LivingEvercleanseLean TERMS AND CONDITIONS
Welcome to the LivingEvercleanseLean Website (the "Site"). LivingEvercleanseLean
provides the content and services available on the Site to you subject to the
following terms and conditions ("Terms and Conditions"). By accessing or using
the Site, you are acknowledging that you have read, understand, and agree,
without limitation or qualification, to be bound by these Terms and Conditions
which include our Privacy Policy.
1. Privacy
Please review our Privacy Policy, which also governs your visit to the Site, so
that you may understand our privacy practices.
2. Purchase Related Policies
The products and services available on the Site, and any samples thereof we may
provide to you, are for personal use only. You may not sell or resell any of the
products or services, or samples listed there that you purchase or otherwise
receive from us. We reserve the right, with or without notice, to cancel or
reduce the quantity of any orders that we believe, in our sole discretion, may
result in the violation of our Terms and Conditions.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the
Site; however, to the extent permitted by applicable law, we do not warrant that
the product descriptions, colors or other content available on the Site are
accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics,
logos, button icons, images, audio clips, data compilations and software, and
the compilation thereof (collectively, the "Content") is the property of
SelfHelpWorks, Inc., our affiliates, partners or licensors, and is protected
by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively,
the "Trademarks") are the registered and unregistered marks of SelfHelpWorks,
Inc., our affiliates, partners or licensors, in the United States and other
countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required
under applicable law, neither the Content or Trademarks nor any portion of the
Site may be used, reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or in part, for any purpose without
our prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make
personal use of the Site. This limited license does not include the right to:
(i) frame or utilize framing techniques to enclose the Site or any portion
thereof; (ii) modify or download the Site or Content (except caching or as
necessary to view the Site); (iii) make any use of the Site or Content other
than personal use; (iv) create any derivative work based upon either the Site or
Content; (v) collect account information for the benefit of yourself or another
party; (vi) use any meta tags or any other "hidden text" utilizing our name or
the Trademarks or to otherwise use the Trademarks; or (vi) use software robots,
spiders, crawlers, or similar data gathering and extraction tools, or take any
other action that may impose an unreasonable burden or load on our
infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a
hyperlink to the home page of the Site for personal, non-commercial use only. A
Web site that links to the Site (i) may link to, but not replicate, our Content;
(ii) may not represent or imply that we are endorsing such Web site or its
services or products; (iii) may not misrepresent its relationship with us; (iv)
may not contain content that could be construed as distasteful, obscene,
offensive or controversial, and may contain only content that is lawful and
appropriate for all ages; (v) may not portray us or our products or services, in
a false, misleading, derogatory, or otherwise offensive or objectionable manner,
or associate us with undesirable products, services, or opinions; (vi) may not
use any Trademark; and (vii) may not link to any page of the Site other than the
home page. We may, in our sole discretion, request that you remove any link to
the Site, and upon receipt of such request, you shall immediately remove such
link.
Any unauthorized use by you of the Site terminates the limited licenses set
forth in this Section 5 without prejudice to any other remedy provided by
applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and
Conditions and the special warnings or instructions for access or use posted on
the Site. You shall act always in accordance with the law, custom and in good
faith. You may not make any change or alteration to the Site or any Content or
services that may appear on this Site and may not impair in any way the
integrity or operation of the Site. Without limiting the generality of any other
provision of these Terms and Conditions, if you default negligently or willfully
in any of the obligations set forth in these Terms and Conditions (including our
Privacy Policy), you shall be liable for all the losses and damages that such
default or defaults may cause to SelfHelpWorks, Inc., our
affiliates, partners or licensors.
7. Your Account
You may choose to register at our Site. If you do, you will have an email
address/username and password for your account. You are responsible for
maintaining the confidentiality of your account, username and password and for
restricting access to your computer. You agree to accept responsibility for all
activities that occur under your account, username and/or password. You agree to
provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior
notice if you violate these Terms and Conditions or if we decide, in our sole
discretion, that it would be in SelfHelpWorks, Inc., best interests to do
so.
