Terms and Conditions of Use and Sale

Terms & Conditions OF USE AND SALE

Last Revised: 5/22/2024

The following Terms and Conditions (the "Terms") govern your use of the LivPur website, www.LivPur.com, and all other online properties and applications (the "Site") operated by LivPur Nutrition ("LivPur", "we", or "us"), as well as your purchase of Products (defined below) through the Site. Our Privacy Policy and our Shipping and Returns Policy are hereby incorporated into these Terms by this reference and apply to your use of the Site and any Product purchase orders you place through the Site.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. We provide the Site in order to enable you to learn about, browse and purchase LivPur products (collectively, the "Products"). By using the Site, including by placing an order to purchase Products via the Site, you agree to these Terms without limitation or qualification. If you do not agree to these Terms in their entirety, then you must exit the Site immediately and discontinue any use of the Site.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS SET FORTH IN THE "ARBITRATION AGREEMENT" SECTION BELOW.

Eligibility. No part of the Site is intended for use by persons under the age of 18. We do not knowingly collect or solicit personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

Geographic Limitations. The Site is controlled and operated by LivPur from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or place orders for Products through the Site, you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Changes to the Site and these Terms. We reserve the right, at any time and in our sole discretion, to: (i) modify, suspend or discontinue the Site or any service, content, feature or Product offered through the Site, with or without notice; (ii) charge fees in connection with use of the Site; (iii) modify and/or waive any fees charged in connection with the Site; and/or (iv) offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or Product offered through the Site. Further, we reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site and prior to placing any orders for Products through the Site, you should review the current Terms & Conditions. You can determine when these Terms were last revised by referring to the "Last Revised" legend at the top of these Terms. Your continued use of the Site or submission of any order to purchase Products through the Site constitutes your acceptance of the current Terms.

Site Content. Unless otherwise noted, the Site and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, the selection and arrangement of such content, and the copyrights, logos, trade names, trademarks, trade dress, and/or other intellectual property rights in the foregoing (collectively, the "Site Content"), is the property of LivPur or our licensors, partners or affiliates and is protected by United States and international copyright, trademark, and other intellectual property laws. Any unauthorized use of any Site Content is strictly prohibited. All Site Content is provided on an "as is" and "as available" basis and we expressly disclaim all warranties of any kind, whether express or implied, with respect to the Site Content.

License and Access. We grant you a limited license to access and use the Site for personal, noncommercial use only. You may access and use the Site solely in accordance with all applicable laws and these Terms. You may download, print and copy Site Content for personal, noncommercial purposes only, provided you do not modify or alter the Site Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Site Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms. 

You shall not:

• Resell or make any commercial use of the Site or the Site Content;
• Copy, reproduce, distribute, publish, download, display, perform, post, or transmit any Site Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as set forth in these Terms;
• Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
• Frame or link to the Site, except as set forth in these Terms;
• Use a buying agent to conduct transactions on the Site;
• Conduct fraudulent activities on the Site;
• Use data mining, robots, or other data gathering devices on or through the Site;
• Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity on the Site;
• Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise;
• Disclose personal information about another person or harass, abuse, or post objectionable material on the Site;
• Use the Site in a way that is illegal or that otherwise results in fines, penalties, or any other liability for us or others;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Your actual or attempted violation of any of the foregoing may result in cancellation of orders, suspension or revocation of Site access, suspension or termination of your user account, and/or any other corrective action we deem necessary.

User Account. To facilitate purchases on the Site, you may be prompted to create an account by providing an email address and password. Your account is personal to you, and you should not share your account information with, or allow access to your account by, any third party. You are solely responsible for: (i) maintaining the security and confidentiality of your account and your account username and password; (ii) using reasonable efforts to prevent unauthorized access to or use of your account; and (iii) keeping the email address associated with your account current. You are solely responsible and liable for all activities that occur under your account, including, without limitation, purchases of Products through the Site.

If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by emailing info@LivPur.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account. We reserve the right to disable any user account at any time, for any reason. You agree that we shall not be liable to you or any third party for any termination of your account or access to the Site. You represent and warrant that the information you provide to us upon creating an account on the Site, and at all other times, will be true, accurate, current, and complete.

