Thanks for visiting Living Well Nutraceuticals' web site at www.livingwellnutraceuticals.com ("Site"). This document (referred to herein as the "Agreement") describes the legal consequences of your use of the Site. Your use of the Site will be subject to all of the terms and conditions set forth in this Agreement, and applicable law. You should print a copy of this document for your records.
1. Parties to this Agreement
1.1 Living Well Nutraceuticals ("LWN") is a Nevada LLC. LWN is a business unit within a larger conglomerate of business entities and has relationships with other divisions, parent, subsidiary, and affiliated companies (each referred to as a "Related Company") and with other non-LWN service companies that provide services in connection with the Site (each referred to as a "Service Provider"). At times the Site may be hosted and operated, in whole or in part, by a Related Company or Service Provider, subject to LWN's oversight and control.
1.2 In this Agreement you may be referred to as "you" or "your" or "User" or "party" or by other words as may be applicable based on your use of the Site and/or your use of certain LWN products, software or services you access on the Site. For ease of reference, the word "Site" will mean the Site and all LWN products, software and services offered to Users on the Site. The word "Site" will not include other products, software and services offered on Linked Sites or by LWN advertisers or sponsors.
1.2.1 For purposes of this Agreement, the terms "you" and "your" and "User" and "party" and other applicable words that refer to a Site user, refer to the person who is controlling the operation and navigation of the computer that is the source of commands resulting in access to the Site. If a person is accessing the Site at the direction of another or is using another's computer to access the Site with computer owner's knowledge and consent, then the terms "you" and "your" and "User" and "party" will include both the person who is controlling the operation and navigation of the computer and the computer owner. For purposes of this Agreement, a computer owner's knowledge and consent may be shown by any method of proof and, in addition, will be deemed to have been proven when the owner's computer has been used for Manual Access or Automated Access as defined below.
1.2.2 A person (or all persons acting in concert) will be considered controlling the operation and navigation of the computer accessing the Site: when the person is manually controlling the computer via a keyboard, mouse or other input device ("Manual Access"); and, when a person has executed or otherwise authorized the execution of any form of code, script, routine, bot, web spider, indexers, robots, crawlers, harvesters, or any other program that automatically controls the operation and navigation of the computer accessing the Site without further User input ("Automated Access").
2. Scope of the Agreement
2.1 This Agreement will include all the provisions set forth in this document and all those documents that are referred to in this document as being part of this Agreement. The provisions in this document will be referred to as the "Basic Terms" of the Agreement. Other provisions may be included as part of this Agreement, depending on your use of the Site ("Other Terms"). Therefore, this Agreement will always include the Basic Terms, and in some cases, will include Other Terms which will be posted in other locations on the Site, where applicable, or otherwise made available to you.
2.2 If any Other Terms conflict with the Basic Terms, the Other Terms will override the Basic Terms, but only to the extent of the conflicting terms.
2.3 At times, LWN may amend the Basic Terms or the Other Terms or both. The amended terms will become effective and become part of this Agreement once they are posted to the Site. Your use of the Site after the amendments are posted to the Site will mean that you have accepted the amended form of the Agreement. Registered Users will be considered to have accepted any amendments if they remain Registered Users for a period of forty-eight (48) hours after the amended terms have been posted to the Site.
2.4 You will not have any right to amend this Agreement by sending LWN email or other documents purporting to amend this Agreement. Other documents exchanged between you and LWN will not be deemed to supersede or amend this Agreement unless the document expressly references this Agreement, is printed on paper and manually signed by you and LWN's authorized representative ("Modification"). The scope of any Modification will be limited to the provisions of this Agreement expressly addressed in the Modification, and all other provisions of this Agreement will remain in effect. Nothing in this provision will limit LWN's ability to amend this Agreement as described in provision 2.3 above.
3. Acceptance of Terms Through Use of the Site
3.1.1 If you are accessing the Site using Manual Access, you will be using the Site for purposes of accepting this Agreement once you have accessed the Site and either:
220.127.116.11 Register to use the Site. Each User that registers on the Site will be referred to in this Agreement as a "Registered User".
