Our Terms of Use
PLEASE READ THESE TERMS OF USE THOROUGHLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS LAID OUT HEREIN AND BY ALL TERMS, POLICIES AND STANDARDS INTEGRATED BY RECOMMENDATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ENGAGE WITH THIS SITE.
These terms of usage (“website terms”) apply to your use of this site (the “site”). They do not modify in any way the terms or conditions of any other arrangement you may have with us, our parent company or our affiliates. By using this site, you represent and confirm that you are over the age of 18 and are legally able to accept these website terms. If you are utilizing the website on behalf of any entity, you further represent and confirm that you are licensed to accept these site terms on such entity’s behalf, and that such entity consents to indemnify us for violations of these website terms.
Privacy Policy
At Living Well Oils we are devoted to securing your privacy. Please refer to our personal privacy policy for details on how we collect, utilize and reveal individual information.
Ownership of the Website and its Contents
Unless otherwise suggested, all of the content included or showed on this site, consisting of, however not restricted to, text, graphics, information, photographic images, moving images, sound, illustrations, software, and the selection and layout thereof (our content), is owned by us, our licensors, or our 3rd-party image partners.
All elements of the site, including the content, are secured by copyright, trade dress, ethical rights, trademark and other laws connecting to the defense of intellectual property.
Usage of the Site
This website and the content are intended for our customers. You may not use this site or the material for any purpose unrelated to your organization with us. You are specifically prohibited from (a) downloading, copying, or re-transmitting any or all of the website or the content without, or in violation of, a written license or arrangement with us. (b) utilizing any data mining, robots or comparable information gathering or extraction techniques. (c) controling or otherwise showing the site or the content by utilizing framing or similar navigational technology. (d) registering, subscribing, unsubscribing, or trying to sign up, subscribe, or unsubscribe any party for any of our service or products if you are not specifically licensed by such party to do so. (e) using the site or the content other than for its intended purpose. Such unapproved usage may break not only our terms of use, but also relevant laws including without constraint copyright and trademark laws, the laws of personal privacy and promotion, and suitable communications policies and statutes.
You represent and warrant that you will abide by all relevant laws and guidelines, consisting of, without restriction, those associating with the internet, data, e-mail, personal privacy, and the transmission of technical data exported from the United States, Canada or the country in which you live.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other appropriate laws, we have actually adopted a policy of terminating, in proper scenarios and at our sole discretion, account holders who infringe our or any third-party intellectual property rights. (Wikipedia: Digital Millennium Copyright Act).
Copyright Grievances
If you believe that any product on the website infringes upon any copyright that you own or manage, you might submit a notification of such infringement with us. We may provide notice of a claim of copyright infringement by means of a general notification on the site, e-mail to a user’s e-mail address, or by written communication sent out by mail to a user’s mailing address.
Trademarks
Our trademarks, logo, and any other product or service name or slogan included in the website are our or our suppliers’ or licensors’ trademarks. They may not be copied, imitated or used, in their entirety or in part, without our previous written consent or that of the relevant trademark holder. You might not utilize meta tags or any other “covert text” utilizing our name or any other name, trademark or item or service name of ours without our prior written consent. In addition, the look and feel of the site, consisting of all page headers, customized graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or utilized, in its entirety or in part, without our previous written permission. All other trademarks, registered trademarks, item names and business names or logo designs discussed on the website are the property of their particular owners. Reference to any products, services, procedures or other info, by brand name, trademark, manufacturer, supplier or otherwise does not constitute or suggest recommendation, sponsorship or suggestion thereof by us.
Links
You may not utilize our logo or other proprietary graphics of ours to connect to this site without our express composed consent. Further, you might not frame any of our hallmarks, logos or other proprietary details, including the material, without our composed permission.
We make no claim or representation relating to, and we accept no obligation for, directly or indirectly, the quality, content, nature or dependability of third-party websites accessible by hyperlink from the website, or sites linking to the site. Such websites are not under our control and we are not accountable for the contents of any linked website or any link contained in a linked site, or any review, changes or updates to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not indicate association, recommendation or adoption by us of any site or any details contained therein. When you leave the website, you should understand that our terms of usage and policies no longer govern. You should review the applicable terms of use and policies, including personal privacy and data gathering practices, of any website to which you navigate from the site.
