Last updated: June 18, 2021
Welcome to www.livea180.com. Livea180, LLC (“LIVEA180”) provides this website as a service to help you learn more about LIVEA180 and our products, and as a place where you can shop for our products. This website and all other LIVEA180 goods and services are collectively referred to as the “LIVEA180 Products”. All LIVEA180 Products are provided by LIVEA180 subject to the following conditions.
Please read the conditions carefully. You agree to each of them by using any of the LIVEA180 Products
LIVEA180 offers an expanding list of LIVEA180 Products. Use of some LIVEA180 Products (for example, LIVEA180 gift cards and LIVEA180 rewards programs) is subject to additional or different terms of service (“Service Terms”). If these Terms are inconsistent with the Service Terms for a service, the Service Terms related to that service will control.
- ENROLLMENT, REGISTRATION, AND TERMINATION
- By registering, visiting, posting content on, submitting information or materials to, accessing, reviewing and/or otherwise using our website, its information and content, and various interactive features, YOU ARE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS HEREIN, INCLUDING THOSE REGARDING ASSUMPTION OF RISK AND THE LIMITATION OF LIVEA180’S LIABILITY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, THEN PLEASE DO NOT PROCEED WITH REGISTRATION OR USE OF THE LIVEA180 PRODUCTS. LIVEA180 may modify these Terms from time to time without prior notice to you. Your continued use of our website constitutes your acceptance of, and agreement to any changed terms and conditions. We will post any such changes in a timely manner. ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING TO THE SITES. BY USING OR OTHERWISE ACCESSING THE SITES, POSTING OR DOWNLOADING ANYTHING TO OR FROM THE SITES, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND ANY CHANGES TO THEM. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS FOR CHANGES.
- The LIVEA180 Products been designed and/or selected by LIVEA180 with the goal of assisting people with weight loss and weight management. YOU UNDERSTAND AND AGREE THAT INDIVIDUAL RESULTS VARY. You also understand and agree that we may, but are not obligated to, modify the LIVEA180 Products and our product offerings for a variety of reasons, including for consistency with the most recent weight loss and weight management research.
- You must have a U.S. shipping and billing address to enroll in any program offered by LIVEA180 and to receive any of the LIVEA180 Product offered through any such program. To enroll, you must select this option by clicking on the designated check box in the checkout stage of your order. LIVEA180 will activate your account and begin your membership when your first LIVEA180 order for a LIVEA180 Product is submitted. You should create an online account during checkout when you place your first order for a LIVEA180 Product; thereafter you may sign in using your then current username and password. You may also enroll in any program offered by LIVEA180 by contacting the Client Support Team at 1-833-MYLIVEA.
- LIVEA180 IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER ANY SERVICE OR DOCUMENTATION PROVIDED TO YOU BY LIVEA180 AS MEDICAL ADVICE OF ANY KIND, AND THE LIVEA180 PRODUCTS ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION.
- LIVEA180 is not a licensed medical care provider, and we have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific regimen on a medical condition. You are urged and advised to seek the advice of a physician before beginning your use of any of the LIVEA180 Products, and to get periodic medical check-ups as recommended by your primary care physician. The information and reports generated by LIVEA180 should not be interpreted as a substitute for physician consultation, evaluation, or treatment. By using the LIVEA180, you represent that you are healthy enough to begin a weight loss program that includes diet and exercise. If you are currently under the care of a health care professional or are living with a chronic health care condition, you represent that you have obtained the express approval from a health care professional to receive the services before beginning. Never disregard professional medical advice or delay in seeking it because of something you have been told by LIVEA180 or any of LIVEA180’s team members.