18.104.22.168 Actually use any LWN product, software, service available on the Site, whether you are a Registered User or not.
22.214.171.124 Remain on the Site for five consecutive minutes, or access the Site for any duration more than twice regardless of the duration of your access.
3.1.2 Your acceptance of this Agreement will occur immediately upon accessing the Site using Automated Access.
3.2 Your use of the Site will be deemed acceptance of the English language version of this Agreement, even if the Site provides an option to review (and you only review) the terms of this Agreement in a language other than English.
4. Unauthorized Users
4.1 Regardless of what sections 3.1 and 3.2 above say, you are not authorized to use the Site if:
4.1.1 You are not old enough to enter into, or are otherwise incapable of forming, a legally binding contract under the law specified in this Agreement.
4.1.2 You are prohibited by the laws of the United States, your residency, or the location where you are physically present when you are attempting to or are actually accessing the Site.
4.2 If you fall within the scope of provision 4.1 above, your use of the Site will not be deemed an acceptance of this Agreement and you will be deemed an unauthorized User ("Unauthorized User").
4.3 Unless expressly authorized in applicable Other Terms or a Modification, Automated Access to the Site under this Agreement is authorized solely for the purpose of gathering, updating and indexing information to be used in a legitimate web-based search engine such as Google, Yahoo and the like. Use of Automated Access to access the Site for any other purpose is unauthorized.
4.4 LWN expressly reserves the right to pursue Unauthorized Users as trespassers and/or as persons and/or entities that are intentionally interfering with LWN's contractual and business relations with its Users, its Site sponsors and its Site advertisers, and/or as persons who are wrongfully converting or otherwise stealing LWN's business assets and services. LWN reserves the right to pursue any and all legal, equitable, administrative and other remedies and recourses against all Unauthorized Users of the Site, including, all self-help remedies and, where applicable, criminal prosecutions (including prosecutions under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act and other applicable federal and/or state law), to block any Unauthorized User's access to the Site and otherwise protect LWN's rights and to recover all damages. Unless otherwise imposed by applicable law, neither LWN nor any of its Related Companies, Service Providers, Site sponsors or Site advertisers, will have any obligation to any Unauthorized User under this Agreement.
4.5 Users who begin using the Site in an authorized manner and later violate this Agreement will be deemed to have voluntarily forfeited or otherwise waived, to the extent permitted by law, all provisions of this Agreement, and will be deemed an Unauthorized User upon violation of this Agreement.
5.1 The Site is offered solely for the purpose of providing information. Information, comments, blogs and blog entries that may appear on or that are accessible through the Site, even those provided by accredited or licensed professionals, are not designed to meet the specific needs of any Site User and are not offered or intended for your specific use in dealing with a health situation, but merely as information about the particular topic. The Site is not designed and is not intended to provide advice for your specific health situation.
5.2 Unless expressly authorized in a Modification, you will only be able to access the Site via the web. You will be responsible for your access to the web, including all equipment and means of obtaining a connection to the web and for the payment of any service fees associated with such access. LWN will not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of your means of accessing the web.
5.3 LWN may, for any reason, in its sole discretion, delete, terminate or discontinue, change or suspend any aspect or part of the Site, including, but not limited to, content (LWN content and any User Contributed Content), features or hours of availability, without prior notice to you. LWN may also, without notice or penalty, impose limits on certain features of the Site, or restrict your access to all or any part of the Site, including, for example, your ability to transmit or store emails, postings, or other data. You understand that LWN's actions terminating or discontinuing, changing or suspending, or otherwise limiting your access to the Site may result in your inability to access information, including personal information, you may have stored on the Site.
6. Use of the Site and Site Blogs
6.1 You represent and warrant that you will use the Site only for its intended purposes, consistent with this Agreement, including all Basic Terms and all applicable Other Terms, and consistent with all laws that apply to your use of the Site.
6.2 You may be required to register on the Site to obtain access to or the benefit of certain functions or features of the Site. While registering you may need to provide information like your name, address, telephone number, email address and/or other information that identifies you. All registration information that you may provide on the Site must be truthful, accurate and current for as long as you remain a User.
