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Terms of Use

Livingwellmagazine.net/lwmonline.net provides services to you on our site, located at www.livingwelmagazine.net ("Site"), under these terms of use ("Terms"). Please read these Terms carefully. You understand that these Terms govern your use of the Site.

1. Privacy Policy

Your privacy is important to us. All information collected from you in connection with your use of the Site is governed by our Privacy Policy. For more information, please see our Privacy Policy, which is incorporated into these Terms.

 

2. Modifications to Terms

We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site. In addition, we may notify you of material changes to these Terms in accordance with our Privacy Policy. These Terms, as amended, will be effective upon acceptance in registration for new users and are otherwise effective for all users 30 days after the posting of any amended terms.

 

3. Modifications to the Site

We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.

 

4. Restricted Activities

You agree not to use the Site to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, including the Tell-a-Friend e-mail feature and Livingwellmagazine.net/lwmonline.net Challenge, to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Livingwellmagazine.net/lwmonline.net in its sole discretion.

 

Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

5. Your Content

You may submit comments, testimonials, or other content to us (collectively, "Content") via e-mail links on the Site. You grant to us a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, "Use"). You retain all ownership rights in and to your Content. Any Use of your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, Livingwellmagazine.net/lwmonline.net may post on the Site any testimonial you submit to us. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial.

 

6. Third-Party Services

Livingwellmagazine.net/lwmonline.net provides you with links to third-party Web sites or locations, including service providers ("Provider") such as booksellers, for your convenience only. Our provision of such a link does not signify an endorsement by Livingwellmagazine.net/lwmonline.net of the third party’s Web site or the services offered by such third-party. Livingwellmagazine.net/lwmonline.net has no control over, does not review, and cannot be responsible for these outside Web sites or their content. Your use of a third-party Web site will be subject to such third-party’s terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. Livingwellmagazine.net/lwmonline.net has no control over the Provider’s performance of its services, and Livingwellmagazine.net/lwmonline.net makes no representations or warranties with respect to the Provider’s performance of its services. YOU AGREE THAT LIVINGWELLMAGAZINE.NET/LWMONLINE.NET WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.

 

7. Services Provided by Co-Branding Partners

Portions of the Site contain links to Web sites hosted by our co-branding partners ("Co-Branders"). Information and services provided by Co-Branders on their Web sites are governed by such Co-Brander’s terms of use and privacy policies. Our provision of a link to a Co-Brander’s Web site is for your convenience only, and Livingwellmagazine.net/lwmonline.net has no control over and cannot be responsible for any content provided by a Co-Brander on such Web sites.

 

8. Termination

We may terminate your use of the Site without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.

 

9. Medical Disclaimer

All information on the Site is of a general nature and is furnished for educational purposes only. No information contained on the Site or in any e-mail sent to you by Livingwellmagazine.net/lwmonline.net ("Livingwellmagazine.net/lwmonline.net Content") is to be taken as medical or other health advice pertaining to any individual’s specific health or medical condition. Although we make an effort to provide quality information to you, Livingwellmagazine.net/lwmonline.net disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Livingwellmagazine.net/lwmonline.net Content. The Livingwellmagazine.net/lwmonline.net Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Livingwellmagazine.net/lwmonline.net Content.

 

Livingwellmagazine.net/lwmonline.net is not engaged in rendering medical or professional services. The Livingwellmagazine.net/lwmonline.net Content is not a substitute for the diagnosis and advice of your healthcare professional, and the Livingwellmagazine.net/lwmonline.net Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your healthcare professional because of anything you may have read or interpreted in the Livingwellmagazine.net/lwmonline.net Content. Consult your health care professional before practicing any recommendations or acting on any Livingwellmagazine.net/lwmonline.net Content. The Livingwellmagazine.net/lwmonline.net Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.