- We may include a variety of information and content on our website, including articles, data, references, interactive community tools and advertising. It is your responsibility to evaluate the information provided on the website. ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL PURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATIONS. LIVEA180 DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON LIVEA180’S WEBSITE. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE WEBSITE AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A LIVEA180 EMPLOYEE IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A CLINICIAN–PATIENT RELATIONSHIP. USERS OF THE INFORMATION FROM THIS WEBSITE DO SO AT THEIR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIVEA180 respects the privacy of those who use the LIVEA180 Products, but it is necessary for LIVEA180 to collect, retain and use data regarding those who use the LIVEA180 Products. Please review LIVEA180’s Privacy Notice to understand our information collection, retention and use practices. By using the LIVEA180 Products you also agree to all terms contained in LIVEA180’s Privacy Notice.
- ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other LIVEA180 Products. You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Likewise, you may send electronic communications to us in connection with your use of the LIVEA180 Products. You agree that all agreements, notices, disclosures, and other communications that you provide to LIVEA180 electronically satisfy any legal requirement that such communications be in writing and that LIVEA180 may use all electronic communications between you and LIVEA180 as LIVEA180 sees fit in carrying out its business.
- All content, including but not limited to text, graphics, downloads, and software found on this Site is protected under applicable intellectual property and other laws, including without limitation the copyright and trademark laws of the United States and other countries. All content and intellectual property rights therein are the property of LIVEA180 or is included on this Site with the permission of the rights holder.
- The presence of any content on this Site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content. None of the content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying or recording without LIVEA180’s express prior written permission.
- You are hereby granted permission to access and use this Site and to display, download, or print content of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the content; (ii) you do not alter or remove any copyright or other proprietary notices contained in the content; and (iii) you do not copy or post the content on any network computer, broadcast the content in any media, or otherwise republish the content.
- You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit or distribute any of the content for any commercial purpose without express written consent of LIVEA180.
- You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content to anyone, including but not limited to others in the same organization, without LIVEA180’s express prior written consent.
- Contact LIVEA180 to obtain permission to reuse or republish material copyrighted by LIVEA180. Where LIVEA180 has posted materials of other rights holders in this Site with permission, LIVEA180 cannot grant permission to reuse or republish such materials. Content owned by other rights holders may be subject to additional restrictions. You will need to contact the rights holder directly.
This Site contains trademarks, service marks, company names, abbreviations, acronyms, product names, other trade names, trade dress, logos, icons, buttons, and graphics, print styles, colors, and color schemes (collectively the “Marks”). All Marks appearing within this Site, whether registered or not, are the property of LIVEA180 unless otherwise expressly noted (the “LIVEA180 Marks”). Unauthorized use of the marks is expressly prohibited. You are not authorized to display or use the LIVEA180 Marks in any manner without LIVEA180’s prior written permission. You are not authorized to display or use any of the other Marks without the prior written permission of the owner of such Mark.
- USER GENERATED CONTENT
- As used herein, “User-Generated Content” refers to all content supplied by anyone, including you, to LIVEA180.
- LIVEA180 is proud of the LIVEA180 Products. LIVEA180 encourages posting of reviews, comments, photos, videos, and other content relevant to LIVEA180 Products. Likewise, LIVEA180 encourages submission of suggestions, ideas, comments, questions, or other information. However, you agree not to post or submit any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable. You also agree not to post or submit any content that contains software viruses, political campaigning, commercial solicitation, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. LIVEA180 reserves the right (but not the obligation) to remove or edit such content. LIVEA180 does not regularly review posted content.
- You grant LIVEA180 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display all User–Generated Content you post or submit to LIVEA180 via this website or otherwise. You grant LIVEA180 and sublicensees the right to use the name that you submit in connection with such User–Generated Content. You represent and warrant that you own or otherwise control all rights to the User–Generated Content that you post; that such User–Generated Content is accurate; that use of the User–Generated Content you supply does not violate these Terms or the associated Privacy Notice and will not cause injury to any person or entity; and that you will indemnify LIVEA180 for all claims resulting from User–Generated Content you supply. LIVEA180 has the right but not the obligation to monitor and edit or remove any activity or content. LIVEA180 takes no responsibility and assumes no liability for any content posted by you or any third party.
