Terms + Conditions
LIFE + LIMB INTERNET WEBSITE
TERMS AND CONDITIONS OF USE
Welcome to the LIFE + LIMB Internet Website (the “Website”). The Website is owned and operated by LIFE + LIMB.
1) Important Defined Terms.
- “Account” means the account of a customer which may be accessed using the Website.
- “Account Information” means billing, invoice, delivery, and other similar information related to a customer’s Account.
- “Content” means any and all text, graphics, logos, trademarks, trade names, service marks, slogans, domain names, audio, video, data compilations, tools, software, and any other material or information used on or in connection with the Website.
- “Customer” means a User who creates an Account for the purpose of purchasing products through the Website.
- “Law” or “Laws” means any applicable federal, state, local, or international law, regulation, or ordinance.
- “Personal Information” means a User’s personally identifiable information, including without limitation a User’s name, e-mail address, home or business address, and/or telephone number, credit card, PayPal or other billing, payment, or account information.
- “Terms” means these LIFE + LIMB Internet Website Terms and Conditions of Use.
- “User” shall mean any person linking to the Website, or otherwise using or viewing Website Content. “Users” means all such persons.
- “User Information” means any and all information about a User that LIFE + LIMB obtains in any manner, including information that a User enters on the Website or provides to LIFE + LIMB in another manner (such as via e-mail), including Personal Information.
2) Acceptance of Terms; Modification. A User’s use of the Website constitutes the User’s legally binding acceptance of and agreement to these Terms. Please read these Terms completely and carefully before using the Website. Questions about the Website or these Terms should be directed to LIFE + LIMB. LIFE + LIMB may modify these Terms from time to time, without notice, effective upon posting on the Website, and the continued access or use of the Website by a User constitutes the User’s acceptance of all such modifications. The current version of these Terms will be posted on the Website, and Users should review the Terms prior to using the Website.
3) Accounts; Purchases. In order to purchase products through the Website, Users may be required to register an Account, provide certain Personal Information with respect to the Account, including using login and password information selected by Customer. Each Customer is solely responsible for all activity that occurs under its Account and/or password. Customers must maintain the confidentiality and security of the Account password and login information, and Customers must notify LIFE + LIMB immediately of any breach of security or unauthorized use of the Account.
4) Electronic Communication. By visiting the Website, creating an Account, or communicating with LIFE + LIMB by e-mail, Users are communicating with LIFE + LIMB electronically, and Users are consenting to receive electronic communications from LIFE + LIMB. Users hereby agree that any communication that LIFE + LIMB provides electronically, including by posting to the Website, satisfies any legal requirement that a communication must be in writing.
6) Security. The Website has reasonable security measures in place to protect against the loss, misuse, or alteration of information under LIFE + LIMB’s control. LIFE + LIMB relies on the security measures provided by certain third parties, including without limitation third-party software developers, website developers and the internet hosting service providers, as applicable. Although LIFE + LIMB believes these measures are adequate to prevent unauthorized access to private information under normal circumstances, it may be possible for information to be retrieved from the Website by hackers or criminals, in ways beyond the control of LIFE + LIMB. LIFE + LIMB cannot ensure, and does not warrant, the security of any information. Users should use the Website at their own risk. Users hereby waive all claims against LIFE + LIMB for any breach of the Website’s security measures and any unauthorized access to or use of private information by hackers or criminals, in ways beyond the control of LIFE + LIMB, the Website developer or hosting service provider. Users also agree that, to the extent required by Law, LIFE + LIMB may use Users’ Personal Information in order to notify Users of any unauthorized access to their Personal Information of which LIFE + LIMB become aware.
Users must observe all security features on the Website and shall not disable or bypass any security devices. Users shall not use the Website to gain unauthorized access to LIFE + LIMB’s computers, to the hosting service provider’s computers, or to other computer networks; for malicious or destructive purposes (such as the development or transmission or computer viruses); or to publish, access, or transmit obscene or pornographic material.
