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Terms of Use

Life Alive by using this site (the “site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “terms of use”). If you do not agree to these terms of use, please do not use the site.  Life Alive. (“life alive ”) reserves the right, in its discretion, to update or revise these terms of use.  Please check periodically for changes.  Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes

General

You may not use the site for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Life Alive or others 

Additional terms and conditions may apply to specific portions of the site, and such terms and conditions are made a part of these terms of use by reference.  you agree to abide by such other terms and conditions.  If there is a conflict between these terms of use and the terms posted for or applicable to a specific portion of the site, the latter terms shall control with respect to your use of that portion of the site.

While we make reasonable efforts to provide accurate and timely information about Life Alive on the site, you should not assume that the information provided is always up to date or that the site contains all the relevant information available about Life Alive.

Third Party Sites

The site may link you to other web sites on the internet.  These other web sites may not be under the control of Life Alive, and you acknowledge that Life Alive is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of sites that are not under the control of Life Alive.  The inclusion of such a link does not imply endorsement of the site by Life ALive or any association between Life Alive and the operators of such other sites.

Proprietary Rights

You acknowledge and agree that the content and materials available on the site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.  You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials.  Use of the content or materials for any purpose not expressly permitted in these terms of use is prohibited.  You acknowledge and agree that the unauthorized use of the contents and materials on the site could cause irreparable harm to Life Alive and that in the event of such unauthorized use, Life Alive shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Documents available on the site may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made, and the document is copied entirely.  However, some documents, photos, and other content may have been published on the site with the permission of the relevant copyright owners (who are not Life Alive).  All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners 

If you have any questions about the license granted herein or if you would like to request additional rights, please write to info@lifealive.com

Linking to our site

Generally, Life Alive does not mind if you have a text link from your web site to the site.  However, you may not frame or “mirror” the site or incorporate pieces of it into a different web site or product.  Links to the site must clearly identify Life Alive as the source of information displayed and preserve the integrity of Life ALive web pages without alteration.  Further, you may not link to the site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  LIFE ALIVE DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LIFE ALIVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LIFE ALIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIFE ALIVE ’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW

User content

Some of the content displayed on the site may be generated by users of the site over whom Life Alive exercises no control (“user content”), which user content you may find objectionable, inappropriate, or offensive.  Life Alive disavows responsibility for user content to the extent permitted by law, and has no obligation to screen user content in advance.  Life Alive may in its sole discretion remove or alter any user content which it deems not to conform to these terms of use, or take any other actions with respect to user content.  Life Alive has no liability or responsibility to users for performance or nonperformance of such activities

Feedback and submissions.

You agree that you are and shall remain solely responsible for the contents of any submissions you make, and that you will not submit material that is unlawful, defamatory, abusive or obscene. you agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s)

From time to time, the site may provide you an opportunity to communicate with us and other users of the site.  Please be aware that any communication to Life Alive through the site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as non confidential and nonproprietary.  anything you submit, transmit, or post becomes the property of Life Alive, or its affiliates, and Life Alive is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you

Registered user account, password and security

On an optional basis, you may choose to register and create a personal account by providing personalized information. You are responsible for maintaining the confidentiality of the user id and password, and you are fully responsible for all activities that occur under your account.  Life Alive does not retain liability or responsibility for such use

Product sales

All purchases made by you of the products available on the site or the Life Alive gift card will be subject to Life Alive’s then-current standard terms and conditions of sale or the Life Alive gift card terms & conditions, as applicable

Indemnification

You agree to defend, indemnify, and hold harmless Life ALive and its affiliates and their respective employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the site.  Life Alive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Life Alive in asserting any available defenses

International use

Life ALive makes no representation that materials on the site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law.  Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws

Procedure for making claims of copyright infringement

If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, please provide the following information to Life ALive:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

please send such notice to: Life Alive.
194 Middle Street
Lowell, MA 01852
tel: 978-453-1311
email: info@lifealive.com

Choice of law and forum

These terms of use shall be governed by and construed in accordance with the laws of the commonwealth of Massachusetts, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms of use or your use of the site shall be the state or federal courts located in the commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and integration

Unless otherwise specified herein, these terms of use, together with the privacy policy, constitute the entire agreement between you and Life ALive with respect to the site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Life Alive with respect to the site.  If any part of these terms of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

If Life Alive reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Life Alive may take any action it deems necessary to cure or prevent the violation, including without limitation, termination of your access to the site at any time, without notice, and/or the immediate removal of any content from the site. You agree that we shall not be liable to you or any third party for any termination of your access to the site or for removal of information from the site.