6.3 The Site may allow certain Users to upload, post, publish, transmit, reproduce, distribute information, data and other material such as text, software, music and other audio, photographs, video and other graphics and images ("User Contributed Content") for display on the Site and to transmit, send, receive and otherwise share User Contributed Content with other Users through a "blog" or other means of exchanging User Contributed Content.
6.4 All Site blogs that may be offered on the Site will only be offered to allow Users to share opinions and to express views on the specific blog-related topics relevant to the Site. Although LWN understands that Users may at times comment upon commercial products or services, including a LWN or Related Company product or service, generally, unless otherwise expressly stated to the contrary on the Site blog, Site blogs are not intended to be used for "word-of-mouth" advertising or to otherwise promote or critique commercial products or services. With respect to Site blogs, in addition to all other provisions of this Agreement, you understand and agree that:
6.4.1 Unless otherwise expressly disclosed in any blog contribution, all blog contributions will be deemed to express the blog contributor's opinion on the topic of discussion and will not be attributable to LWN or any of its Related Companies or Service Providers.
6.4.2 All of your contributions to Site blogs will be governed by the provisions of this Agreement and will be User Contributed Content.
6.4.3 If you have a financial or regulatory interest in, or if you are paid or otherwise compensated directly or indirectly to promote or otherwise comment on, any product or service that is the subject of any blog topic ("Commercial or Regulatory Interest"), you must disclose in each of your contributions to such discussion your Commercial or Regulatory Interest, including whether you are paid to promote or compete against the product or service, or whether you are aligned with any governmental or non-profit organization with an interest in regulating the product or service.
6.5 You represent and warrant that, while using the Site, you will not:
6.5.1 Upload, post, publish, transmit, reproduce, distribute through the Site any material that violates any provision of this Agreement.
6.5.2 Restrict or inhibit any other User from using and enjoying the Site.
6.5.3 Act in a manner, or encourage conduct, that would constitute a criminal offense or give rise to civil liability.
6.5.4 Impersonate another or misrepresent your affiliation with any other person or entity.
6.5.5 Upload, post, publish, transmit, reproduce, distribute or in any way exploit any Site component, information or other material obtained through the Site, or any derivative works with respect thereto, for commercial purposes (other than as expressly permitted by the provider of such information or other material); nor provide access to the Site or any portion of the Site via your own web site or on behalf of another web site, without LWN's prior written consent, which LWN may withhold in its sole discretion.
6.5.6 Include in any of your User Contributed Content any endorsements, sponsored content, or other promotional or competitive materials or links to other web sites or resources that display, advertise, promote or otherwise publicize any product or service or competitive product or service, without the express prior written consent of LWN, which LWN may withhold in its sole discretion.
6.5.7 Engage in spamming or flooding the Site, nor use the Site for the purpose of spamming or flooding any other web site, internet service, person or entity.
6.5.8 Attempt to gain unauthorized access to the Site or any other computer systems through the Site.
6.6 You represent and warrant to LWN that all User Contributed Content that you upload, post, publish, transmit, reproduce, distribute or otherwise make available through the Site:
6.6. 1Is original to you and that no other party has any rights to the material.
6.6.2 Is free of any unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, hateful, explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature whether or not directed at another individual or group of individuals).
6.6.3 Is not invasive of another's privacy.
6.6.4 Does not contain a virus or other code or component that is or is intended to be harmful to the Site or another's computer or software.
6.6.5 Does not contain any advertising of any kind (unless otherwise expressly authorized in Other Terms applicable to your use), or false or misleading indications of origin or statements of fact.
6.7 LWN has no obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any User Contributed Content posted on or transmitted through the Site, and assumes no such obligation. Each User who posts or transmits through the Site any User Contributed Content will be solely responsible, to others and to LWN and its Related Companies and Service Providers, for all consequences resulting from the User's action. All Site Users will look solely to the original source of the User Contributed Content when seeking any form of legal or other remedy or relief based upon or arising from such User Contributed Content.