7) Proprietary Rights. LIFE + LIMB has contracted with various third-party service providers, including without limitation the Website developer and hosting service provider. The Content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights and are the respective property of LIFE + LIMB, the Website developer, or the hosting service provider and/or other third parties, as applicable. All trademarks used on the Website that are not the property of LIFE + LIMB are the property of their respective owners. Users do not obtain title to, or acquire ownership rights or interest to, any Content, document, intellectual property, or other information viewed through the Website by virtue of using, accessing, or downloading any Content from the Website. Unauthorized modification or use of any Content by a User is a violation of the copyright and other proprietary rights of the owner of such Content. Any User who submits information to the Website hereby grants LIFE + LIMB a worldwide, royalty-free, nonexclusive, perpetual, and irrevocable license to use, reproduce, modify, or make derivative works of such information. Users may not frame any Content, or any trademark, logo, or other proprietary information on the Website without the prior written consent of LIFE + LIMB or the Content owner. Users may not use LIFE + LIMB’s name or trademarks in any meta-tags or other hidden text without the express written consent of LIFE + LIMB. Users hereby waive all claims against LIFE + LIMB for any violation of copyright, rights of privacy, publicity, and defamation or other personal torts arising from LIFE + LIMB’s use of the information that Users may provide. The copying, redistribution, use, or publication by Users of any such matters or any part of the Website, except as allowed by Section 9, is strictly prohibited. The posting of Content on the Website by LIFE + LIMB, the Website developer, or the hosting service provider does not constitute a waiver of any right, title, or interest in such Content.
8) Accuracy. LIFE + LIMB may provides certain information to various third-party service providers, including without limitation the Website developer and hosting service provider, to post on the Website for display, retrieval, and/or downloading by Users. LIFE + LIMB attempts to ensure that all information on the Website, including without limitation Customer Account Information, is as accurate as possible. LIFE + LIMB does not warrant that any information on the Website, including without limitation Customer Account Information, is accurate, complete, or error-free, and Users should not rely on the accuracy of Customer Account Information obtained or viewed on the Website. If any discrepancy exists with respect to the Account Information on the Website and Account Information otherwise provided or available to Customer, or retained by LIFE + LIMB, such other Account Information shall control. Users should use the Website at their own risk. If a Customer believes that any Account Information on the Website is incorrect, Customer should contact LIFE + LIMB immediately. CUSTOMERS HEREBY WAIVE ALL CLAIMS AGAINST LIFE + LIMB ARISING FROM OR RELATED TO ANY INACCURACY IN ANY ACCOUNT INFORMATION OBTAINED OR VIEWED THROUGH THE WEBSITE.
9) Access and Use of the Website; Prohibited Uses. Subject to the terms set forth herein (as may be revised by LIFE + LIMB), LIFE + LIMB grants to User a personal, nontransferable, and nonexclusive limited license to access and use the Website and to download and print certain identified Content and Account Information from the Website solely for the Customer’s personal uses; provided that Users do not delete or modify any copyright or other proprietary notices. Any other copying, use, distribution, publication, transmission, or modification of the Content or any other property of LIFE + LIMB, whether in electronic or hard copy form, is strictly prohibited.
Users agree not to access or use the Website, in any manner so as to (a) adversely affect the Website’s resources or the availability of the Website to others; (b) violate any Laws, including without limitation Laws regarding the export of data from the United States or the country in which Users reside; (c) delete or revise any Content on the Website; (d) harass any person or collect or store personal information about Website visitors; (e) circumvent, disable, or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Content or enforce these Terms; or (f) contains viruses, corrupt data, cancel bots, trojan horses, or the like, or otherwise disrupts or is capable of disrupting the operation of the Website or servers or networks connected to the Website or the ability of Customers to access or use the Website.
10) Certain Reserved Rights. LIFE + LIMB reserves the right in its sole discretion to monitor, review and use all communications and other use of the Website, together with information relating to such communications and use, such as identification of sources and recipients of information, usage frequency and content of transmissions, to change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature or Content, and to impose limits on certain features and services or restrict access to parts or all of the Website without notice or liability. LIFE + LIMB, may, at any time and for any reason, terminate or restrict any User’s access to the Website without notice.
