http://test.livwellnutrition.com/terms-of-use

TERMS OF USE

Effective Date: January 1, 2015

Welcome to LivWell Nutrition!

The following Term of Use form a binding agreement between you and LivWell, LLC ("LivWell","we", "us",”Company” or "our"), the parent company behind LivWell Nutrition and this site. Please take the time to review these terms.

Acceptance of Terms of Use

By using the Site or any Service we provide, you (“you”, “the user”) or the person accessing our site and services, including any other person or company whose behalf you are accessing our site and services for, are agreeing to these terms, as well as our Privacy Policy, and any additional terms associated with certain programs you elect to partake in with respect to our site (collectively, the “Terms of Use”). These terms should be checked regularly for updates, as your use of the site and services indicates your acceptance of these terms.

Agreement

  • If you use or submit any orders (or any subsequent orders) on this website, you are agreeing to comply with and be bound by the Terms of Use, which together with our Privacy Policy govern our relationship (the “Agreement”) with you in relation to this website. If you disagree with any part of these Terms of Use, please do not use this website.
  • You must be 18 years or over to order online from www.livwellnutrition.com and have full legal capacity.

  • All sales are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our stock, we may have to wait to receive items from our suppliers, consequently whilst we would use our best practices to despatch items within the indicated delivery times, orders may sometimes take longer and we will advise buyers of the status, where applicable.

Site Ownership

All content and information used throughout our site is proprietary to LivWell and any other partners in which we are a licensee or licensor of said content and information. By accepting our Terms of Use you agree not to copy, distribute, transmit, modify, display, reproduce, perform, publish, license, transfer, create any imitative works from, or sell or resell any information, software, services or products obtained from or through our site.

Copyright and Trademarks

Any and all content located on or in our site is the sole property of LivWell or is being used with permission from the relevant party. Linking to the site, or any section of the site is only allowed with our permission, which for standard and accepted purposes is allowed, under the condition that we can revoke this permission at any time.

Our site, as well as any subsections to our site, contain material which is copyrighted, trademarked, or is proprietary information, which includes, but is not limited to, any and all text, software, photos, video, graphics, music and sound (“content”). Any and all content of the site is collectively protected under the United States copyright laws. The selection, coordination, arrangement and enhancement of such content, as well as its original content is owned under copyright by LivWell. Copying, distributing, publishing and transmitting of any copyrighted material on the site, including in modified or derivative form is strictly prohibited and a violation of these Terms of Use, and you may be terminated from our site, held liable for copyright, trademark or intellectual property infringement and may be subject to any civil and/or criminal penalties associated with such activities. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the written consent of LivWell or the owner of such copyright is not permitted unless otherwise specifically stated under copyright law. In the event that LivWell allows you to copy, redistribute or publish its copyrighted material, you agree to make no deletions or modifications to any writer attribution, trademark legend or copyright notice. You also agree that you do not acquire any right of ownership by downloading material which is copyrighted.

LivWell, LLC owns the trademark LivWell and in conjunction with other trademarks located within or on the site are not deemed to be in the public domain but instead is the sole property of LivWell, LLC.

At no time will you upload or post or otherwise have presented any material which is protected by any proprietary right, including but not limited to copyright or trademark, unless you have expressed permission of the owner of such material. At no time will LivWell be under obligation to provide you with any indication, marking or any other notice that may assist you in the determination of if such material is copyrighted or trademarked. Any damages or other harm which results from such a submission of material, which occur from your infringement of copyrights, trademarks, or any other proprietary right, will be at your sole liability. In the event that you submit any material to a public area of our site, you warrant that the owner of the material has at such time expressly permitted LivWell the perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute this material, whether it be in whole or in part, worldwide and/or to include it into any other work or material in any form, media or technology known or hereafter developed for the entire term of copyright that such material holds. You also agree to allow LivWell to edit, copy, publish and distribute any and all material that may be made available by you on this site.