6.8 Although LWN has no obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any User Contributed Content, LWN retains the right to monitor the Site, including all blog services and User Contributed Content offered on or through the Site, and to disclose any information it deems necessary or appropriate, including information about you and your User Contributed Content and other use of the Site, to: satisfy any law, regulation or other governmental request; operate the Site properly; and to protect LWN's interests or the interests of LWN's Site Users. LWN reserves the right to refuse to post and to remove any User Contributed Content or other information or materials, in whole or in part, that, in LWN's sole discretion, are unacceptable, undesirable, inappropriate or in violation of any provision of this Agreement. LWN also reserves the right to suspend or terminate your use of the Site at any time, without prior notice to you, in LWN's sole discretion.
6.9 Although LWN has taken steps to secure the Site in a manner consistent with LWN's usual and customary security measures, and has reserved certain rights to monitor User activity on the Site and to remove materials from the Site, you understand that due to the nature of the Site and the open exchange of ideas and information exchanged on blogs and similar Site services, you may be exposed to comments and materials that you find to be primarily commercial in nature and/or otherwise offensive to you. You acknowledge that any such event will not constitute a breach of any LWN obligation under this Agreement.
7. License to LWN – User Contributed Content
7.1 You hereby grant to LWN a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to (a) use, reproduce, modify, edit, transform, adapt, publish, translate, create derivative works from, distribute, perform and display all User Contributed Content (in whole or part) that you submit to or through the Site, and/or (b) incorporate and exploit the same in other works in any form, media, or technology now known or later developed. You also warrant to LWN that any "moral rights" in such User Contributed Content have been waived. You understand that LWN may distribute or otherwise exploit your User Contributed Content on the Site and through its Related Companies and Service Providers, and may alter the format of your User Contributed Content to facilitate its transmission or other distribution over both private and public computer networks, including the web, and other electronic means of distribution.
7.2 You represent and warrant to LWN that you have the legal right and authority to grant to LWN the license described in provision 7.1 above. You agree to defend, indemnify and hold LWN, its Related Companies and Service Providers, and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or your placement or transmission of User Contributed Content on or through the Site.
7.3 You acknowledge that you are solely responsible for managing and protecting your rights in your User Contributed Content. LWN will have no obligation to manage or protect your rights in or to your User Contributed Content, including no obligation to protect your copyrights or trademarks or any other form of intellectual property you may own in your User Contributed Content or any other materials unless such obligation is expressly set forth in a Modification.
8 Intellectual Property Rights
8.1 As between you and LWN, LWN is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, including all User Contributed Content, advertisements and sponsorship materials, unless otherwise expressly indicated in this Agreement. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. You may not use the Site for any commercial purposes, except as expressly allowed in this Agreement or otherwise approved by LWN in a Modification. You may not download or save a copy of any of the content or screens for any purpose except as otherwise expressly allowed by this Agreement. With respect to certain Site pages or information of interest to you, you may print one (1) copy or save an electronic copy of such Site pages to your personal computer solely for your personal use or records. You will not remove or alter any intellectual property notices such as copyright and trademark notices from the Site or any Site materials you download or save. You will not print or save an electronic copy of the entire Site for any purpose without LWN's prior written consent. If you make any other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
8.2 LWN does not grant to any User, including any Registered User, any license or other authorization to use any LWN or Related Company trademarks, service marks, copyrightable material, or any other intellectual property, by including them on the Site. You will not use any form of mark in connection with any goods or services you may offer that is likely to cause confusion about the ownership of any mark owned by LWN, any Related Company, Service Provider, Site sponsor or Site advertiser.
8.3 LWN may from time to time make software available for downloading via the Site ("Software"). All Software will be made available solely for installation on your computer and subject to a non-exclusive, personal, worldwide, royalty-free, non-assignable license, and such other terms and conditions as may be specified in Other Terms applicable to the Software. By downloading a copy of any Software, you will not be acquiring any ownership interest in the Software or in any intellectual property rights in or to the Software, and thus you will not have any right to transfer, assign or otherwise encumber the Software. You understand that some Software, once installed on your computer, may automatically access the web to obtain and install Software updates which may include bug fixes, new or improved features and functions.
8.4 You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to LWN, any Related Company or Service Provider via the Site, may be used by LWN and its Related Companies in any manner without any notice, credit or other consideration to you.