11) User-Provided Information and Suggestions. Information that Users provide through the Website for the purpose ordering or canceling orders for LIFE + LIMB’s products, registering with the Website, or submitting questions regarding the Website or LIFE + LIMB’s products is subject to these Terms. LIFE + LIMB requests that Users do not provide unsolicited suggestions for improving LIFE + LIMB’s products and services, or for new products or services, or creative, marketing, or other types of proposals, ideas, or know-how. By submitting unsolicited suggestions, Users agree that LIFE + LIMB may (but shall have no obligation to) use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as LIFE + LIMB sees fit, without restriction or limitation of any kind, and Users grant to LIFE + LIMB a perpetual, irrevocable, and royalty-free license to do so and to allow others to do so on LIFE + LIMB’s behalf, and Users agree not to permit or prosecute any action or lawsuit on the ground that LIFE + LIMB’s use or alleged use of a suggestion infringes any proprietary or other rights of any kind or nature.
USERS ARE SOLELY RESPONSIBLE FOR CONTENT AND OTHER INFORMATION AND MATERIALS PROVIDED TO LIFE + LIMB. ALL USERS REPRESENT AND WARRANT TO LIFE + LIMB THAT THEY OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE LIFE + LIMB TO USE ANY USER SUBMISSIONS AND OTHER INFORMATION OR MATERIALS PROVIDED IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE.
Users acknowledge that communication via the Internet may use potentially unsecure computers and links and that data may be lost or intercepted by unauthorized persons during such transmission. Users agree that LIFE + LIMB shall have no liability whatsoever in connection with such lost or intercepted data. LIFE + LIMB has the right, but not the obligation, to review, remove, or edit any Content, at LIFE + LIMB’s sole discretion. LIFE + LIMB has no responsibility and assumes no liability for Content posted by Users or any other party, and does not guarantee the accuracy, integrity, or quality of any Content.
12) Links. The Website may include information and/or links to third-party websites, and third-party websites may link to the Website. LIFE + LIMB has no control over, and no liability for, any such third-party websites, or for any content, products, or services offered by or accessed through such third-party websites. Users accessing third-party Websites linked through the Website, do so at their own risk. Users agree that LIFE + LIMB shall have no responsibility for any content, advertising, products or other material accessed through such links, or the accuracy or reliability of any information, data or opinions accessed through links on the Website, or any liability, direct or indirect, for any damage or loss incurred by Users in connection with such websites or resources accessed through links on the Website. No endorsement of any products, services or information of any third party is expressed or implied by any information, material or Content referred to or included on, or linked from or to the Website.
13) LIFE + LIMB Products; Product Descriptions. LIFE + LIMB attempts to ensure that product descriptions and other information on the Website are as accurate as possible. LIFE + LIMB does not warrant that product descriptions or other information on the Website are accurate, complete, or error-free. IF A PRODUCT OFFERED BY LIFE + LIMB IS NOT AS DESCRIBED ON THE WEBSITE, A USER’S SOLE REMEDY IS AS SET FORTH IN THE APPLICABLE WARRANTY ACCOMPANYING THE PRODUCT, IF ANY. LIFE + LIMB HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO LIFE + LIMB’S PRODUCTS, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED.
14) NO WARRANTY; LIMITATION OF LIABILITY. LIFE + LIMB DOES NOT WARRANT THAT ANY CONTENT or any other information POSTED ON THE WEBSITE AND/OR ANY LIFE + LIMB PRODUCT AVAILABLE THROUGH THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LIFE + LIMB DOES NOT WARRANT THAT THE WEBSITE OR LIFE + LIMB’s PRODUCTS WILL MEET Customer REQUIREMENTS, OR THAT User’s ACCESS OR USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES LIFE + LIMB MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION, OR ANY OTHER MATERIAL USERS OBTAIN THROUGH THE WEBSITE. To the extent permitted under applicable law, the Website and ALL SERVICES AND CONTENT through the Website ARE PROVIDED “AS IS,” “AS AVAILABLE,” and “with all faults,” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), or that any user’s access or use of the Website will be uninterrupted, secure, or error-free.
