Effective Date: [July 18, 2024]
Thank you for visiting LongHealthyLiving.com We are pleased to provide you with our content and services and appreciate your patronage. Before you engage with our website, we encourage you to read these Terms and Conditions, so you know what to expect when visiting and engaging with our various properties.
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND LONG HEALTHY LIVING LLC (“COMPANY,” “WE,” OR “US”).
By accessing or using any website with an authorized link to this Agreement (each a “Website”), registering an account, or accessing or using any content, information, services, features, or resources available or enabled via the Website (collectively with the Website, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement you may not access or use the Services.
Your use of the Services is also subject to any additional terms, terms of use, conditions, and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement.
The Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.
1. REGISTRATION AND ACCOUNTS
1.1 Registration Data: By registering for an account to use any of the Services, you agree to provide accurate, current, and complete information (the “Registration Data”). You further agree to promptly update your Registration Data as necessary to ensure it remains accurate, including but not limited to changes to your name, email address, or postal address. You acknowledge and agree that you are prohibited from registering for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by the Company. Additionally, you agree that you will not register or maintain more than one Account for the same Company service at any given time.
You are solely responsible for all activities that occur under your Account. You agree to maintain the confidentiality of your Account and password and not to share them with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of security related to your Account. The Company will not be liable for any loss or damage arising from your failure to comply with these obligations.
1.2 Subscriptions: If you subscribe to a Company publication or other Service that involves a recurring charge, you agree to provide and maintain accurate and current payment account and contact information for the entire duration of the subscription. This ensures that we can continuously deliver and bill you for the subscription without any interruption. If we are unable to process a charge to your selected payment method, you explicitly acknowledge and agree that we are authorized to update your payment information through your issuing bank and card association networks without further notice to you.
Subscriptions purchased through the Services are unequivocally governed by the terms of the subscription offer in effect at the time of enrollment. Unless expressly stated otherwise, these terms are incorporated by reference into this Agreement and are binding upon you without exception.
1.3 Sponsored/Affiliate Content: Certain portions of the Services may include content containing links to third-party websites. The Company may receive compensation from the operators of these third-party websites for your clicks or purchases made on those sites. By clicking on these links, you explicitly acknowledge and agree that you are leaving the Company’s Property and visiting a website that is not controlled or endorsed by the Company. The Company is not responsible for and makes no representations regarding the content, security, or practices of any third-party websites.
1.4 Lead Generation: Certain portions of the Services may provide you with the opportunity to be contacted by third-party suppliers and others to obtain particular services. By providing your contact information in connection with these Services, you explicitly understand and consent to be contacted by these third parties using the contact information you provide. You further acknowledge and agree that the Company shall have no responsibility or liability whatsoever in connection with any products, work estimates, or the provision of services by these third parties. This disclaimer of responsibility and liability is absolute and applies without exception.
1.5 Sweepstakes and Contests: All sweepstakes, contests, and other promotions conducted on or through the Services will be strictly governed by the official rules applicable to that promotion. Unless expressly stated otherwise, these rules are incorporated by reference into this Agreement and are binding upon you. You acknowledge and agree that participation in any sweepstakes, contest, or promotion is subject to these rules without exception.
1.6 Removal of Accounts: The Company reserves the absolute right to remove or reclaim any usernames at any time and for any reason, without notice. You explicitly acknowledge and agree that you have no ownership or other property interest in your Account, and that all rights in and to your Account are exclusively owned by the Company. This policy is binding and applies without exception.
1.7 Company’s Privacy Policy: The Company’s information collection and use policies with respect to the privacy of the Registration Data and any other data provided by you or collected by the Company are set forth in the Company’s Privacy Policy. The Privacy Policy is incorporated herein by reference into this Agreement and is binding upon you without exception.
2. USER CONTENT
2.1 Responsible Party for Content: You understand, acknowledge, and agree that all user-generated content posted, displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that they make available through the Services, or otherwise provide to the Company, whether online or offline, and whether or not solicited by the Company (“User Content”). User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to the Company.The Company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, the Company reserves the absolute right, in its sole discretion, to pre-screen, review, refuse, or remove any content without prior notice. The Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by the Company, without exception.The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Agreement, the Company’s policies, or applicable law. This policy is binding and applies without exception.
