
Ownership of Site; Agreement to Terms of Use
These Terms
and Conditions of Use (the “Terms of Use”) apply to the Ageless Living Lifestyle web site
located at www.agelesslivinglifestyle.com, and all associated sites linked to
us by Ageless Living Lifestyle, its subsidiaries and affiliates, including
Ageless Living Lifestyle sites around the world (collectively, the “Site”). The Site is
the property of Ageless Living Lifestyle (“ALL”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ALL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ALL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork and
computer code (collectively, “Content”), including but not limited to
the design, structure, selection, coordination, expression, “look and
feel” and arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to ALL, and is protected by trade dress,
copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ALL’s express prior written consent.
You may use information on ALL products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ALL for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”,
“page-scrape”, “robot”, “spider” or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Site. Apple reserves the
right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Apple server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Apple, including any Apple account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ALL’s systems or networks, or any systems or networks connected to the Site or to ALL.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ALL on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content 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 ALL or others.
Purchases; Other Terms and Conditions
Additional terms and
conditions may apply to purchases of goods or services and to specific
portions or features of the Site, including contests, promotions or
other similar features, all of which terms are made a part of these
Terms of Use by this reference. You agree to abide by such other terms
and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature.
If there is a conflict between these Terms of Use and the terms posted
for or applicable to a specific portion of the Site or for any service
offered on or through the Site, the latter terms shall control with
respect to your use of that portion of the Site or the specific service.
ALL’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
ALL may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ALL makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or
services offered on or through the Site may require you to open an
account (including setting up an ALL ID and password). You are
entirely responsible for maintaining the confidentiality of your
account information, including your password, and for any and all
activity that occurs under your account. You agree to notify ALL
immediately of any unauthorized use of your account or password, or any
other breach of security. However, you may be held liable for losses
incurred by ALL or any other user of or visitor to the Site due to
someone else using your ALL ID, password or account.
You may not use anyone else’s ALL ID, password or account at any time without the express permission and consent of the holder of that ALL ID, password or account. ALL cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
ALL’s Privacy Policy applies to use of this
Site, and its terms are made a part of these Terms of Use by this
reference. Please review ALL’s Privacy Policy.
Additionally, by using the Site, you acknowledge and agree that
Internet transmissions are never completely private or secure. You
understand that any message or information you send to the Site may be
read or intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is
encrypted.
Links to Other Sites and to the Apple Site
This Site may
contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under ALL’s control, and ALL is
not responsible for and does not endorse the content of such Linked
Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding
your interaction with these Linked Sites.
Disclaimers
ALL DOES NOT PROMISE THAT THE SITE OR ANY
CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE
OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE
DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION
PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL CANNOT
ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ALL
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ALL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE AND/OR ANY ALL SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST ALL FOR DISSATISFACTION WITH THE SITE OR ANY
CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION
OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Apple reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in
no event will ALL be liable to you for any indirect, consequential,
exemplary, incidental or punitive damages, including lost profits, even
if ALL has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, ALL is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ALL’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against ALL (but not including the purchase price for any ALL hardware or software products or any or similar support program), or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold ALL, its
officers, directors, shareholders, predecessors, successors in
interest, employees, agents, subsidiaries and affiliates, harmless from
any demands, loss, liability, claims or expenses (including attorneys’
fees), made against ALL by any third party due to or arising out of
or in connection with your use of the Site.
Violation of These Terms of Use
ALL may disclose any
information we have about you (including your identity) if we determine
that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify, contact or
bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) ALL’s
rights or property, or the rights or property of visitors to or users
of the Site, including ALL’s customers. ALL reserves the right at
all times to disclose any information that ALL deems necessary to
comply with any applicable law, regulation, legal process or
governmental request. ALL also may disclose your information when
ALL determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that ALL may preserve any transmittal or communication by you with ALL through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ALL determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Apple, its employees, users of or visitors to the Site, and the public.
You agree that ALL may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ALL, for which monetary damages would be inadequate, and you consent to ALL obtaining any injunctive or equitable relief that ALL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ALL may have at law or in equity.
You agree that ALL may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If ALL does take any legal action against you as a result of your violation of these Terms of Use, ALL will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ALL. You agree that ALL will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all
matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United States and by the
laws of the State of California without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the
state and federal courts in San Diego County, California, and waive
any objection to such jurisdiction or venue. Any claim under these
Terms of Use must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred. No recovery
may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs
and attorneys’ fees. In the event of any controversy or dispute between
ALL and you arising out of or in connection with your use of the
Site, the parties shall attempt, promptly and in good faith, to resolve
any such dispute. If we are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party may
submit such controversy or dispute to mediation. If the dispute cannot
be resolved through mediation, then the parties shall be free to pursue
any right or remedy available to them under applicable law.
Void Where Prohibited
ALL administers and operates the
www.agelesslivinglifestyle.com Site from its location in San Diego, California USA;
other ALL sites may be administered and operated from various
locations outside the United States. Although the Site is accessible
worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to
all persons or in all geographic locations, or appropriate or available
for use outside the United States. ALL reserves the right to limit,
in its sole discretion, the provision and quantity of any feature,
product or service to any person or geographic area. Any offer for any
feature, product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the United States, you do
so on your own initiative and you are solely responsible for complying
with applicable local laws.
Miscellaneous
You may not use or export or re-export any
Content or any copy or adaptation of such Content, or any product or
service offered on the Site, in violation of any applicable laws or
regulations, including without limitation United States export laws and
regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ALL with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ALL with respect to such use are hereby superseded and cancelled. ALL will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ALL’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ALL of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ALL and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
ALL provides access to ALL international data and, therefore, may contain references or cross references to ALL products, programs and services that are not announced in your country. Such reference does not imply that ALL in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this
site shall be deemed to be non-confidential. ALL shall be free to use
such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2009 Ageless Living Lifestyle, All rights reserved.
San Diego, California, USA.
Updated by The Ageless Living Lifestyle Legal Team on 4/19/09
