Terms and Conditions of Use

 

LYV Naturally, LLC (DBA: “Swell Foods”) Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LYV Naturally, LLC. (DBA “Swell Foods”).

Thank you for visiting http://www.eatswellfoods.com (the “Site”) which is operated by LYV Naturally, LLC (“LYV Naturally, LLC”, “we”, “us”, or “our”)! We are glad that you found us and we hope you’ve enjoyed your experience. Please read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.

CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice. 

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.

LYV Naturally, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

NUTRITION, FITNESS, AND WELL BEING INFORMATION

Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or Content. Using our Site is solely at your own risk.

USER SUBMISSIONS

The Personal Information you submit to the Site is governed by the Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that LYV Naturally, LLC is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. LYV Naturally, LLC may sublicense its rights through multiple tiers of sublicenses. LYV Naturally, LLC, however, is under no obligation to use the User Content. 

LINKING / THIRD PARTY LINKS ON OUR SITE

Our Site may contain links to other Web sites. LYV Naturally, LLC does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites’ terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites. 

In general, LYV Naturally, LLC does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:

• Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site. 
• Do not present the link to our Site in any way that suggests LYV Naturally, LLC or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with LYV Naturally, LLC to do so;
• Link only to the home page of our Site; and
• Do not, without LYV Naturally, LLC's written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.

LYV Naturally, LLC will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of LYV Naturally, LLC and its products. LYV Naturally, LLC reserves the right to cancel permission to link at any time, for any reason. 

LIMITATION OF LIABILITY

The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, LYV NATURALLY, LLC AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, LYV Naturally, LLC shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold LYV Naturally, LLC, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL

LYV Naturally, LLC is based in Santa Barbara, California, in the United States of America. LYV Naturally, LLC makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

LAW THAT APPLIES; INTERPRETATION AND MODIFICATION

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Santa Barbara, State of California, to adjudicate and resolve any dispute with LYV Naturally, LLC, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

COMPLETE AGREEMENT

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and LYV Naturally, LLC regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only LYV Naturally, LLC has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by LYV Naturally, LLC.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: LYV Naturally, LLC, 40 Oceano Avenue #17, Santa Barbara, CA 93109

LYV NATURALLY, LLC MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

November 2016