will fully assist the Company in presenting any available defenses.

4.2 Disclaimer of Warranties and Conditions. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT ALLOWED BY RELEVANT LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAW, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION CONTAINED THEREIN, AS WELL AS IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM YOUR USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES DO NOT ASSUME ANY LIABILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL SATISFY YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS. IF YOU CHOOSE TO RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU BEAR FULL RESPONSIBILITY FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY AND ITS USERS ARE NOT ENGAGED IN PROVIDING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE CONSULT WITH PROFESSIONALS, AS NECESSARY, REGARDING THE ASSESSMENT OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. Certain state regulations may prohibit the imposition of limitations on implied warranties. If such regulations are applicable to your situation, some or all of the aforementioned disclaimers, exclusions, and limitations may not be relevant to you, and you may possess additional rights.

4.3 Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT ALLOWED BY RELEVANT LAW, THE COMPANY PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF PROFITS OR REVENUE, NOR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES OR COSTS RESULTING FROM DATA LOSS, PRODUCTION, OR USAGE, BUSINESS INTERRUPTION, OR THE ACQUISITION OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF WHETHER THE COMPANY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Cap on Liability. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE COMPANY DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, OMISSION, OR OCCURRENCE THAT GAVE RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION ON LIABILITY SHALL NOT APPLY TO A COMPANY PARTY’S LIABILITY FOR (X) DEATH, DAMAGE TO TANGIBLE PROPERTY, OR PERSONAL INJURY RESULTING FROM A COMPANY PARTY’S GROSS NEGLIGENCE, OR (Y) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

4.5 Basis of the Agreement. THE LIMITATIONS OF DAMAGES STATED ABOVE ARE ESSENTIAL COMPONENTS OF THE AGREEMENT BETWEEN THE COMPANY AND YOU REGARDING YOUR ACCESS TO AND USE OF THE SERVICES.

4.6 Exclusions. THE LAWS IN CERTAIN STATES MAY PROHIBIT THE EXCLUSION OR LIMITATION OF SPECIFIC DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT BE RELEVANT TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.7 Survival. You acknowledge that the provisions outlined in this section will remain in effect even after the termination of your Account, this Agreement, or your access to the Services.

5. General Provisions.

5.1 Disclaimer. The information provided through the Services is intended solely for informational purposes and is offered on an “as is” basis at the user’s own risk. The Company does not guarantee the accuracy, quality, or completeness of the information and shall not be held responsible or liable for any errors, omissions, or inaccuracies in the information or for any reliance placed on it by users. Users are fully responsible for verifying the information to ensure its suitability for their personal use.

5.2 Termination. The Company reserves the right, at its sole discretion, to modify, suspend, alter, or discontinue the Services, or to modify, suspend, change, or terminate your access to the Services, for any reason or without reason, with or without prior notice to you and without incurring any liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services for any reason or no reason, the Company retains the right to pursue appropriate legal action, including but not limited to civil, criminal, or injunctive remedies.

5.3 Procedure for Submitting Copyright Infringement Claims. If you believe that content available on the Services violates your copyright, please submit the following information to our Copyright Agent: (1) an electronic or physical signature of the individual authorized to act on behalf of the copyright owner; (2) a detailed description of the copyrighted work you allege has been infringed; (3) a detailed description of where the infringing material is located on the Services; (4) your contact information, including your address, telephone number, and email address; (5) a written declaration affirming your good faith belief that the disputed use is not permitted by the copyright owner, their agent, or applicable law; and (6) a statement made under penalty of perjury confirming the accuracy of the information provided and asserting that you are the copyright owner or are authorized to act on behalf of the copyright owner. Correspondence regarding copyright infringement claims should be directed to our Copyright Agent at: info@livingfitwell.com. The Company has a policy to revoke the Service privileges of individuals who are found to be repeat infringers of copyright. Please be advised that the Copyright Agent is not responsible for and will not respond to requests for usage or reprint permissions, nor to inquiries related to subscriber or customer service.

5.4 Electronic Communications. Communications between you and the Company are conducted through electronic means, whether you access the Services, send emails to the Company, or receive notices posted by the Company on the Services or via email. For the purposes of this agreement, you (1) consent to receive communications from the Company in an electronic format; and (2) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications and documents provided to you electronically will carry the same legal weight as if they were presented in written form. This provision does not alter your statutory rights.

5.5 Notice. When the Company requires you to provide an email address for receiving notices and other purposes, it is your responsibility to ensure that the Company has your most up-to-date email address. If the last email address you provided is invalid or unable to receive any notices required or permitted by this Agreement, the Company’s sending of the email containing such notice will still be considered effective notice.

5.6 Governing Law and Exclusive Venue. THIS AGREEMENT AND ANY RELATED ACTIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY CONFLICT OF LAW PRINCIPLES THAT MIGHT REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT BE APPLICABLE TO THIS AGREEMENT. In the event that the parties are permitted to commence litigation under this Agreement, both you and the Company agree that all claims and disputes arising from or related to this Agreement shall be exclusively adjudicated in the state courts located in New York County, New York, or in the federal courts situated in the Southern District of New York.

5.7 International Users. The Services are managed and provided by the Company from its facilities within the United States of America. The Company does not guarantee that the Services are suitable or accessible for use in other regions. Individuals who access or utilize the Services from other countries do so at their own risk and are responsible for adhering to local laws.

5.8 Export Control. You are prohibited from using, exporting, importing, or transferring the Services except as permitted by U.S. law, the laws of the jurisdiction from which you obtained the Services, and any other relevant laws. Specifically, the Services may not be exported or re-exported (a) to any countries subject to U.S. embargoes, or (b) to any individuals listed on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Department of Commerce’s Denied Persons List or Entity List. By utilizing the Services, you affirm and guarantee that (i) you are not situated in a country that is under a U.S. Government embargo or has been identified by the U.S. Government as a “terrorist-supporting” nation, and (ii) you are not included on any U.S. Government list of prohibited or restricted entities.

5.9 Entire Agreement. This Agreement constitutes the definitive, comprehensive, and exclusive understanding between the parties regarding the subject matter herein, thereby superseding and consolidating all prior discussions related to this subject. A waiver or failure to enforce any provision of this Agreement on a particular occasion shall not be interpreted as a waiver of any other provision or of the same provision on any subsequent occasion. Should any part of this Agreement be deemed invalid or unenforceable, that part shall be interpreted in a manner that closely aligns with the original intent of the parties, while the remaining sections shall continue to be fully effective. The Company shall not be held liable for any delays or failures in performance due to circumstances beyond its reasonable control, including, but not limited to, natural disasters, warfare, terrorism, civil unrest, embargoes, actions by civil or military authorities, fires, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials. You may not assign, subcontract, delegate, or transfer any rights or obligations under this Agreement without the prior written consent of the Company. Any attempted assignment, subcontract, delegation, or transfer that contravenes this provision shall be considered null and void.

5.10 Questions, Complaints, Claims, Permissions. Should you have any inquiries, complaints, or claims regarding the Services, please reach out to our customer service department using the contact details provided within the Services. We will strive to address your concerns effectively. For requests related to usage and/or reprint permissions, please send an email to info@livingfitwell.com.

5.11 California Consumer Complaints. Pursuant to California Civil Code §1789.3, you may file complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.