2.2 Ownership of Your Content: The Company does not claim ownership of any User Content you make available on the Services (“Your Content”). However, by posting or publishing Your Content on or in the Services, you represent and warrant that you have all of the necessary rights to grant the Company the license set forth in Section 2.3. You explicitly acknowledge and agree that, except with respect to Your Content, you have no right, title, or interest in or to any other content that appears on or in the Services. This acknowledgment and agreement are binding and apply without exception.
2.3 License to Your Content: Subject to any applicable Account settings that you select or any license agreement you may be asked to agree to when posting or submitting Your Content on or through the Services, you grant the Company, its agent(s), supplier(s), and anyone else authorized by the Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, create derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. This grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, those under copyright, trademark, trade secret, patent, or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in Your Content. In connection with the exercise of these rights, you grant the Company, and anyone authorized by the Company, the right to identify you as the author of Your Content by name, email address, or username, as the Company deems appropriate. You will not receive any compensation of any kind for the use of Your Content. Other Users may search for, view, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Therefore, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.
2.4 Ratings and Reviews: Ratings and reviews posted by Users on our Services are considered User Content and are not endorsed by the Company, nor do they represent the views of the Company. To the fullest extent permitted by law, the Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews.
Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree to the following without exception:
(a) You will base any rating or review you post solely on your actual, first-hand experience with the applicable business, product, or service; (b) You will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership, or other economic interest, employment relationship, or any other affiliation; (c) You will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) Your review will comply with the terms of this Agreement.
If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violates the terms or spirit of this Agreement, we reserve the absolute right to exclude, prohibit, or remove such User Content at our sole discretion without notice. This policy is binding and applies without exception.
2.5 Other Restrictions on User Conduct: You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not, and shall not permit any third party to:
(a) Take any action or (b) Make available any content on or through the Services that:
(i) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; (ii) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) Involves commercial activities and/or sales without the Company’s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) Impersonates any person or entity, including any employee or representative of the Company, or misrepresents your affiliation with any other person or entity; or (vi) Violates any other rules or regulations that we may post in connection with a particular feature of the Services.
You alone are responsible for the content and consequences of any of your activities.
2.6 No Endorsement
Certain links on the Website may lead to websites maintained by third parties over which LongHealthyLiving has no control. LongHealthyLiving does not endorse the content, products, or services available on such third-party websites. You acknowledge and agree that LongHealthyLiving is not responsible or liable for the content, accuracy, legality, availability, or any other aspect of these third-party websites. By clicking on these links, you explicitly acknowledge and agree that you are leaving the LongHealthyLiving Website and accessing a site that is not controlled by LongHealthyLiving. The inclusion of any such link on our Website does not imply endorsement or approval by LongHealthyLiving of the linked website or any association with its operators.
2.7 Testimonials Disclaimer
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, these experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. LongHealthyLiving does not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary. By reading or otherwise using these testimonials, you explicitly acknowledge and agree that the testimonials are individual results which may not reflect your own experience.
3. OWNERSHIP OF AND LICENSE TO USE COMPANY SERVICES
3.1 Use of the Services: Except with respect to User Content, the Company and its suppliers own or are licensees of all rights, title, and interest necessary for the provision of the Services. The Services are protected by copyright and other intellectual property laws worldwide. Subject to this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to use the Services solely for your personal, non-commercial purposes. Any future release, update, or other addition to the Services shall be subject to this Agreement. The Company, its suppliers, and service providers reserve all rights not expressly granted in this Agreement.
3.2 Trademarks: The Company’s stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of the Company and may not be used without the Company’s explicit permission in connection with any third-party products or services. Other trademarks, logos, service marks, and trade names that may appear on or in the Services are the property of their respective owners. You agree not to remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
3.3 Restrictions on Use of Services: You agree not to do any of the following:
(a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; (b) Frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout, or form) of the Company; (c) Use any meta-tags or other “hidden text” using the Company’s name or trademarks; (d) Modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) Use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape,” harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) Use any data from the Services for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system); (g) Access the Services to build a similar or competitive website, application, or service; (h) Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services in any form or by any means; (i) Remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights; (j) Use the Services in violation of any applicable law; (k) Attempt to gain unauthorized access to other computer systems through the Services; (l) Interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (m) Attempt to harm our Services or use the Services in a manner that could interfere with any party’s use or enjoyment of the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with the use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
Any unauthorized use of the Services immediately terminates the licenses granted by the Company pursuant to this Agreement.
