Agreement between User and Live Well In The World LLC (www.livewellintheworld.com).

Welcome to Live Well In The World. The www.livewellintheworld.com website (the "Site" “Website” or “the Website”) is comprised of various web pages owned and operated by Live Well In The World LLC ("LWITW"). LWITW is a  Massachusetts based limited liability corporation, (hereinafter “we” “us” “our”). www.livewellintheworld.com is offered to you (hereinafter “visitor” “consumer” “customer” “you” “your”) conditioned on your acceptance without modification of these Terms & Conditions contained herein (the "Terms & Conditions"). 

Please read the following Terms & Conditions before using our Website - by visiting and using this Website, you are consenting that you have read these Terms & Conditions to the point that you feel you understand it as outlined herein; as well as Our Disclaimer, and Privacy Policy and agree to be bound by them. We highly recommend checking these policies regularly as well as being mindful of updates as they are communicated and posted. You may also save a copy of these policies.

 

General Disclaimers

The LWITW website: www.livewellintheworld.com is an Information, and E-Commerce Site; a one stop wellness marketplace & digital wellness community. The marketplace may include the sale of subscriptions as well as wellness related products through our online/e-commerce store. 

Use of this site is not meant as a substitute for medical advice. The use of this site assumes voluntary participation, and makes No Guarantees of outcomes from use. Please read Full Disclaimer Here.

 

Privacy

Your use of www.livewellintheworld.com is subject to LWITW's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.livewellintheworld.com or sending emails to LWITW constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LWITW is not responsible for third party access to your account that results from theft or misappropriation of your account. LWITW and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Eighteen

LWITW does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. Accounts may only be created by adults with the capacity for consent who are 18 years or older.  If you are under 18, you may use www.livewellintheworld.com only with permission and direct supervision of a parent or guardian. Please see Disclaimer of Use Here

 

Service Cancellation & Refund Policies

 

Free Trials Policy

Free trials are offered with some services and packages to allow the customer to try a product or service. When introductory free trials are offered as a part of a paid subscription service, the terms and conditions of the trial period will be listed with each individual item or service. Once the trial period has ended, the first of the recurring payments will be charged to the payment method you have provided. If the subscription service is cancelled prior to the end of the free trial terms, payment will not be charged. You may cancel a subscription at any time. Free trials will only be offered once per client or per individual trial offering. This is to prevent people from misusing/abusing the purpose of having the free trials.

 

At Live Well In The World we believe that regular informed wellness practices integrated into our routines allows us all to live more balanced & healthier lives! Making a commitment to our own wellness is an investment of our greatest assets: Time & Health. We welcome any feedback on how we can best serve our customers. Email us anytime at: info@livewellintheworld.com

Online Orders Return & Refund Policy

 

Order Cancellations

Orders for physical products that you submit online are processed immediately and may not be cancelled, and you may need to wait until you receive the merchandise in order to return it.

 

Returns

Once an item of merchandise is delivered to you, you can return that item within 14 days of delivery. To be eligible for a return, your merchandise must be unused and in the same condition that you received it and must be in the original packaging.  Our return policy does not apply to the following goods: [discounted or sale items, gift cards, personalized items, perishable goods such as food, natural products w expiration dates, flowers, e-books, newspapers or magazines, intimate apparel, sanitary goods, hazardous materials, or flammable liquids or gases]. These items are not eligible for return, refund or exchange.

 

Shipping & Initiating a Return

To initiate a return, please email us at: return@livewellintheworld.com. Please include any pictures or documentation you feel necessary, especially with regard to damaged goods. We require a receipt copy or proof of purchase to accompany your return as well as a copy of the shipping manifest that came with your purchase.

 

All returned merchandise should be sent to us at: 

 

Live Well In The World

Attn: Returns

10 Technology Drive, PMB 169 

Hudson, MA, 01749

 

Please Note: For items that are manufactured by another party and resold by Us, please do not send such items back to the manufacturer, unless otherwise indicated with info received with your purchase.

 

You are responsible for paying for all shipping costs for your returned item. Shipping costs are non-refundable. If you receive a refund, the cost of any return shipping will be deducted from your refund. You should consider using a trackable shipping service or purchasing shipping insurance for items of value, and may include any tracking information in an email with your order number to us.

 

Refunds and Exchanges

After We have received your valid return, We will send you an email to notify you that We have received your returned item and notify you of the acceptance or rejection of your return.

 

If your return is accepted by Us, We will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card or original method of payment used to pay for the item, a check, or another remedy that we determine in good faith is appropriate in the circumstances.