- You are responsible for anything you post, upload, input or submit to this Site. Under no circumstances will LIVEA180 be liable in any way for any User–Generated Content. You, not LIVEA180, are entirely responsible for all User–Generated Content that you post or otherwise enter, and that you can be held personally liable for User–Generated Content that is defamatory, obscene, or libelous, or that violate these Terms and the associated Privacy Notice, any obligation of confidentiality, or the rights of others. If any part of the User–Generated Content you post or otherwise enter is not your original work, you must obtain any necessary permission to post or enter it and must indemnify and hold harmless LIVEA180 if any claim arises from your failure to obtain such permission.
- LIVEA180 does not warrant or guarantee the truthfulness, integrity, suitability, or quality of any User–Generated Content. By accessing this Site, you may encounter User–Generated Content that you may consider to be objectionable. LIVEA180 has no responsibility for any User–Generated Content, including without limitation any errors or omissions therein. LIVEA180 is not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User–Generated Content posted, emailed, transmitted or otherwise made available on or through this Site. The User–Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of LIVEA180, or any person or entity associated with LIVEA180.
- You affirm, represent, and warrant that you own all User-Generated Content you submit to LIVEA180, or have the necessary licenses, rights, consents, and permissions to submit such User-Generated Content to LIVEA180. You further affirm, represent, and warrant that (i) you have the right to grant to LIVEA180 the licenses set forth in these Terms including without limitation the licenses set forth in subsection D immediately below, and (ii) by exercising its rights pursuant to such licenses LIVEA180 will not be infringing any of your rights or any rights of any third party, including without limitation any trademark rights, service mark rights, trade name rights, trade secret rights, copyrights, rights of attribution, publicity rights, and privacy rights. You further affirm, represent, and warrant that that the holder of any rights, including moral rights in content contained in any User-Generated Content you submit, has completely and effectively waived all such rights, and has validly and irrevocably granted to you the right to grant the licenses stated in these Terms, including without limitation subsection G immediately below.
- By using this Site and submitting User-Generated Content to LIVEA180, you give LIVEA180 and LIVEA180 subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense) to use, copy, modify, distribute, publicly display, perform, publish, translate, transmit, remove, retain repurpose, and commercialize all User–Generated Content you post on the Site or otherwise submit to LIVEA180. This license includes the right to republish all User–Generated Content you post (or otherwise enter) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. This license also includes the right to publish your name or other identifying information in connection with your User–Generated Content. You agree not to post any User–Generated Content including without limitation any text, drawings, photographs, videos, confidential information, or product ideas, names, likenesses, or other identifying information that you or any third party do not wish to license to LIVEA180. Subject to the foregoing, the owner of such User-Generated Content placed on the website retains any other rights that may exist in such content.
- LIVEA180 is under no obligation to post or use any User–Generated Content you may provide and may remove or modify any User–Generated Content at any time in its sole discretion. LIVEA180 has the right (but does not assume the obligation) to (i) monitor all User–Generated Content; (ii) require that you avoid certain subjects; (iii) remove or block any User–Generated Content at any time without notice at our sole and absolute discretion; (iv) disclose any User–Generated Content and the identity of the user who posted or entered it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of LIVEA180 or others, or to enforce these Terms; and (v) terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion. LIVEA180’s exercise of such discretion shall not render LIVEA180 the owner of User–Generated Content you post or enter, and that you will retain ownership and responsibility for all User–Generated Content you post or enter as described above.
- When posting or entering User-Generated Content you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule, or regulation. You further agree that the User–Generated Content you post or enter will not:
- Be false, misleading, fraudulent, unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- Constitute or encourage activity illegal under criminal or civil law;
- Be User–Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Violate or infringe upon the rights of others, including User–Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- Contain the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old, and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old but you are his/her parent or legal guardian;
- Contain any request for or solicitation of any personal or private information from any individual;
- Contain any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Contain any advertising, promotions, or marketing, or which otherwise has a commercial purpose or any request for or solicitation of money, goods, or services.