3.4 Third-Party Links: The Services may contain links to third-party services, including third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you are about to leave or have left the Services. The Company does not control and is not responsible for Third-Party Links. The Company provides these Third-Party Links solely as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at your own risk.
4. INDEMNIFICATION AND LIMITATION OF LIABILITY
4.1 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) The violation of the rights of any third party, including intellectual property rights, by Your Content; (b) Your misuse of the Services; (c) Your violation of this Agreement; (d) Your violation of any rights of another party, including any Users; or (e) Your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you agree to fully cooperate with the Company in asserting any available defenses. This indemnification obligation will survive the termination of this Agreement and your use of the Services. You agree that your indemnification obligations apply regardless of any action or inaction by the Company.
4.2 Disclaimer of Warranties and Conditions: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS.
THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, TO THE EXTENT THAT ANY DISCLAIMER, EXCLUSION, OR LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER, EXCLUSION, OR LIMITATION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER OF WARRANTIES AND CONDITIONS IS ABSOLUTE AND APPLIES WITHOUT EXCEPTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
4.3 Disclaimer of Certain Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR PRODUCTS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WITHOUT EXCEPTION TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE PROVIDING ACCESS TO THE SERVICES IN RELIANCE ON THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH HEREIN, AND THAT THESE LIMITATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. WITHOUT THESE LIMITATIONS, THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS.
THIS DISCLAIMER OF CERTAIN DAMAGES IS ABSOLUTE AND APPLIES WITHOUT EXCEPTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS, OR EMPLOYEES SHALL CREATE ANY ADDITIONAL WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS DISCLAIMER.
4.4 Cap on Liability: UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS IN ANY FORM, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THIS LIMITATION IS COMPREHENSIVE AND APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR PRODUCTS PROVIDED BY THE COMPANY PARTIES, INCLUDING WITHOUT LIMITATION ANY CLAIMS ARISING OUT OF OR RELATING TO WARRANTY CLAIMS, BREACH OF CONTRACT CLAIMS, NEGLIGENCE CLAIMS, STRICT LIABILITY CLAIMS, PRODUCT LIABILITY CLAIMS, OR ANY OTHER CLAIMS BASED ON ANY LEGAL THEORY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES ARE PROVIDING ACCESS TO THE SERVICES IN RELIANCE ON THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH HEREIN, AND THAT THESE LIMITATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. WITHOUT THESE LIMITATIONS, THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS.
THIS CAP ON LIABILITY IS ABSOLUTE AND APPLIES WITHOUT EXCEPTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS, OR EMPLOYEES SHALL CREATE ANY ADDITIONAL WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS CAP ON LIABILITY.
4.5 Basis of the Bargain: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES. THESE LIMITATIONS OF DAMAGES ARE ESSENTIAL TO THE AGREEMENT REACHED BETWEEN THE PARTIES AND FORM A CRUCIAL PART OF THE CONSIDERATION EXCHANGED HEREUNDER.
YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THESE LIMITATIONS, THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT AND THE COMPANY WOULD NOT BE ABLE TO OFFER THE SERVICES ON AN ECONOMICALLY FEASIBLE BASIS. THE LIMITATIONS ON DAMAGES AND REMEDIES PROVIDED HEREIN REPRESENT A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE REFLECTIVE OF THE NATURE OF THE SERVICES PROVIDED AND THE AMOUNT OF FEES, IF ANY, PAID BY YOU FOR SUCH SERVICES. YOU EXPRESSLY AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THIS BASIS OF THE BARGAIN CLAUSE IS ABSOLUTE AND ALL-ENCOMPASSING, LEAVING NO ROOM FOR EXCEPTIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS, OR EMPLOYEES SHALL CREATE ANY ADDITIONAL WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS BASIS OF THE BARGAIN CLAUSE.
BY CONTINUING TO USE THE SERVICES, YOU EXPRESSLY CONSENT TO AND ACKNOWLEDGE THE FAIRNESS OF THESE LIMITATIONS AND ACCEPT THEM AS A CONDITION OF YOUR USE OF THE SERVICES.