Terms of Sale

By purchasing a product through LivWell you agree to our Terms of Use and these Terms of Sale. By the act of purchasing, accepting, using or attempting to use any product, you agree to these Terms of Sale, especially those terms which are identified which advertise the product at the time of purchase (collectively, the “fine print” regardless of how labeled). Our Terms of Sale and fine print apply to all products made available through LivWell, unless the fine print on a particular product or website states otherwise, and except as otherwise required by law. In a situation where there is a conflict between the fine print and the terms of a specific sale, the fine print will control.

If you request a refund or have a question concerning refunds, use our Contact Us form to contact us. Any unauthorized reproduction, resale, modification or trade of LivWell Nutrition products is prohibited.

Medical / Legalities Disclaimer

LivWell is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the company shares no responsibility. LivWell products are not intended to diagnose, treat, cure, or prevent any disease.

Promo Code Terms and Conditions

Promo codes, and promotions acquired through the redemption of promo codes are not transferable, and not redeemable for cash, credit, or towards previous purchases. Most promo codes will have an expiration date. This date will either be provided along with the promo code, or can be determined by attempting to redeem it through an LivWell website. Promo codes can not be redeemed after their expiration date. LivWell reserves the right to revoke any promo code, and/or any promotions acquired through the redemption of promo codes at any time, at LivWell sole discretion.

Disclaimer of Warranty

By accepting these Terms of Use, you expressly acknowledge, understand and agree that you use this site at your own sole risk. It has not been warranted, by LivWell nor its subsidiaries, affiliates nor any employees, agents, merchants, third-party content providers or license grantors, or any of their officers, directors, employees or agents (collectively, “all parties”), that this site will be continuously uninterrupted or free from any errors. In addition all parties make no guarantee on the accuracy, reliability or content of any information, service or certificate provided through its websites or the results that may occur from the use of such products. You understand that the site which LivWell operates will be used on an “as is” basis when available. Whether implied or expressed, any and all warranties and conditions or representations, including but not without limitation to, title non-infringement, or merchantability, quality, and fitness are hereby disclaimed by LivWell.

Limitation of Liability

In absolutely no event or situation shall LivWell nor its subsidiaries, affiliates nor any employees, agents, merchants, third-party content providers or license grantors, or any of their officers, directors, employees or agents, be liable for any special, incidental, indirect, consequential or punitive damages which arise out of, or in relation to, the use of the site or any of its statements, contents or other information within these Terms of Use. In absolutely no event or situation will LivWell liability concerning a product exceed the amount paid for the product in question. By accepting these terms of use, you acknowledge that the total aggregate liability, if it should arise, from or concerning these Terms of Use, shall not surpass five hundred dollars, or the amount which you paid during the six month period prior to bringing any claim against LivWell (whichever is less).

Indemnification

You agree to defend, indemnify and hold the Company and its affiliates and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Sites.

Internal and External Internet Links

Links may appear on our site which link to affiliated or nonaffiliated parties. In either case, these links will be provided with the sole intent to deliver a more convenient or informative experience to you or other users. We do not endorse or have any bias opinion in the matter of the content for these links. From hereinafter, we disclaim any representations as to the content or accuracy which those links may convey, or the privacy practices of the websites which those links are directed to. In the event that you access an external website through one of our links, you do so at your own risk.

Further Disclosures

Under no circumstance in which you breach, default or fail to exercise any and all rights provided to you under these Terms of Use shall it constitute a waiver of any subsequent or preceding default or breach or a waiver of forfeiture of any parallel or future rights under these Terms of Use by neither you nor LivWell. Any and all section headings throughout these Terms of Use are used expressly for your convenience and at no time shall be of legal force or effect. If at any time, any provision of these Terms of Use is rendered invalid by a court of competent jurisdiction, the invalidity in question shall not affect the enforceability of any other provisions contained in these Terms of Use; Additionally, any and all remaining portions of these Terms of Use shall remain in full force and effect. LivWell, its subsidiaries, affiliates, merchants and any and all third-party content providers and license granters, shall have the right to assert and enforce any and all provisions, set forth in these Terms of Use, directly or on its own behalf. These Terms of Use are to apply equally and for the benefit of all aforementioned parties. These terms of use are subject to change at the discretion of the company owners, operators, web techs, legal advisors, and how users like you interact with our site.