- OTHER PROHIBITED USES
As a condition of your use of the websites, you will not:
- Use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices;
- Use of this Site in any manner that could damage, disable, overburden, or impair any LIVEA180 server, or the network(s) connected to any LIVEA180 server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to any website, other accounts, computer systems or networks connected to any LIVEA180 server or to any of the website through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on this Site;
- Use any meta tags or any other “hidden text” utilizing LIVEA180’s name or any of the Marks without the express written consent of LIVEA180;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses, internet protocol addresses, and metadata;
- Use this Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Violate any applicable laws or regulations; and
- Use this Site or any of the services or tools made available on this Site if you are not able to form legally binding contracts.
- Any unauthorized use automatically terminates any permission or license granted by LIVEA180 to you. LIVEA180 reserves the right to pursue all of its legal remedies for your unauthorized use or abuse of this Site, or infringement of LIVEA180’s rights.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site, or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify LIVEA180 immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
- OTHER INTELLECTUAL PROPERTY COMPLAINTS
If you believe that your intellectual property rights have been infringed, please submit your complaint using the address: IP@LIVEA180.com.
- OTHER REPORTING OF OBJECTIONABLE USER-GENERATED CONTENT
- You may report objectionable User–Generated Content and other objectionable content by contacting LIVEA180 using the information provided below. LIVEA180 does not have any obligation to remove content from this Site merely because LIVEA180 receives a removal request. LIVEA180 will review all such requests and, in our sole discretion and in accordance with these Terms and applicable law take whatever action it deems appropriate or take no other action at all. If the content has already been distributed to other websites or published in other media, LIVEA180 will not be able to recapture and delete it. Also, one or more archived copies of content LIVEA180 removes from this Site may remain on back–up servers.
- LIVEA180 does not knowingly violate or permit others to violate the intellectual property rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
- In the event you believe that material or content published on the website is objectionable or infringing, please notify us immediately. Such notices may be provided to the physical or e-mail address below:
Website Reporting Agent
- All such notices should identify the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material. All such notices should also include identify with specificity the rights alleged to be infringed. By way of example, in the case of a registered copyright or registered trademark, a complete copy of the relevant Certificate of Registration should be provided as a part of the notice.
- LIVEA180 reserves the right to (i) remove User-Generated Content without prior notice, and (ii) terminate/cancel a user’s registration (or access to the website).
- Remedies for Breach
In the event that LIVEA180 determines, in its sole discretion, that you have breached any portion of these Terms or the associated Policy Notice, or have otherwise demonstrated conduct inappropriate for the website, LIVEA180 reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to LIVEA180) that you have violated these Terms or the associated Policy Notice; (ii) delete any or all content provided by you or your agent(s) to the website; (iii) cancel/discontinue your registration(s) with the website; (iv) discontinue your subscription to any digital product, product, event, content, tool or service purchased through the website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities and agencies for further action; and/or (vi) take any other action which LIVEA180 deems to be appropriate. If your registration(s) with or ability to access the website and/or any other service, content, event, tool or digital product provided to you by Livea180 is discontinued by LIVEA180 due to your violation of any portion of these Terms or the associated Policy Notice or for conduct otherwise inappropriate for the website, then you agree that you shall not attempt to reregister with or access the website and/or any other digital product, content or service provided by Livea180, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, events, content and services to which your access has been terminated, or subscription fees to the website overall.
- LINKS TO THIRD PARTY SITES
As used herein, “Linked Sites” means and includes any site not operated or controlled by LIVEA180. This Site may provide you with links to Linked Sites and those Linked Sites may provide links to other Linked Sites. LIVEA180 is not responsible for the content of any of the Linked Sites, or for any content changes or updates to such Linked Sites. LIVEA180 is providing these links to you only as a convenience. The inclusion of any link does not imply any endorsement, sponsorship, or approval by LIVEA180 of any of the content of such Linked Sites, any goods or services offered on such Linked Sites, the owners or operators of such Linked Sites, or the commercial activities of the owners or operators of such Linked Sites. Likewise, the inclusion of such links does not imply that there is any affiliation, connection, or associate between LIVEA180 and the owners or operators of such Linked Sites.