Your participation, correspondence or organization negotiations with any third-party discovered on or through the site, regarding the payment and shipment of associated items or services, and any other terms, conditions, guarantees or representations associated with such negotiations, are exclusively between you and such third-party. You concur that we will not be responsible or accountable for any loss, damage or other matters of any sort sustained as the outcome of any such negotiations.
Online Forums and Other Interactive Solutions or Locations
The website may include conversation forums or other interactive locations or services, including blog sites, chat spaces, bulletin boards, message boards, online hosting or storage services, or other locations or services in which you or 3rd-parties produce, publish or store any material, messages, comments, products or other items on the site (“interactive locations”). You are solely responsible for your use of such interactive areas and utilize them at your own risk. By utilizing any interactive areas, you agree not to publish, upload, send, distribute, store, produce or otherwise publish through the site any of the following:
a. Any message, remark, information, information, text, music, sound, pictures, graphics, code or other product (“user content”) that is unlawful, libellous, defamatory, obscene, adult, damaging to minors, indecent, raunchy, suggestive, bothering, threatening, intrusive of personal privacy or publicity rights, violent, inflammatory, fraudulent or otherwise objectionable.
b. User content that would constitute, motivate or offer instructions for a criminal offence, violate the rights of any party, or that would otherwise develop liability or breach any local, state, country or global law, consisting of, without limitation, the guidelines of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
c. User material that may infringe any patent, trademark, trade, copyright or other copyright or agreement right of any party. By publishing any user content, you represent and require that you have the lawful right to transfer, distribute and replicate such user content.
d. User material that impersonates anybody or entity or otherwise misrepresents your affiliation with an individual or entity.
e. Unsolicited promotions, political marketing, advertising, junk mail, spam, chain letters, pyramid plans or solicitations.
f. Private info of any 3rd-party, consisting of, without limitation, addresses, telephone numbers, email addresses, Social Security numbers and credit card numbers.
g. Viruses, corrupted data or other hazardous, disruptive or destructive files.
h. User material that, in our sole judgment, is objectionable or which restricts or hinders any other person from utilizing or taking pleasure in the interactive locations or the website, or which negatively impacts the accessibility of its resources to other users (e.g., excessive shouting, usage of all capital letters, or flooding constant publishing of repeated text), or which may expose us or our users to any harm or liability of any type.
Even more, you concur not to erase or revise any user content published by any 3rd-party. We take no responsibility and presume no liability for any user material published, kept or uploaded by you or any 3rd-party, or for any loss or damage thereto. Nor are we accountable for any errors, defamation, slander, libel, omissions, fallacies, profanity, pornography or obscenity you may encounter. Your use of interactive areas is at your own risk. As a service provider of interactive services, we are not accountable for any declarations, representations or user material provided by our users in any public online forum, personal web page or other interactive areas. Although we have no obligation to screen, modify or keep track of any of the user content posted in any interactive area, we reserve the right and have outright discretion, to eliminate, screen or edit any user material published or saved on the website at any time and for any factor without notification. You are entirely responsible for producing backup copies of and replacing any user content you post or keep on the site at your sole cost and expenditure. Any use of the interactive areas or other parts of the site in infraction of the foregoing violates these site terms and may lead to, to name a few things, termination or suspension of your rights to use the interactive areas and/or the website. You acknowledge and concur that we might access, use or divulge any info about you or your usage of this site, including without constraint any user content to adhere to the law or any legal procedure; secure and protect our rights or property; or to safeguard the safety of our business, employees, customers or the general public.
If you post user content to the website, unless we indicate otherwise, you approve us and our affiliates a non-exclusive, royalty-free, continuous, irrevocable and fully sub-licensable right to use, replicate, customize, adjust, release, translate, develop acquired works from, disperse, perform and display such user content throughout the world in any media. You give us and our affiliates and sub-licensees the right to utilize the name that you send in connection with such content if they decide. You represent and require that (a) you own and manage all of the rights to the user content that you publish or you otherwise can post such user content to the site; (b) the user material is precise and not deceiving; (c) usage and publishing of the user material you provide does not breach these site terms and will not violate any rights of or trigger injury to anybody or entity.
