1. Acceptance of Terms Living Well Stores Inc. ("LWS" or "we", "us", "our"), provides you with access to the Living Well Stores web site, located at www.livingwellstores.com (the "Site"). By accessing, browsing, framing, using and/or linking to the Site, you become a User (for yourself, your family and any affiliated persons or entities) agree to be bound by these Terms and Conditions of Use (the " Agreement"). When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted, which will become a part of the Agreement as if fully set forth here. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Living Well Stores, Incorporated by email before using the Site.
3. Use of the Site YOU UNDERSTAND AND AGREE THAT THIS SITE IS FOR THE EXCLUSIVE PURPOSE OF CUSTOMERS INTERESTED IN LEARNING ABOUT AND PURCHASING PRODUCTS WE SELL. WE DO not guarantee that the Site will be free of infection from viruses that could damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security and safety when visiting livingwellstores.com. You assume total responsibility and risk for your use of the Site and the internet. You acknowledge and agree that it is possible for an upload or transmission you make to be intercepted and used by an unauthorized third party. Accordingly, you are solely responsible for all of the risk associated with your use of the Site. You are responsible for maintaining the confidentiality of your password, account number, and Living Well Stores membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Living Well Stores shall not, in any manner, be responsible or liable for fraudulent purchases or other uses that are made using your compromised Account Information.
4. No Warranties Living Well Stores, its affiliates and licensor does not warrant that the Site or its services will meet your requirements, or that the Site or services will be uninterrupted or error-free or that defects in the Site will be corrected. We attempt to represent all of our products accurately, including product prices. Nevertheless, we are not responsible for typographical errors. The Site and the content and services made available on the Site are provided on an "as is" and "as available" basis. Living Well Stores does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site content, any merchandise or services provided through the Site or on the internet generally, other than Living Well Store's product guarantee. Living Well Stores shall not be liable for any cost or damage arising either directly or indirectly from any transactions entered into through the Site. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
5. Medical Advice WE DO NOT OFFER MEDICAL ADVICE and nothing should be construed as implying otherwise. We recommend that you always check with your doctor or other healthcare professional before beginning any kind of self-treatment, fitness regimen or other medically related activity.
6. HIPAA You agree that we do not ask for and you shall not provide personally identifiable health information which may subject us to rules that govern HIPAA regulations.
7. System Outages We periodically schedule system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. Living Well Stores disclaims any and all liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. VidaCura disclaims any and all responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
8. Indemnification You agree to indemnify, defend and hold Living Well Stores, its affiliates, licensor, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Living Well Store's defense of any claim. Living Well Stores reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the company.
9. Intellectual Property The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") are operated by Living Well Stores (and where the VidaCura name or logo appears, under license from VidaCura, Incorporated) and/or its affiliates or partners, suppliers or other contracting parties and such Content is protected by federal and international copyright and trademark laws, or other proprietary rights. Licensed content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Living Well Stores. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Living Well Stores. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Living Well Stores or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Living Well Stores or VidaCura copyright.
10. Limitation of Liability Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site or providing products or services through the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Site (ii) the cost of procurement of substitute products and services resulting from any products, data, content or services purchased or obtained or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, warranties, guarantees or conduct of Living Well Stores or any third party on the Site, including but not limited to statements about the use or functionality of any products or services purchased through the Site; (v) damage, injury or economic loss related to the use of products or services purchased through the Site or (bi) any other matter relating to the Site. You hereby acknowledge that this paragraph shall apply to all content, products, and services available through the Site. In no event shall Living Well Stores’ total cumulative liability with respect to any facts or circumstances exceed the greater of: the purchase price of any product or service purchased through the Site; or, where no product or service was purchased in connection with such facts or circumstances, the amount of $1.00. Because some states may not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The limitations of liability provided in this agreement inure to the benefit of Living Well Stores, our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.
11. Your Account and Membership Obligations In consideration of your use of the Site, if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
12. Governing Law and Jurisdiction You acknowledge and agree that any disputes between you and Living Well Stores, its licensor, affiliates, officers, directors, employees, attorneys or agents arising out of your access to and/or use of Content, this Site, the purchase of products or services, this Agreement, and/or the Privacy Statement, shall be governed by the laws of the state of Florida as if entered into solely by residents thereof, without regard to its conflicts of laws provisions, and any action taken by either of us against the other shall be brought in a court of appropriate jurisdiction in Duval County, Florida, and you expressly agree to venue and personal and subject matter jurisdiction in such court.