 

Right to Refuse

If you do not comply with any of the above conditions, We reserve the right to refuse the return or exchange, or to impose different or additional conditions.

 

Links to Third Party Sites/Third Party Services

 

www.livewellintheworld.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LWITW and LWITW is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LWITW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LWITW of the site or any association with its operators.

 

Certain services made available via www.livewellintheworld.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.livewellintheworld.com domain, you hereby acknowledge and consent that LWITW may share such information and data with any third party with whom LWITW has a contractual relationship to provide the requested product, service or functionality on behalf of www.livewellintheworld.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.livewellintheworld.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LWITW that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LWITW or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LWITW content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LWITW and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LWITW or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

LWITW has no obligation to monitor the Communication Services. However, LWITW reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LWITW reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

LWITW reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LWITW's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your family & friends, or any other person in any Communication Service. LWITW does not control or endorse the content, messages or information found in any Communication Service and, therefore, LWITW specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Moderators and hosts are not authorized LWITW spokespersons, and their views do not necessarily reflect those of LWITW.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to www.livewellintheworld.com or Posted on Any LWITW Web Page

LWITW does not claim ownership of the materials you provide to www.livewellintheworld.com (including feedback and suggestions) or post, upload, input or submit to any LWITW Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LWITW, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. LWITW is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LWITW's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You may be able to connect your LWITW account to third party accounts. By connecting your LWITW account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by LWITW from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LWITW Content accessed through www.livewellintheworld.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Some services, subscriptions, and products may be limited to consumption for US users only.

 

Indemnification

A.

  • You agree at all times to indemnify, defend and hold harmless LWITW, its officers, directors, employees, agents, affiliates, and other third parties, for any damages, losses, costs, liabilities and expenses incurred (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, products (purchased or free), any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LWITW reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LWITW in asserting any available defenses.

B.

  • Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.

C.

  • We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.

D.

  • Should you choose to utilize information or products offered on our website, whether free or purchased, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurred as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

 

The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.

 

The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Waiver

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LWITW agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIVE WELL IN THE WORLD LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

LIVE WELL IN THE WORLD LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Live Well In The World AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE WELL IN THE WORLD LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Live Well In The World OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Limitation of Liability Explained

A.           You understand and agree that your participation in using our website and/or adding yourself to our email list is wholly voluntary, and you are solely and personally responsible for your actions, choices, and any results therein. You understand there are sometimes unknown risks and circumstances that may arise during or following use of the Website, services, and or products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. You understand and agree that any suggestion or recommendation of a product, service, class, practice, or otherwise through our Website is purely information – any decision to act upon these suggestions is to be taken by you, at your own risk, without any liability on the part of Live Well In The World LLC. You agree to accept all risks herein.

B.           Your use of this Website constitutes an agreement and acceptance that you will absolve Live Well In The World LLC as well anyone acting as an agent, contractor, consultant, affiliate, guest interviewee/blogger, joint venture partner, employee, staff, team member, payment processor or anyone affiliated with Us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.

Accuracy

A.           Although we have spent considerable time and effort in selecting & creating the practitioners, products & services on www.livewellintheworld.com and the content provided herein, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website content, services, or products. You also understand there may be inadvertent typographical errors or inaccuracies as a result of unintended human error. By your use of this website, you acknowledge and understand this information, and agree you have chosen/will choose to utilize our Website and/or our products voluntarily. You agree that we are not responsible for the accuracy of our Website, or for any errors or omissions that may occur on the site or in our products.

B.           Similarly, you understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

Termination/Access Restriction 

LWITW reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LWITW as a result of this agreement or use of the Site either as a visitor, information consumer, or a customer. LWITW's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LWITW's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LWITW with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, (ie. Other linked policies & our disclaimer), this agreement constitutes the entire agreement between the user and LWITW with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LWITW with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

LWITW reserves the right, in its sole discretion, to change the Terms, Disclaimer, & any policies under which www.livewellintheworld.com is offered. The most current version of the Terms will supersede all previous versions. LWITW encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

LWITW welcomes your questions or comments regarding the Terms & Conditions:

 

Mailing Address:

Live Well In The World

10 Technology Drive #169

Hudson, Massachusetts 01749

Email Address:

info@livewellintheworld.com 

Telephone Number:

315.497.8020

 

Effective as of May 3, 2020

Disclaimer

Privacy Policy

Terms and Conditions

©Live Well In The World LLC, 2020