- LICENSE AND ACCESS
LIVEA180 grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the LIVEA180 Products that LIVEA180 makes available to you either with or without charge. This license grant is subject to your full compliance with these Terms, the associated Policy Notice, and all other Service Terms. This license does not include: (a) any commercial use of any LIVEA180 Products or its contents; (b) any collection or use of any product listings, descriptions, or prices; (c) any derivative use of any LIVEA180 Products or its contents; (d) any downloading, copying, or other use of information for the benefit of any third party; or (e) any data mining using robots or any other similar data gathering and extraction tools. All rights not expressly granted to you in these Terms, the associated Policy Notice, and all other Service Terms are reserved and retained by LIVEA180. You are not authorized or permitted to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any LIVEA180 Products without express written consent of LIVEA180. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LIVEA180 without the express written consent of LIVEA180. You may not use any meta tags or any other “hidden text” utilizing LIVEA180’s name or trademarks without the express written consent of LIVEA180. You may not misuse the LIVEA180 Products. You may use the LIVEA180 Products only as permitted by law. The licenses granted by LIVEA180 terminate if you do not comply with these Terms, the associated Policy Notice, and all other applicable Service Terms.
- YOUR ACCOUNT
To make purchases via this website and use certain other LIVEA180 Products, you may be required to be logged in to your own personal LIVEA180 account and have a valid credit card or other permitted payment method associated with your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You are personally responsible for all activities that occur via your account or password.
- FAMILY MEMBERS
LIVEA180 generally sells its goods and service online only to adults able to supply a credit card or other permitted payment method. People under 18 may purchase LIVEA180 Products only with the assistance of a parent or guardian. LIVEA180 reserves the right to refuse service, terminate accounts, terminate your rights to use LIVEA180 Products, remove or edit content, or cancel orders in its sole discretion.
- RISK OF LOSS
LIVEA180 uses a variety of commercial carriers to transport certain LIVEA180 Products. Risk of loss and title for such LIVEA180 Products you purchase from LIVEA180 pass to you upon our delivery to the carrier by LIVEA180.
- RETURNS, REFUNDS AND TITLE
LIVEA180 does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, LIVEA180 never takes title to the refunded item. For more information about our returns and refunds, please contact LIVEA180 at: service@LIVEA180.com.
- PRODUCT DESCRIPTIONS
LIVEA180 attempts to accurately describe all items it sells. However, LIVEA180 does not warrant that product descriptions or other content on this website related to any LIVEA180 Products is accurate, complete, reliable, current, or error-free. If the LIVEA180 Products you purchase from LIVEA180 are not as described, your sole remedy is to return them in unused condition.
- Sponsorships and Advertising
You understand that paid sponsorships and advertising may be used to supplement the information, content and materials available on LIVEA180’s website. LIVEA180 is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the LIVEA180 website. LIVEA180 is not responsible for the content of any third-party sponsor’s or advertiser’s website to which LIVEA180 links. In all cases involving materials available on or otherwise distributed through the LIVEA180 website, the disclaimers, limitations of liability and other provisions of these Terms shall apply. With respect to any other content, products, goods, or services available on any third-party website, under no circumstances will LIVEA180 be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct all issues and concerns to such third party.