4.6 Exclusions: THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.HOWEVER, IT IS YOUR RESPONSIBILITY TO BE AWARE OF AND UNDERSTAND THESE LEGAL RIGHTS. BY CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PROVISION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES AGAINST ANY CLAIMS ARISING FROM YOUR MISUNDERSTANDING OR MISINTERPRETATION OF YOUR LEGAL RIGHTS UNDER SUCH STATE LAWS. IN THE EVENT THAT ANY DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF DAMAGES ARE DEEMED UNENFORCEABLE BY A COMPETENT LEGAL AUTHORITY, SUCH PROVISIONS SHALL BE CONSTRUED, TO THE MAXIMUM EXTENT PERMISSIBLE, TO GIVE EFFECT TO THE INTENTIONS OF THE PARTIES AS REFLECTED IN THE ORIGINAL LANGUAGE, AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. NOTWITHSTANDING THE FOREGOING, THE COMPANY PARTIES RESERVE ALL RIGHTS, DEFENSES, AND LEGAL JUSTIFICATIONS TO LIMIT OR EXCLUDE LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION IS INTENDED TO PROVIDE MAXIMUM LEGAL PROTECTION FOR THE COMPANY PARTIES WHILE RECOGNIZING YOUR POTENTIAL LEGAL RIGHTS UNDER STATE LAW.
BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS CLAUSE AND AGREE THAT IT IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES. YOU FURTHER AGREE THAT THIS CLAUSE REPRESENTS A FAIR ALLOCATION OF RISK AND IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.
4.7 Survival: YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THIS AGREEMENT, OR YOUR ACCESS TO THE SERVICES.
THIS SURVIVAL CLAUSE ENSURES THAT ALL RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES OUTLINED HEREIN REMAIN ENFORCEABLE BEYOND THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THIS AGREEMENT, OR YOUR ACCESS TO THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, INDEMNIFICATION OBLIGATIONS, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND ANY OTHER PROVISIONS THAT, BY THEIR NATURE, ARE INTENDED TO SURVIVE SUCH TERMINATION OR EXPIRATION. IN THE EVENT OF ANY TERMINATION, YOU AGREE THAT YOU WILL CONTINUE TO BE BOUND BY THESE PROVISIONS AND THAT THE COMPANY RETAINS THE RIGHT TO ENFORCE THESE TERMS AGAINST YOU. THIS INCLUDES PURSUING ANY LEGAL REMEDIES AVAILABLE FOR ANY VIOLATIONS OF THE AGREEMENT THAT OCCURRED PRIOR TO OR AFTER TERMINATION. THE CONTINUATION OF THESE PROVISIONS IS CRUCIAL TO PROTECTING THE COMPANY’S INTERESTS, ENSURING COMPLIANCE WITH LEGAL OBLIGATIONS, AND PRESERVING THE RIGHTS AND REMEDIES OF BOTH PARTIES AS SET FORTH IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SURVIVAL OF THESE PROVISIONS IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. WITHOUT THIS SURVIVAL CLAUSE, THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT OR PROVIDED YOU WITH ACCESS TO THE SERVICES. BY CONTINUING TO USE THE SERVICES, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS SURVIVAL CLAUSE AND AGREE THAT IT IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES. YOU FURTHER AGREE THAT THIS CLAUSE REPRESENTS A FAIR ALLOCATION OF RISK AND IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.
5. GENERAL PROVISIONS
5.1 Disclaimer: The information available through the Services is provided solely for informational purposes on an “as is” basis at the user’s sole risk. The Company makes no guarantees as to the accuracy, quality, or completeness of the information and shall not be responsible or liable for any errors, omissions, or inaccuracies in the information, or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for their personal use. The Company provides this information without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the information will be free from errors, inaccuracies, or omissions. By using the Services, you acknowledge and agree that any reliance on the information provided is at your own risk. It is your responsibility to independently verify the information’s suitability for your particular needs and circumstances. The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of, or reliance on, the information provided through the Services. This disclaimer is a fundamental element of the basis of the bargain between you and the Company. Without this disclaimer, the Company would not provide the information through the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by this disclaimer.