Electronic Communication. By registering for an account or otherwise providing us your email address and/or phone number, you consent to receive communications from us electronically by email and/or phone (including Text Messages), respectively. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

You may be presented with the option to receive SMS, MMS, or other text message notifications from us and on our behalf, including, but not limited to, notifications made using an automatic telephone dialing system (each, a "Text Message"). By consenting to receive Text Messages sent directly to your mobile phone, the following terms apply:

Message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your wireless carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text Messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "as is" and "as available" basis. Data obtained from you in connection with Text Message services may include your cell phone number, your wireless carrier's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. You also agree to notify us if your telephone number changes. Your receipt of Text Messages is subject to termination in the event that your mobile telephone service terminates or lapses. For more information on how we use telephone numbers, please view our Privacy Policy.

Product Orders. All orders of our Products must be for personal use only. By purchasing our Products, you agree not to resell or distribute such Products for any commercial purposes. We reserve the right, in our sole discretion, to take steps to verify your identity to process your order.

We reserve the right, in our sole discretion, to refuse to accept, choose not to process, or to cancel any order you place with us for any reason, including when we have reason to suspect a violation of these Terms. We also reserve the right, in our sole discretion, to limit quantities of Products purchased per account, per payment card, or per order. This may occur, for example, when the Product you wish to purchase is out of stock or has been mispriced, when we have reason to suspect that your order is not for personal use, or in other circumstances we deem appropriate in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

The Site describes and provides pricing for Products available for purchase, and may provide information regarding the availability of merchandise. The Product prices displayed do not include taxes and shipping costs. Any applicable taxes and shipping costs will be displayed on the checkout page before you place an order. Product price and availability information is subject to change without notice. We cannot guarantee that a Product listed as in stock when you place an order will actually be in stock when we attempt to process the order. If we determine that a product you ordered is no longer available, the item will be cancelled from your order and we will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

We may offer certain "quick shop" and/or "add to cart" (or similar) features for various Products. These features allow you to view price information about the Product and add the product to your cart without opening the Product page. These features are offered for your convenience only. The Product page is where you will find more detailed information about a Product, including Product descriptions and pricing.

We attempt to provide accurate descriptions of Products on the Site. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the Product, as specified in the Shipping and Returns Policy.

Without limiting the foregoing, we reserve the right, in our sole discretion, to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, Site Content, promotion offers, Product descriptions or specifications, or other information on the Site or with respect to Products without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by applicable law).

Payments. We currently use third parties to process payments. Our third-party payment processors ("Payment Processors") accept payments through various payment cards (including Visa, MasterCard, American Express and Discover) and other payment options (including PayPal), as detailed on the applicable payment screen. By placing orders on the Site, you agree to comply with the relevant terms and conditions of our Payment Processors.

You must provide current, complete, and accurate payment information in order to complete a purchase. By providing payment information, you consent to the processing of such information as described in our Privacy Policy. You must promptly notify us or the applicable Payment Processor if your payment information is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. You represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) utilized in connection with any transaction on the Site.

United States Dollars. All prices on the Site are stated in U.S. dollars, and any monetary transactions related to the Site and Products will take place in U.S. dollars. You are solely responsible for any fees or charges you may incur with respect to currency conversion.

Shipping. The shipping for all Products shall be governed by our Shipping & Returns Policy. From time to time, the Site may display certain shipping-related promotions or offers, such as free shipping and/or returns. Please note that such promotions and offers are subject to the terms and conditions set forth in the "Promotions" and/or "Offer Codes" sections of these Terms, in addition to any other terms and conditions that are provided when such promotions and/or offers are available on the Site. In all instances, any shipping promotions and offers are valid only within the continental United States. 

Loyalty Program, Promotions and Discounts. We may, from time to time and in our sole discretion, host, offer, or otherwise make available (i) one or more loyalty programs (each, a "Loyalty Program") whereby you may accumulate and redeem loyalty or rewards points on an individual basis; (ii) sweepstakes, contests, raffles, or giveaways (collectively, “Promotions”); and/or (iii) discounts for certain users or on certain items and/or discounts on Product bundles and similar offers (“Sitewide Discounts”) (collectively, “Discounts”). Loyalty Programs, Promotions and Discounts may be governed by terms and conditions that are separate from these Terms. All such terms and conditions are incorporated into these Terms by reference and apply to your participation in or use of any Loyalty Program, Promotions and/or Discounts. To the extent the terms and conditions for a Loyalty Program, Promotion or Discount conflict with these Terms, the Loyalty Program, Promotion or Discount rules will apply.