 

YOU ACKNOWLEDGE THAT LIVINGWELLMAGAZINE.NET/LWMONLINE.NET IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT ALL DECISIONS MADE USING THE LIVINGWELLMAGAZINE.NET/LWMONLINE.NET CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. LIVINGWELLMAGAZINE.NET/LWMONLINE.NET, INC., EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE LIVINGWELLMAGAZINE.NET/LWMONLINE.NET CONTENT. You agree, at your expense, to indemnify and hold Livingwellmagazine.net/lwmonline.net harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Livingwellmagazine.net/lwmonline.net arising from or related to decisions or recommendations you make using the Livingwellmagazine.net/lwmonline.net Content.

 

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIVINGWELLMAGAZINE.NET/LWMONLINE.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE LIVINGWELLMAGAZINE.NET/LWMONLINE.NET CONTENT.

 

LIVINGWELLMAGAZINE.NET/LWMONLINE.NET MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES LIVINGWELLMAGAZINE.NET/LWMONLINE.NET MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE LIVINGWELLMAGAZINE.NET/LWMONLINE.NET CONTENT OR THAT DEFECTS IN THE SITE OR THE LIVINGWELLMAGAZINE.NET/LWMONLINE.NET CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

 

11. Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIVINGWELLMAGAZINE.NET/LWMONLINE.NET OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE LIVINGWELLMAGAZINE.NET/LWMONLINE.NET CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of Livingwellmagazine.net/lwmonline.net to you for all claims arising from or related to the Site or the Livingwellmagazine.net/lwmonline.net Content is limited to the lesser of the fees paid by you to Livingwellmagazine.net/lwmonline.net for services provided on the Site or fifty dollars ($50).

 

12. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

 

13. Indemnification

You agree to indemnify, defend, and hold harmless Livingwellmagazine.net/lwmonline.net and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site; (2) your use of the Site or the Livingwellmagazine.net/lwmonline.net Content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.

 

14. Intellectual Property

Livingwellmagazine.net/lwmonline.net grants to you a nonexclusive right and license to reproduce the Livingwellmagazine.net/lwmonline.net Content for your personal use only. Except for the limited license granted to you in this Section 14, nothing contained on the Site, in the Livingwellmagazine.net/lwmonline.net Content, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any Livingwellmagazine.net/lwmonline.net patent, copyright, trademark, or other intellectual property rights.

 

Trademarks

Livingwellmagazine.net/lwmonline.net®, Living.Well Magazine, Sustain and Able, Tried&True,  Where’s Valentino? StyleFiles,  images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site constitute trade dress and are the property of Livingwellmagazine.net/lwmonline.net, Inc. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of Livingwellmagazine.net/lwmonline.net, Inc., is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.

 

Copyright

The Site, the Livingwellmagazine.net/lwmonline.net Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of Livingwellmagazine.net/lwmonline.net, Inc., and its licensors and are protected by U.S. and international copyright laws. The Livingwellmagazine.net/lwmonline.net Content and any other content on the Site may be used for informational purposes only. Any other use of the Livingwellmagazine.net/lwmonline.net Content or such other content on the Site without the prior written consent of Livingwellmagazine.net/lwmonline.net, Inc., is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content of the Site or the Livingwellmagazine.net/lwmonline.net Content is expressly prohibited without the prior written consent of Livingwellmagazine.net/lwmonline.net.

 

 

Dispute Resolution

Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the Livingwellmagazine.net/lwmonline.net Content ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in San Diego, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or Livingwellmagazine.net/lwmonline.net may seek interim or preliminary injunctive relief from a court of competent jurisdiction in San Diego, California, as necessary to protect the rights or property of you or Livingwellmagazine.net/lwmonline.net pending the completion of any arbitration proceeding.

 

General

The Terms constitute the entire and exclusive and final statement of the agreement between you and Livingwellmagazine.net/lwmonline.net with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and Livingwellmagazine.net/lwmonline.net with respect to the subject matter hereof. The Terms and the relationship between you and Livingwellmagazine.net/lwmonline.net shall be governed by the laws of the State of Delaware without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.

 

Livingwellmagazine.net/lwmonline.net’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Livingwellmagazine.net/lwmonline.net nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Livingwellmagazine.net/lwmonline.net’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 5 through 16 shall survive any expiration or termination of the Terms.