5.2 Termination: At its sole discretion, the Company may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress.
5.3 Procedure for Making Claims of Copyright Infringement: If you believe content posted on the Services infringes your copyright rights, you must provide our Copyright Agent with the following information to the fullest extent permitted by law:
(1)Electronic or Physical Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. (2)Description of Copyrighted Work: A description of the copyrighted work that you claim has been infringed. (3)Location of Infringing Material: A description of the location on the Services of the material that you claim is infringing.(4) Contact Information: Your address, telephone number, and e-mail address. (5) Good Faith Statement: A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Accuracy and Authorization Statement: 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.
Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to:
Long Healthy Living LLC, Attn: General Counsel by email to hello@longhealthyliving.com.
The Company maintains a policy to terminate, in appropriate circumstances, the Service use privileges of all repeat infringers of copyright rights.
5.4 Electronic Communications: The communications between you and the Company use electronic means, whether you visit the Services or send the Company e-mails, or whether the Company posts notices on the Services or communicates with you via e-mail. To the fullest extent permitted by law, you agree to the following for contractual purposes (1)Consent to Electronic Communications: You consent to receive communications from the Company in an electronic form. (2) Legal Effect of Electronic Communications: You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Company provides to you electronically will have the same legal effect as if they were set forth in “writing.”
The foregoing does not affect your statutory rights.
5.5 Notice: Where the Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address: Long Healthy Living LLC, Attn: General Counsel, hello@longhealthyliving.com. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
5.6 Governing Law and Exclusive Venue: This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of [California], without giving effect to any conflict of law principles that would require the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. To the fullest extent permitted by applicable law, both you and the Company agree that all claims and disputes arising out of or relating to this Agreement, or the breach thereof, shall be litigated exclusively in the state courts located in [Los Angeles County], [California] or in the federal courts within the [Central District of California]. By entering into this Agreement, you irrevocably consent to the personal jurisdiction and venue of these courts and waive any objections to the exercise of jurisdiction by these courts.
5.7 International Users: The Services are controlled and operated by the Company from its facilities in the United States of America. The Company makes no representations or warranties that the Services are appropriate or available for use in other locations. Accessing or using the Services from jurisdictions where the content is illegal is prohibited. Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are solely responsible for compliance with all local laws and regulations. The Company disclaims any liability for any loss or damages arising from the use of the Services in any jurisdiction where such use is prohibited or restricted by law.
5.8 Export Control: You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. Specifically, without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List, or Entity List. By accessing and using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The Company reserves the right to limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction at any time in its sole discretion.
5.9 Entire Agreement: This Agreement constitutes the final, complete, and exclusive agreement between the parties regarding the subject matter herein and supersedes and merges all prior discussions, negotiations, and agreements between the parties concerning such subject matter. Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void and without legal effect.
5.10 Questions, Complaints, Claims, Permissions: Questions, Complaints, Claims, Permissions: If you have any questions, complaints, or claims regarding the Services, please contact our customer service department using the contact information provided on the Services. We will make every effort to address and resolve your concerns promptly and effectively. For usage and/or reprint permission requests, please email Support@LongHealthyLiving.com. Any correspondence related to questions, complaints, claims, or permissions must include your full name, contact information, and a detailed description of your inquiry or request. We reserve the right to respond at our discretion and according to our internal policies and procedures. By contacting us, you acknowledge and agree that any feedback, suggestions, or other submissions you provide are entirely voluntary and non-confidential, and that we are free to use such feedback, suggestions, or other submissions as we see fit without any obligation to you.
5.11 California Consumer Complaints: In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can contact them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Any correspondence should include your full name, contact information, and a detailed description of your complaint. The Company encourages you to reach out to our customer service department first to address any concerns you may have about the Services. We are committed to resolving any issues promptly and effectively. By reporting a complaint to the Division of Consumer Services, you acknowledge and agree that the Division’s involvement does not constitute legal advice or create any obligations on the part of the Company beyond those imposed by applicable law.
FITNESS, NUTRITION, AND HEALTH SERVICES TERMS
6.1 Minors: Although our products and services are not age-specific, we do not market our services or products to minors. If you are below the age of 18, you should only use our products and services with the permission and/or active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information. The Company does not knowingly collect personal information from minors without verifiable parental consent. If we become aware that a minor has provided us with personal information without parental consent, we will take steps to delete such information. Parents or legal guardians who believe that their child has provided us with personal information without their consent may contact us to request the removal of such information. By using our services, you represent and warrant that you are either 18 years of age or older, or you are using the services under the supervision of a parent or legal guardian who agrees to be bound by these terms. Any use of our services by a minor that does not comply with this clause will be considered a violation of this Agreement.