9.1 LWN may sell or otherwise provide advertising space on the Site from time to time. You agree to allow LWN to work with advertisers or their agents to design specific advertisements or means of displaying specific advertisements to you based on your use of the Site and personal information you provide through the Site.
9.2 LWN reserves the right to stop, start or modify any advertising on the Site, as and when and how it deems appropriate, in its sole discretion, and without advance notice to you.
10 Links to Other Web Sites
10.1 You acknowledge that LWN has no responsibility for the accuracy or availability of information provided by web sites to which you may navigate via a link on the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with LWN of such sites or the content, products, advertising or other materials presented on Linked Sites. LWN does not author, edit, or monitor any Linked Sites. LWN is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on Linked Sites.
11 Assumption of Risk
11.1 YOU SHOULD NOT USE THE SITE OR ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE TO: DIAGNOSE OR TREAT ANY DISEASE; DETERMINE DIETARY OR NUTRITIONAL NEEDS; START, STOP, DEFER OR MIX YOUR USE OF DRUGS OR OTHER MEDICATIONS OF ANY KIND, PRESCRIPTION OR OTHERWISE; OR OTHERWISE EVALUATE OR ASSESS ANY OTHER HEALTH CONDITION OR SITUATION.
11.2 DO NOT RELY UPON THE INFORMATION ON THE SITE AS A SUBSTITUTE FOR ADVICE FROM YOUR PERSONAL LICENSED HEALTH CARE PROFESSIONAL. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS, NUTRITIONAL AND OTHER SUBSTANCES THAT MAY APPEAR ON THE SITE OR IN USER CONTRIBUTED CONTENT HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION UNLESS SPECIFICALLY SO STATED ON THIS SITE. SOME SUBSTANCES OFFERED FOR SALE ON OR THROUGH THE SITE MAY BE CLASSIFIED AS PRESCRIPTION DRUGS OR CONTROLLED OR CONTRABAND SUBSTANCES IN CERTAIN JURISDICTIONS. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS IN YOUR JURISDICTION, AND WILL NOT USE THE SITE TO PURCHASE OR ORDER ANY SUBSTANCES THAT WILL VIOLATE APPLICABLE LAW IN YOUR JURISDICTION.
11.3 You acknowledge that there are certain risks associated with your use of the Site, including, for example, the risk of the Site crashing and becoming unavailable, hackers and other causes of a security breach that may expose your access code and other personal information, inaccurate information being posted to the Site, whether in User Contributed Content or otherwise, and the like. In consideration of LWN providing the Site, and otherwise in consideration of this Agreement, YOU HEREBY EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE.
12 Exclusion of Warranties
12.1 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES SO THE FOLLOWING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
12.2 THE SITE AND ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LWN DOES NOT WARRANT THAT THE SITE OR THE SOFTWARE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LWN MAKES NO WARRANTY THAT THE SITE OR ANY SOFTWARE WILL MEET ANY USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LWN, ANY RELATED COMPANY OR SERVICE PROVIDER, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, ANY SOFTWARE OR ANY CONTENT OR FUNCTION RELATED THERETO, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND SOFTWARE.
13 Limitation of Liability
13.1 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOLLOWING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
13.2 IN NO EVENT SHALL LWN OR ANY RELATED COMPANY OR SERVICE PROVIDER, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (COLLECTIVELY THE "LWN PARTIES") BE LIABLE TO ANY USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT OR ANY SOFTWARE ON THE SITE, OR ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES. IN NO EVENT SHALL LWN PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR ANY SOFTWARE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ALL LWN PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE OR ANY SOFTWARE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO LWN FOR YOUR ACCESS TO OR USE OF THE SITE OR ANY SOFTWARE YOU DOWNLOAD FROM THE SITE.
13.3 IN NO EVENT SHALL ANY LWN PARTIES BE LIABLE TO YOU FOR ANYTHING EXPRESSED IN ANY SITE SPONSORSHIP OR ADVERTISING MATERIALS, WHETHER DISTRIBUTED TO YOU VIA THE SITE OR OTHERWISE.