User access and use of this Website is at such user’s own risk. LIFE + LIMB, and its affiliates, owners, employees, agents, successors, advisors, consultants, and assigns shall have no liability for any loss or damage whatsoever, direct or indirect, including but not limited to special, punitive, incidental, consequential, or exemplary damages arising out of or in connection with any User’s use of the Website or inability to use or access the Website; any content provided on the Website; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT or other information PROVIDED ON OR THROUGH THE WEBSITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF LIFE + LIMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. It is the EXCLUSIVE RESPONSIBILITY of each USER TO EVALUATE ALL CONTENT PROVIDED ON THE WEBSITE FOR ACCURACY, COMPLETENESS, AND USEFULNESS.
Without waiving the governing law provision below, some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to Users in such jurisdictions; however, In such jurisdictions, LIFE + LIMB’S liability shall be limited to the greatest extent permitted under applicable LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT, or any other legal theory, AND SHALL SURVIVE ANY BREACH OF THEse TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THEse TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
15) Indemnity. Each User is responsible for using the Website. Each User hereby agrees to indemnify, defend, and hold LIFE + LIMB, its affiliates, owners, employees, agents, successors, advisors, consultants, and assigns absolutely harmless from and against any claim, loss, damage, expense, or liability of any kind (including attorney fees and costs) that: (a) is brought by any third party and relates to or arises from the User’s use of the Website (including any third party using the User’s Customer Account); or (b) relates to or arises from the User’s violation of any these Terms, use of or access to the Website, or posting or e-mailing of suggestions or other information to LIFE + LIMB.
16) Termination; Survival. These Terms remain in effect until terminated by LIFE + LIMB. LIFE + LIMB reserves the right to suspend or terminate access to the Website or to the Account of any Customer, with or without notice, if such Customer breaches these Terms or if LIFE + LIMB reasonably believes that such Customer or has committed such breach. LIFE + LIMB may, in its sole discretion, discontinue providing the Website, in whole or in part, at any time, with or without notice. LIFE + LIMB shall have no liability to any Customer or third party for any termination of the Website or access to the Website or a Customer Account. A User’s limited right to use the Content on the Website under these Terms shall terminate immediately upon notice that LIFE + LIMB has terminated such User’s access to the Website, and such User must promptly destroy all copies of Content obtained from the Website in its possession or control in whatever form. The provisions of paragraphs 8, 13, 14, and 15 shall survive termination of these Terms.
17) Compliance with Laws. Users agree to use the Content and this Website in compliance with all applicable Laws. This Website is intended only for Customers within the United States. Customers shall comply with all applicable Laws with respect to the importation of plants or biological items into their local jurisdictions, including all restrictions and prohibitions.
18) Miscellaneous. This Website is operated by LIFE + LIMB, or, if applicable, the hosting service provider, from its location in Portland, Oregon, United States of America. LIFE + LIMB makes no representation that any Content on the Website or accessed through the Website is appropriate or available for use in any jurisdiction. These Terms, and any dispute that may arise between a User and LIFE + LIMB shall be governed by and construed in accordance with the Laws of the State of Oregon, U.S.A., without regard to its conflicts of law principles. Users irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the courts located in Multnomah County, Oregon, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Website. These Terms, as each may be amended from time to time, set forth the entire understanding of Users and LIFE + LIMB as to access and use of the Website, the Content on the Website, and applicable Customer Accounts. If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all provisions shall be enforced to the fullest extent permitted by Law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of LIFE + LIMB. LIFE + LIMB may assign its rights and duties under the Terms to any party, at any time, without notice. These Terms constitute a written agreement between each User and LIFE + LIMB, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document, or record originally in printed form. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. LIFE + LIMB’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing in these Terms, express or implied, is intended to confer on any person, other than LIFE + LIMB or the applicable User, any right or remedy of any nature whatsoever. In the event of any legal action to enforce or interpret these Terms, or otherwise related to these Terms, or in the event a petition in bankruptcy is filed by or on behalf of a party, the prevailing party, in addition to all other amounts that the other party may be required to pay, shall be entitled to recover such additional sum for the prevailing party’s reasonable attorney fees and costs, as the applicable court determines to be reasonable in the action, including any proceeding at trial, on appeal, or on petition for review, and in any bankruptcy proceeding.
Questions about these Terms or the Website? Please contact:
LIFE + LIMB