PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE LIVELI WEBSITE AND SERVICES. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
This website is operated by Life Kitchen LLC dba Liveli. Throughout the site and the following terms and conditions (“Terms of Service” or “Terms”), the terms “we”, “us” and “our” refer to Liveli. Liveli offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Acknowledgement of the Laws of your Location: You must abide by and follow the applicable laws of the state, city, county, municipality or jurisdiction in which you are located in order to use the Services. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using the Services. Liveli reserves the right to determine or change its Service Area in its sole discretion at any time.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS. We reserve the right to refuse service to anyone for any reason at any time.
Liveli reserves the right at all times to disclose any information 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 Liveli’s sole discretion.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Assumption of Liability. You assume the risk of any-and-all damage or loss incurred as a result of your consumption of any products obtained by any Liveli site, store, or licensed partner.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 6 – Health Information Disclaimer
NOT MEDICAL ADVICE. The statements on this website have not been evaluated by the Food and Drug Administration (“FDA”). Our products are not intended to diagnose, treat, cure or prevent any disease. Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure, or prevent any disease.
Any medical or health related information provided in this Service is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider for informed medical advice or care.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website or service. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements. This product should only be used as directed on the label. It should not be used if you are pregnant, nursing, taking medication or have a medical condition. We suggest consulting with a physician before using any of our products.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, publicly display, reproduce, translate, reformat and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
By posting, uploading, inputting, providing, or submitting Content, you warrant and represent that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Company’s liability to you is limited.
LIVELI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES, PRODUCTS AND RELATED INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVELI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND RELATED INFORMATION INCLUDE ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVELI, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COSTS, LIABILITIES, and EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OF OTHERWISE, EVEN IF LIVELI OR ANY OF ITS SUPPIERS HAVE BEEN ADVISED ON THE POSSIBILITY OF DAMAGES ARISING FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR LIABILITY TO YOUR FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN ANY AMOUTNS EXCEEDING THE AMOUNT YOUR PAID TO THE COMPANY HEREUNDER.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Liveli and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and representatives harmless from any claim, losses, liability, damages, costs, and demands, including reasonable attorneys’ fees, made by any third-party due to or arising out of your access to or use of the Services, including the Site, or any other party’s access and use of the Services with your unique Account credentials (username, password), your breach of these Terms of Service, or your infringement or infringement by any other user of your account, of any intellectual property of other right of any person or entity.
SECTION 15 –Arbitration
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR PROGRAMS, OR ANY TRANSACTION UTILIZING OR RELATING TO, OR THE USE OF, OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN OR AMONG YOU, US AND/OR ANY OTHER THIRD-PARTY SERVICE PROVIDER ACTING ON OUR BEHALF WITHIN THE SCOPE OF THE TERMS OF SERVICE WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (THE “RULES”). THE ARBITRATION WILL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE RULES, IN SAN DIEGO COUNTY, CALIFORNIA. JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ALL PARTIES WAIVE THE RIGHT, IF ANY, TO OBTAIN ANY AWARD FOR EXEMPLARY OR PUNITIVE DAMAGES OR ANY OTHER AMOUNT FOR THE PURPOSE OR IMPOSING A PENALTY FROM THE OTHER IN ANY ARBITRATION OR JUDICIAL PROCEEDING OR OTHER ADJUDICATION ARISING OUT OF OR WITH RESPECT TO THESE TERMS, OR ANY BREACH HEREOF, INCLUDING ANY CLAIM THAT THESE TERMS, OR ANY PART HEREOF, IS INVALID, ILLEGAL OR OTHERWISE VOIDABLE OR VOID. IN ADDITION TO ALL OTHER RELIEF, THE ARBITRATOR WILL HAVE THE POWER TO AWARD REASONABLE ATTORNEYS’ FEES TO THE PREVAILING PARTY. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL BE RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES TO THE ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE ACTION, OR AS PART OF A REPRESENTATIVE CLASS, UNLESS ALL PARTIES TO THE ARBITRATION AGREE TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. IF ANY PROVISION OF THESE TERMS WILL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERABLE FROM THESE TERMS AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. OUR FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS WILL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.
SECTION 16 – Class Action Waiver
ANY ARBITRATION UNDER THESE TERMS 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 PLANTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING , SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
BOTH YOU AND YOUR AFFILIATES, AGREE THAT ANY CLAIMS OR CONTROVERSIES BETWEEN OR AMONG US MUST BE BROUGHT AGAINST EACH OTHER ON AN INDIVIDUAL BASIS ONLY. THAT MEANS NEITHER YOU AND YOUR AFFILIATES ON ONE HAND NOR LIVELI AND ITS AFFILIATES ON THE OTHER HAND CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING (UNLESS ALL PARTIES AGREE OTHERWISE). AND, THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S OR ENTITY’S CASE CAN ONLY IMPACT THE PERSON OR ENTITY THAT BROUGHT THE CLAIM, NOT OTHER LIVELI USERS, CUSTOMERS OR PARTNERS, AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER USERS, CUSTOMERS OR PARTNERS. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. HOWEVER, IF FOR ANY REASON ANY COURT WITH COMPETENT JURISDICTION HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN OUR AGREEMENT IN THIS SECTION 20 TO ARBITRATE WILL NOT APPLY AND THE DISPUTE MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND/OR FEDERAL COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA, AND ALL PARTIES CONSENT TO PERSONAL JURISDICTION OF SUCH COURTS FOR SUCH PURPOSE.
Term for Cause of Action
You and Liveli agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Liveli Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.
SECTION 17 – AFFILIATED WEBSITES
The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Site. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third- party content. Your dealings with or participation in promotions of advertisers to which you opt- in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19- TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms of Service, or your use thereof, will be brought and conducted in San Diego County, California, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against as contemplated by this section.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com or contact us at (619) 215-5044.