13.4 THE ABOVE LIMITATIONS ON LIABILITY WILL APPLY EVEN IF LWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LWN respects the intellectual property rights of others, and requires that Users of the Site do the same.
15.1 Take Down Notice
16. If you believe that your work has been copied and is being used on or in connection with the Site in a way that constitutes infringement of your copyright, please forward the following information to the Copyright Agent named below:
17. Your address, telephone number, and e-mail address;
18. description of the copyrighted work that you claim has been infringed;
19. A description of where the alleged infringing material is located on the Site;
20. Your statement that you have a good faith belief that you have not authorized the disputed use and that it is not otherwise authorized or allowed by law;
21. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest in question; and
22. 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.
126.96.36.199.1 Copyright Agent Attn: Office Manager
188.8.131.52.4T: 1- 800-248-1068
184.108.40.206.5 This Site is operated by: Living Well Nutraceuticals
23. To be effective, your notice of claim must comply with the DMCA requirements. You are encouraged to review the requirements (see 17 U.S.C. Sec. 512(c)(3)) before sending your claim.
24. If material that you have posted to the Site has been taken down due to LWN's receipt of a take down notice, you may file a counter-notification by submitting the following details to LWN's Copyright Agent identified above: (a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (b) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; (c) your name, address and telephone number; (d) a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which LWN may be found and that you will accept service of process from the person who provided the take down notice; and (e) your physical or electronic signature.
25. To be effective, your counter-notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review the requirements (see 17 U.S.C. Sec. 512(g)(3)) before sending your claim.
26.1 Either you or LWN may terminate your access to the Site in accordance with the following termination provisions.
26.2 You may terminate your access by sending written notice of termination to LWN at LWN's address specified in provision 15 of this Agreement. If there is an option to notify LWN of termination of your access via the Site, you may also give LWN your notice of termination via the Site or as otherwise specified on the Site.
26.3 LWN may terminate your access to the Site without prior notice to you:
26.3.1 If you breach any provision of this Agreement.
26.3.2 If termination is required by law. LWN may exercise its sole discretion in determining whether it is required by law to terminate this Agreement with you, both in view of existing or new law, and whether such law originates from the United States or elsewhere.
26.3.3 If for any reason LWN elects to cease publishing the Site or any portion of the Site that you happen to use.
26.4 Termination of your access to the Site for any reason will be deemed to terminate the parties' relationship on a going-forward basis but will not release either party from their respective obligations under the Agreement relating to your access to the Site prior to termination. For example, your license to LWN and your warranties and representations concerning User Contributed Content, the limitations on your use of any Software and any other material you may have downloaded from the Site, LWN's exclusion of warranties, limitations on liability, and confidentiality provisions will all remain in full force and effect. If LWN terminates your access to the Site for cause, your use of the Site after the effective date of termination will be unauthorized and you will be an Unauthorized User.
27 Applicable Law, Jurisdiction and Venue
27.1 This Agreement and the relationship between you and LWN shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions. You and LWN agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Navada, County of Clark. You and LWN agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County in the State of Navada, provided that LWN retains the right to seek injunctive remedies, or other prompt legal or equitable remedies, in any jurisdiction.
27.2 LWN's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
27.3 Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after your claim or cause of action arose or it will be forever barred everywhere throughout the world.
27.4 LWN controls and operates this Site from LWN offices in the United States of America. LWN does not represent that materials on the Site are appropriate or available for use in accordance with the law of other locations. If you choose to access this Site from other locations you do so at your own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable.
28 Additional Provisions
28.1 You authorize LWN to send you notices via email, regular mail or via postings to the Site.
28.2 If any court authorized to make legally binding decisions with respect to this Agreement determines that any provision of this Agreement is unenforceable, then the parties agree to amend the unenforceable provision to the extent necessary to make it enforceable provided that it is still generally consistent with the intent of the original language; otherwise, the provision will be severed from this Agreement, and all other provisions of this Agreement will remain enforceable.
28.3 Both parties intend to bestow solely upon each Related Company, and no other third party, the status of third party beneficiary of this Agreement, and each Related Company will have the right, as a third party beneficiary, to directly enforce against any User all provisions of this Agreement that benefit the Related Company.