Registration Data and Account Security
In consideration of your use of the site, you consent to (a) provide precise, current and total info about you as might be triggered by any registration types on the site (“registration information”). (b) preserve and immediately upgrade the registration information, and any other details you supply to our business, to keep it precise, current and complete. (c) keep the security of your password and identification. (d) inform us immediately of any unapproved usage of your account or other breaches of security. (e) accept all obligation for any and all activities that take place under your account. (f) accept all dangers of unauthorized access to the registration information and any other details you offer to us.
Indemnification
You accept to safeguard, indemnify and hold us safe, in addition to our subsidiaries, affiliates, licensors, staff, representatives, third-party info suppliers and independent contractors against any claims, damages, expenses, liabilities and expenses (consisting of, but not limited to, lawyers’ charges) developing out of or associated to any user material that you post, store or otherwise transmit on or through the website, your conduct, your use or inability to utilize the site, your breach or declared breach of the site terms or of any representation or service warranty included herein your unauthorized usage of the content, or your infraction of any rights of another.
Disclaimer
THIS WEBSITE AND THE MATERIAL ARE OFFERED “AS IS” AND WE AND OUR DIRECTORS, STAFF, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR SUGGESTED, INCLUDING, WITHOUT RESTRICTION, ANY IMPLIED GUARANTEES OF MERCHANTABILITY, ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MAKING USE OF THIS WEBSITE OR THE MATERIAL, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST EARNINGS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE PRODUCTS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE WHOLE COST OF ALL NEEDED MAINTENANCE, REPAIR OR CORRECTION CHARGE TO YOUR USE OF THIS WEBSITE OR THE CONTENT. WE MAKE NO GUARANTEE THAT THE WEBSITE OR THE CONTENT IS DEVOID OF INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS.
We utilize sensible efforts to ensure the precision, accuracy and dependability of the material, however we make no representations or service warranties regarding the material’s accuracy, correctness or reliability.
We provide a search function on the website. We clearly disclaim any responsibility for the content or availability of details consisted of in our search index or directory site. We also disclaim any obligation for the completeness or accuracy of any directory site or search result.
Some countries do not allow the exemption or restriction of indicated warranties or liability for particular classifications of damages. Therefore, some or all of the constraints above might not use to you to the degree they are forbidden or superseded by state or nationwide provisions.
Restriction of Liability
IN NO OCCASION SHALL WE, OUR DIRECTORS, MEMBERS, STAFF OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLECT) OR OTHERWISE, ARISING OUT OF OR IN ANY METHOD CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS INCLUDED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT CONSTRAINT ANY DAMAGES CAUSED BY OR RESULTING FROM DEPENDENCE BY USER ON ANY DETAILS RECEIVED FROM US, OR THAT ARISE FROM MISTAKES, OMISSIONS, DISTURBANCES, REMOVAL OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF EFFICIENCY, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DAMAGE OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL WE AGGREGATE LIABILITY, WHETHER IN CONTRACT, GUARANTEE, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO Making Use Of THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USAGE OF THE SITE.
Appropriate Law and Place
Any dispute relating in any method to your usage of the site or the material shall be submitted to confidential arbitration in Elmira, Ontario, Canada, other than that, to the extent you have in any manner breached or threatened to break our intellectual property rights, we might seek injunctive or other appropriate relief in any state/provincial or federal court in Ontario, and you grant exclusive jurisdiction and venue in such courts. To the maximum degree permitted by applicable law, no arbitration under this agreement will be joined to an arbitration involving any other party subject to the website terms, whether through class arbitration proceedings or otherwise.
Termination
Regardless of any of these website terms, we reserve the right, without notification and in our sole discretion, to end your account and/or to obstruct your use of the site.
Miscellaneous Provisions
Any waiver of any provision of the website terms will be effective only if in written format and signed by us. If any stipulation in these website terms is discovered to be unenforceable, wherever possible this will not affect any other provision and each will stay {in full force and effect. Any rights not specifically given herein are reserved.
Changes to The Terms of Use
We reserve the right to alter any of the terms included in the site terms or any policy or standard of the site, at any time and at our sole discretion. We motivate you to evaluate the website terms whenever you visit one of our sites.