- Health Privacy Laws
LIVEA180 cannot confirm the price of an item until you order. An item in our catalog or on this or other websites may be mispriced. If the correct price of an item sold by LIVEA180 is different than the stated price, LIVEA180 will, at its exclusive option, either sell you the item for the misstated price, contact you for instructions before shipping, or cancel your order and notify you of such cancellation.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LIVEA180 PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LIVEA180 PRODUCTS ARE PROVIDED BY LIVEA180 ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LIVEA180 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LIVEA180 PRODUCTS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LIVEA180 PRODUCTS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LIVEA180 PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, LIVEA180 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIVEA180 DOES NOT WARRANT THAT THE LIVEA180 PRODUCTS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LIVEA180 PRODUCTS, LIVEA180’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LIVEA180 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, LIVEA180 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LIVEA180 PRODUCTS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LIVEA180 PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
- ASSUMPTION OF RISK
YOUR USE OF LIVEA180’S WEBSITE IS AT YOUR OWN AND SOLE RISK. This website and the information and content are provided on an “as is” basis. LIVEA180, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, LIVEA180, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS make no representations or warranties as to either: (1) the accuracy, reliability, completeness, or timeliness of the website’s information, content, software, text, graphics, links, or communications provided on or through the use of the website; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products, specific medical technology, medical treatment or the approval or compliance of any software tools with regard to the information and content contained on the website. IN NO EVENT SHALL LIVEA180 OR THEIR SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS FEATURES, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH LIVEA180 THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIVEA180 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LIVEA180 SHALL NOT BE LIABLE FOR USER MESSAGES, POSTINGS, OR SUBMISSIONS OR FOR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Any dispute or claim relating in any way to your use of any LIVEA180 Products, or to any products or services sold or distributed by LIVEA180 or through this website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to service@LIVEA180.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $100.00 unless the arbitrator determines the claims are frivolous. Likewise, LIVEA180 will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify and hold LIVEA180, its subsidiaries and affiliates, and each of their managers, members, officers, directors, shareholders, employees and agents harmless from any claim or demand made by any third party due to or arising out of your use of the website, the violation of these Terms or the associated Privacy Notice by you, or the infringement by you, or any other user of your registration (whether or not authorized), of any intellectual property or any other right of any person or entity.
- APPLICABLE LAW
- We operate the LIVEA180’s website from its offices within the State of Minnesota in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and LIVEA180 agree that the laws and regulations of the State of Minnesota, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our website. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hennepin County, Minnesota
- This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to LIVEA180 Products is intended for use only by residents of the United States.
- Other countries may have laws, rules and regulatory requirements that differ from those in the United States. LIVEA180 makes no representation that materials on its website are appropriate or available for use in other locations. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
- LIVEA180 reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited. If any provision of these Terms or the associated Privacy Notice is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Terms and the associated Privacy Notice at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- ADDITIONAL LIVEA180 SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with LIVEA180 Products (the “LIVEA180 Software”).
- No Reverse Engineering. Reverse engineering, decompiling or disassembling, tampering with, or bypassing any security associated with the LIVEA180 Software, whether in whole or in part, is strictly prohibited.
- LIVEA180 may offer automatic or manual updates to the LIVEA180 Software at any time and without notice to you.
LIVEA180 Privacy Notice
Last updated: June 18, 2021.
INFORMATION LIVEA180 GATHERS:
Automatic Information: LIVEA180 receives and stores certain types of information whenever someone interacts with LIVEA180 using this website. LIVEA180 uses “cookies,” and collects certain types of information when your browser accesses this website and its content. Examples of the information we collect include all Internet protocol (IP) addresses used to connect your computer to the internet; login information; e-mail addresses; passwords; computer and connection information such as browser types, versions, and time zone settings, browser plug-in types and versions, operating systems, and platforms; purchase histories; the full Uniform Resource Locator (URL) clickstreams to, through, and from LIVEA180’s website, including dates and times; cookie numbers; products you viewed or searched for; and phone numbers you used to call LIVEA180 or its affiliates. We sometimes aggregate your information with similar information from other customers.
LIVEA180 uses “cookies” and collects certain types of information when your browser accesses this website and its content. During some visits LIVEA180 may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
When you access LIVEA180’s websites using a mobile device, we also collect location information if such information is disseminated by the mobile device. Your mobile device likely allows you to disable location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
Information You Enter: LIVEA180 receives and stores any information you enter on this website or give LIVEA180 in other ways. You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with LIVEA180’s various departments such as our customer service and sales departments. You may choose not to provide certain information, but then you might not be able to take advantage of many of all LIVEA180 Products. LIVEA180 uses the information you provide in many ways. Some examples include as responding to your requests related to LIVEA180 and the LIVEA180 Products, customizing your future shopping experience, improving the LIVEA180 Products and your shopping experience, and communicating with you.