8. Third Party Links
We are not responsible for the content of any off-Web site pages or any other
Web sites linked to or from the Site. Links appearing on the Site are for
convenience only and are not an endorsement by us, our affiliates or our
partners of the referenced content, product, service, or supplier. Linking to or
from any off-Web site pages or other Web sites is at your own risk. We are in no
way responsible for examining or evaluating, and we do not warrant the offerings
of, off-Web site pages or any other Web sites linked to or from the Site, nor do
we assume any responsibility or liability for the actions, content, products, or
services of such pages and Web sites, including, without limitation, their
privacy policies and terms and conditions. You should carefully review the terms
and conditions and privacy policies of all off-Web site pages and other Web
sites that you visit.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding
our policy with regard to unsolicited suggestions and ideas, any inquiries,
feedback, suggestions, ideas or other information you provide us (collectively,
“Submissions”) will be treated as non-proprietary and non-confidential. Subject
to the terms of our Privacy Policy, by transmitting or posting any Submission,
you hereby grant us a nonexclusive, royalty-free, perpetual, transferable,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt,
publish, sell, assign, translate, create derivative works from, distribute and
display any Submission in any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works. You also acknowledge that
your Submission may not be returned and we may use your Submission, and any
ideas, concepts or know- how contained therein, for any purpose including,
without limitation, developing, manufacturing, distributing and marketing
products.
If you make a Submission, you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of “spam.” You may not
use a false email address, impersonate any person or entity, or otherwise
mislead us as to the origin of any Submission. You agree to indemnify us for all
claims arising from or in connection with any claims to any rights in any
Submission.
10. Representations and Warranties; Limitation of Liability
The site is presented "as is." we make no representations or warranties of any
kind whatsoever, express or implied, in connection with these terms and
conditions or the site, including but not limited to warranties of
merchantability, non-infringement or fitness for a particular purpose, except to
the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not
be responsible or liable for our site(whether in contract, tort or otherwise),
under any circumstances, for any (a) interruption of business; (b) access delays
or access interruptions to the site; (c) data non-delivery, mis-delivery,
corruption, destruction or other modification; (d) loss or damages of any sort
incurred as a result of dealings with or the presence of off-web site links on
the site; (e) computer viruses, system failures or malfunctions which may occur
in connection with your use of the site, including during hyperlink to or from
third party web sites (f) any inaccuracies or omissions in content or (g) events
beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any
indirect, special, incidental, or consequential damages of any kind (including
lost profits) related to the site regardless of the form of action whether in
contract, tort or otherwise, even if we have been advised of the possibility of
such damages. In no event shall our maximum aggregate liability exceed one
hundred dollars ($100.00).
11. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or
costs, including reasonable attorneys’ fees, resulting from any third party
claim, action, or demand resulting from your use of the Site. You also agree to
indemnify us for any loss, damages, or costs, including reasonable attorneys’
fees, resulting from your use of software robots, spiders, crawlers, or similar
data gathering and extraction tools, or any other action you take that imposes
an unreasonable burden or load on our infrastructure.
12. Disputes
With respect to any dispute regarding the Site, all rights and obligations and
all actions contemplated by these Terms and Conditions shall be governed by the
laws of US, as if the Terms and Conditions were a contract wholly entered
into and wholly performed within US Any dispute relating in any way to
your visit to the Site shall be submitted to confidential arbitration in US,
except that, to the extent you have in any manner violated or threatened to
violate our intellectual property rights or the intellectual property rights of
our affiliates, partners or licensors, we may seek injunctive or other
appropriate relief in any court and you consent to exclusive jurisdiction and
venue in any such court. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions, which include our
Privacy Policy, constitute the complete and exclusive agreement between us
concerning your use of the Site, and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Site. Any changes are
effective immediately upon posting to the Site. Your continued use of the Site
constitutes your agreement to all such terms and conditions. We may, with or
without prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating
any agency, partnership, or other form of joint enterprise between us. Our
failure to require your performance of any provision hereof shall not affect our
full right to require such performance at any time thereafter, nor shall our
waiver of a breach of any provision hereof be taken or held to be a waiver of
the provision itself. In the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any applicable law or be so
held by any applicable arbitral award or court decision, such unenforceability
or invalidity shall not render these Terms and Conditions unenforceable or
invalid as a whole. We will amend or replace such provision with one that is
valid and enforceable and which achieves, to the extent possible, our original
objectives and intent as reflected in the original provision
If you have any questions regarding these Terms and Conditions, please contact
us at:
SelfHelpWorks, Inc.
2870 4th Ave Suite 205
San Diego, CA 92103
(619) 296-1881