6.2 Health Disclaimer: The information provided through our fitness services, including workout plans, nutritional advice, and wellness tips, is for educational and informational purposes only and is not intended as medical advice. Consult with a physician or healthcare provider before beginning any fitness program, especially if you have any pre-existing medical conditions, are pregnant, or have concerns about your health. The Company does not guarantee any specific results from the use of the Services, and all recommendations are made based on the best available information at the time. Your use of the Services is at your own risk, and the Company shall not be liable for any injuries or health issues that may arise from the use of the Services. By using our fitness services, you acknowledge and agree that you are solely responsible for your health and well-being, and you assume all risks associated with your participation in any fitness program or nutritional regimen. If you experience any discomfort or adverse health effects, you should immediately discontinue the use of our Services and seek medical assistance.
6.3 Assumption of Risk: By participating in any fitness program or using any fitness services provided by LongHealthyLiving.com, you assume all risks associated with such activities. You acknowledge that participation in physical activities involves inherent risks, including but not limited to the risk of injury, and you voluntarily assume those risks. The Company shall not be liable for any injuries, damages, or health issues that may arise from your participation in any fitness program or use of any fitness services. You agree to take full responsibility for your own health and safety, and you understand that it is your responsibility to consult with a physician or healthcare provider before engaging in any physical activity, especially if you have any pre-existing medical conditions, are pregnant, or have concerns about your health. By using our fitness services, you acknowledge that you have read, understood, and agreed to this assumption of risk and release the Company from any and all liability arising from your participation in the fitness programs or use of the fitness services.
6.4 Results Not Guaranteed: The results from our fitness services and products will vary from person to person. LongHealthyLiving.com makes no guarantees, representations, or warranties regarding the results you will achieve through our fitness programs or services. Individual outcomes depend on various factors including, but not limited to, personal commitment, physical condition, and adherence to the recommended program. By using our services, you acknowledge and agree that any testimonials or examples provided are not a guarantee of results. The Company shall not be held responsible for any lack of results or any adverse effects that may arise from your use of our fitness programs or services. You understand and accept that achieving any fitness or health-related goals requires consistent effort and may involve a significant degree of variability in results.
6.5 No Professional Advice: The fitness services provided by LongHealthyLiving.com are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay seeking it because of information you have read on our site or received through our services. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by the Company, its employees, or others appearing on the Services at the invitation of the Company is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately. The Company shall not be held responsible for any injury or damage resulting from the use of our services or reliance on the information provided.
6.6 Nutrition Disclaimer: The information provided on LongHealthyLiving.com, including general information and discussions about health and nutrition, is intended solely for informational purposes. The content provided on the Site, or in any linked materials, is not intended to be, and should not be construed as, medical advice. The information is not a substitute for professional medical expertise or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition or nutritional program. Do not disregard professional medical advice or delay seeking it because of something you have read on the Site. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Company, its employees, or others appearing on the Site at the invitation of the Company is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately. The Company shall not be held responsible for any injury or damage resulting from the use of the Site or reliance on the information provided.
If you or any other person has a medical concern, you should consult with your healthcare provider or seek other professional medical treatment. Never disregard professional medical advice or delay in seeking it because of something that you have read on the Site.
6.7 Supplements and Protein Powders Disclaimer: The information provided on LongHealthyLiving.com regarding dietary supplements and protein powders is intended for general informational purposes only. These products and the claims made about specific products have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. The content provided on the Site is not a substitute for professional medical advice, diagnosis, or treatment. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.
All information provided on the Site is intended to enhance your general knowledge. Reliance on any information provided by the Company, its employees, or others appearing on the Site at the invitation of the Company is solely at your own risk. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new health regimen, including the use of dietary supplements or protein powders. The Company shall not be held responsible for any adverse effects or consequences resulting from the use of any information, suggestions, products, or procedures described on the Site.
These Terms and Conditions govern your use of the Services. By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use the Services. For any questions or further information, please contact us at Support@LongHealthyLiving.com