Communications: We store the information contained in e-mails, text messages or any other type of electronic communications you send to us. When we send you an e-mail, text message or other electronic communication we often receive a confirmation that you received or accessed the communication. We also record and store online chat communications and telephonic communications.
Information from Other Sources: LIVEA180 receives information about you from other sources. Examples include information from credit companies, delivery companies and online marketing companies. For example, LIVEA180 receives updated delivery and address information from the delivery companies LIVEA180 uses, search term and search result information from some searches conducted through the Web search from online marketing companies; and credit history information from credit bureaus (used to detect fraud and to offer certain credit or financial services to some customers) and payment information from credit card companies.
A cookie is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. Cookies are designed to be a reliable mechanism for websites to remember useful information (such as items added in the shopping cart in an online store) or to record the user’s browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). Cookies may also be used to remember arbitrary pieces of information that the user previously entered. Such information often includes names, addresses, passwords, credit card numbers, and authentication codes identifying whether a user is logged in or not.
Most internet browsers allow users to turn cookies off. We recommend that you leave them turned on when you visit this site to have full access to LIVEA180’s Products made available to you. You will not be able to add items to your electronic shopping cart, proceed to place an order, or use any LIVEA180 Products that require you to log in if you disable cookies.
Information LIVEA180 Shares:
Information about our customers is an important part of our business, and we are not in the business of selling it to others. Except as set forth in paragraphs 1-5 below, you will receive notice from LIVEA180 before information about you is intentionally sent by LIVEA180 to third parties, and you will have a reasonable opportunity to choose not to share the information.
- Affiliates: In some cases, LIVEA180 provides services and sells products jointly with other businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
- Service Providers: LIVEA180 works with other companies to improve the customer experience. These other companies help us perform a variety of customer service functions including fulfilling orders, delivering packages, processing credit card payments, and providing customer service. These other companies also assist us with our advertising and marketing efforts including sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, and providing search results and links. We give these companies access to personal information needed to perform their functions. We restrict these other companies from using the personal information for purposes unrelated to LIVEA180.
- Advertising: LIVEA180 sometimes sends product offerings to select groups of customers on behalf of other businesses. LIVEA180 does not give such businesses customer names or addresses. We also allow customers to opt out of receiving such offers. To do so, log into the website and go to “Account Settings.”
- Business Transfers: In the unlikely event that substantially all assets of LIVEA180 (or a LIVEA180 product line) are acquired by another business, customer information will of course be one of the transferred assets.
We undertake reasonable efforts to secure the information you provide. For example, we work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. You must protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We are not responsible if someone gains access to your information due to your negligence or mistake. Likewise, we are not liable if someone otherwise gains access to your information despite our reasonable efforts to secure such information.
Access to Information:
LIVEA180 gives you access to certain information about your account and your interactions with LIVEA180 or the limited purpose of viewing and, in certain cases, updating that information. Such information includes recent orders; identification information including your name, e-mail address, and password; credit card information; and any profile or wish list information you have supplied.
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain LIVEA180 Products. If you do not want to receive e-mail or other mail from us, simply hit the “unsubscribe” button at the bottom of an e-mail from us and follow the instructions. Please login and adjust your advertising preferences if you do not want LIVEA180 to use personal information that we gather to allow third parties to personalize advertisements we display to you. Use the features of your internet browser to prevent your browser from accepting new cookies from LIVEA180 or to receive a notice generated by your browser whenever you receive a cookie from LIVEA180. Again, if you block LIVEA180’s cookies, you will not be able to add items to your electronic shopping cart, checkout, or use any LIVEA180 Products that require you to sign in.
LIVEA180 does not sell products for purchase by children via LIVEA180’s websites. If you are under 18, you may use LIVEA180’s websites only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.
Conditions of Use, Notices, and Revisions: