TERMS & CONDITIONS
AGREEMENT as of April 1, 2015
The LIV4MOR website (the “Website”) is owned and operated by LIV4MOR LLC (hereinafter referred to as the “Company”, “We”, or “Us”). Before you may use or purchase from the Site, you must read, agree to, and accept all the terms and conditions of this Agreement. You, the customer (hereinafter referred to as the “Customer” or “you”) represent that you are 18 years or older and can enter into legally binding agreements. The Agreement constitutes the entire agreement between You and Us.
The Company and its website, LIV4MOR.com, are not a substitute for the services of a medical doctor or other health care professional. We cannot and do not provide specific advise for your individual, unique situation and We cannot evaluate, discover, diagnose or decide which of Our products or services are right for You. Our products and servicesare not intended to diagnose treat, cure, or prevent any disease. The views and nutritional advice expressed by Usor other persons appearing on our website are not intended to be a diagnosis or a substitute for conventional medical service. You must use your own judgement when using Our products or services and you must seek the advice and counsel of your personal doctor or other health care professional whenever or wherever you deem appropriate. If you know or suspect you have a medical problem or issue, please contact your personal doctor or health care professional promptly. No information presented by the Company, or product sold by the Company, should be interpreted as a diagnosis of a disease, nor an attempt to treat or prevent any disease or condition. It can be dangerous to start any health regimen without disclosing and discussing it with your personal doctor or health care professional first.
FDA NOTICE AND DISCLAIMER
Statements about the Company’s products and servicesappearing on our website have not been evaluated by the Food and Drug Administration (FDA). The programs and products described herein are not intended to diagnose, treat, cure or prevent any disease. Always consult your physician or health care professional before starting this or any other health and wellness program. If you are under the age of 18, pregnant, lactating, are allergic or have any other medical condition, you should consult a physician before use. Discontinue use immediately if any allergic or other adverse reaction occurs. Diabetics should use only under direct medical supervision. Keep products out of the reach of children.
RESULTS MAY VARY
Results may be greater than or less than those depicted on our website and can be influenced by other factors including your physical health, metabolic rate and diet. As with any health or fitness program, a balanced eating plan and regular exercise are required in order to achieve long term weight loss results.
INFORMATION FOR GENERAL PURPOSES ONLY
Information on this website and on all packaging and labels is for general purposes only and intended to help you make informed decisions about your heath. It is not intended to substitute advice from your physician or health care professional.
LIMITATION OF LIABILITY
You agree, to the fullest extent permitted by law, to limit the liability of the Company’s officers, directors, partners, employees, shareholders, owners , contractors, suppliers and manufacturers for any and all claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of the Company shall not exceed $100, or the amount ofthe purchase by You, whichever amount is greater. You understand the limitations on liability, waivers and indemnities in this Agreement and that they shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary duty, tort (including negligence), strict or statutory liability, or any other cause of action, provided that these limitations on liability, waivers and indemnities will not apply to any losses or damages that may be found by a trier of fact to have been caused by the Company’s gross negligence or willful misconduct. Any action of any form arising out of your use of Company services and/or products, including this website, must be brought by you not later than one year following the actionable event. Without limiting the aforesaid, you acknowledge and agree that to the fullest extent permitted by applicable law, neither Company nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to Our website or any website you may access through a link from Our website or from any information, products or services advertised or obtained through Our website.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of Our website is at your sole risk and the website is being provided “AS IS” and Company expressly disclaims any and all warranties of any kind, whether express or implied (including without limitation, the impied warranties of merchantability or fitness for a particular use). In the event of any problems with Our website, you agree that your sole remedy is to discontinue your use of Our website. In the event of any problem or dispute with the products or services purchased via Our website, you agree that your sole remedy, if any, is a return or refund for such product or services in accordance with the return and refund policies posted on Our website.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some or the above limitations and disclaimers may not apply to you. To the extent Company may not, as a matter of applicable law, disclaim any implied warranty or limit is liabilities, the scope and duration of such warranty, and the extent of Company’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless the Company , its officers, directors, partners, employees, shareholders, and owners from any claim or demand, including attorneys’ fees, due to or arising or resulting from any breach or violation of this Agreement or the your breach or violation of a third party under your direction, control or supervision. You shall indemnify and pay to Us and hold Us harmlessagainst loss, expense, liability, damage, demand, claim, attorneys’ fees, any and all other expenses which the Company at any time may sustain or incur as a result of or in connection with the Company’s performance under this agreement including but not limited the Company’s negligence.
From time to time and without any notice, We may revise, amend or update this Agreement and post the revisions, changes, and/or updates here. It is incumbent on you to review these terms and conditions for any changes. Your continued use of Our website following the posting of any such changes shall constitute your acceptance. This Agreement cannot be otherwise modified except in writing memorialized by both parties.
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Us to collect our fees and/or recover damages for, or to obtain an injunction relating to Our website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York necessary to protect the rights or Our intellectual property pending the completion of arbitration.
Notices to Company shall be given by certified mail with return receipt requested to LIV4MOR LLC at 347 Fifth Avenue, 14th Floor, New York, NY 10016 to the attention of Heather Reynolds. Notice to you shall be given at the address you provide during your LIV4MOR.com purchase transaction.
AVAILABILITY, ORDERS, PROHIBITION ON RESELLING AND PRICE
All features, content, products and services made available via Our website including but not limited to prices of such products and services are subject to change at any time without notice. The information on Our website does not constitute a binding offer to sell products described on the website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this website for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
USE OF CONTENT
All content on Our website (including, without limitation, text, graphics, logos, icons, images, downloads, interfaces, code and software) is the exclusive property of Company or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on our website for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access. You may not modify the information or materials contained in our website or use any of the content for any public or commercial purpose. The ownership of all content on Our website is retained by Company. Any unauthorized use by you of our content may subject you to to civil and criminal penalties.
You may not use contact information (if any) provided on the website for unauthorized purposes, including marketing. Company reserves the right to limit or terminate your access to or use of the website at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Company may be entitled at law or in equity.
THIRD PARTY LINKS
Our website may contain links to other websites operated by third parties. These links are provided solely as a convenience to you as a source of information that may be helpful to you. We have not necessarily reviewed the information on those other sites and are not responsible for the content or any products or services that may be offered through those or any other sites. Our inclusion of links to other sites is not an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. If you decide to access any other website linked to or from our Site, you do so entirely at your own risk.
OUR INTELLECTUAL PROPERTY
Trademarks, trade names, logos, service marks and images used or displayed on Our websiteare registered and unregistered trademarks and copyrights of Company, their licensors or content providers, or other third parties. All of these trademarks, logos, service marks and images are the property of their respective owners. Nothing on Our website shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the website without the owner's prior written permission, except as otherwise described herein. Company reserves all rights not expressly granted in and to the site and its content.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without Our written consent. These marks include, but are not limited to, "LIV4MOR". You may not use frames or utilize framing techniques or technology to enclose any content included on the site without Company’s express written consent. Further, you may not utilize any of Our website content in any meta tags or any other "hidden text" techniques or technologies without Company's express written consent.
Company shall not be responsible for any delay or failure to perform any of our obligations hereunder by reasons, events or other matters beyond our reasonable control.
ENTIRE AGREEMENT AND ADMISSIBILITY
If any provision of this agreement is unlawful, void or unenforceable for any reason, the remaining provisions of the agreement will remain in full force and effect.
HOW TO CONTACT US
If you have any questions or comments about these terms and conditions of Agreement or the use of Our website, please contact us by email firstname.lastname@example.org.