Offer Codes. From time to time, in our sole discretion, we may make available "offer" or "discount" codes (collectively, "Offer Codes"). Offer Codes are redeemable toward purchases on the Site, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by us in our sole discretion. Offer Codes cannot be applied to previously placed orders. Only valid Offer Codes posted on the Site or otherwise provided, promoted or authorized by us will be honored at checkout. Codes supplied or promoted by third parties that are not authorized by us will not be considered valid. Your actual or attempted use of any Offer Codes in a manner which violates these Terms or any other restrictions with respect to such Offer Codes as may be communicated by us may result in cancellation of orders, suspension or revocation of Site access, suspension or termination of your user account, and/or any other corrective action we deem necessary. Offer Codes are non-transferable, valid for one-time use only, and may not be combined with other offers or used in conjunction with the Referral Program. Offer Codes cannot be used toward the purchase of non-LivPur-branded products, packaging, or applicable fees or taxes. For online purchases, Offer Codes must be entered in the appropriate "offer code" field at checkout. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits are allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the merchandise purchased in connection with such Offer Code is returned. Expiry dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired, or otherwise where prohibited. Requests not complying with all Offer Code requirements will not be honored. We reserve the right to modify or cancel the availability of Offer Codes at any time.

Pre-Orders. We may, from time to time and in our sole discretion, offer or otherwise make available an option to pre-order out-of-stock or soon to be available Products that are not yet in inventory (“Pre-Order”). We reserve the right to modify Pre-Order benefits at any time and in our sole discretion, and any changes will apply to future orders. Only Products displaying a “Pre-Order” (or similar) offer message on the Site are eligible to be purchased on a Pre-Order basis. When you place a Pre-Order, we may collect no payment or a partial deposit at checkout, but you must supply your payment information consistent with the “Payments” section of these Terms above. We will store your payment information and charge you for the full or remaining payment amount when your Pre-Ordered Product becomes available and your order is fulfilled. We will attempt to notify you by contacting the email address provided at the time the Pre-Order was placed or associated with your user account when the Pre-Ordered Product becomes available and your order is fulfilled. You can cancel an unpaid or partially paid Pre-Order that has not yet been fulfilled by emailing us at info@LivPur.com. You cannot cancel a Pre-Order that has already been fulfilled, but you can return the Product consistent with our Shipping and Returns Policy. By placing a Pre-Order, you acknowledge and agree that we do not guarantee that the Pre-Order will be fulfilled within a certain timeframe. We reserve the right, in our sole discretion, to cancel Pre-Orders at any time. We will attempt to notify you by contacting the email address provided at the time the Pre-Order was placed or associated with your user account if we cancel your Pre-Order, and we will provide a full refund of any deposits paid for the Pre-Ordered Product(s) in the event of such a cancellation.

Subscriptions. We may, from time to time and in our sole discretion, offer or otherwise make available a subscription service whereby you may sign up to receive repeat deliveries of eligible Products based on the subscription duration and frequency that you select (a “Subscription”). We reserve the right to change Subscription benefits, including discount amounts (if any) applicable to Subscriptions, the price of Subscriptions, and the availability of Subscriptions, at any time and in our sole discretion. Any changes, including for existing Subscriptions, will apply to future orders. Only Products displaying a “Subscribe & Save” (or similar) offer message on the Site are eligible to be purchased on a Subscription basis. Subscriptions are void where prohibited. When you purchase a Subscription, your payment information will be stored and you will be charged for each subsequent delivery at the frequency you select. Some Subscriptions may auto-renew at the end of the selected duration. If you do not want the Subscription to renew, or if you want to cancel or modify your Subscription, you can do so at any time at any time by contacting us at info@LivPur.com. We reserve the right not to ship you a Subscription shipment for one or more Subscription periods. You will not be charged for any skipped Shipments. We also reserve the right to terminate your Subscription at any time and in our sole discretion. We will attempt to notify you by contacting the email address provided at the time the Subscription was purchased or associated with your user account if we terminate your Subscription, and we will provide a full refund of any Subscription payments already made for Products that have not yet shipped in the event of such a cancellation. All Products purchased with a Subscription are subject to our Shipping and Returns Policy.

Try Before You Buy. We may, from time to time and in our sole discretion, offer or otherwise make available a program whereby you may receive and “try” eligible Products before either purchasing or returning such Products (“Try Before You Buy”). We reserve the right to modify Try Before You Buy benefits at any time and in our sole discretion, including the length of the try-on period, and any changes will apply to future orders. Only Products displaying a “Try Before You Buy” (or similar) offer message on the Site are eligible to be purchased on a Try Before You Buy basis. When you make a Try Before You Buy purchase, your payment information will be stored, and you will have 14 days to decide if you want to keep the Product. Once the time has passed, if you have not returned the Product pursuant to our Shipping & Returns Policy, your payment method will be charged the price of the Product. We reserve the right to refuse Try Before You Buy transactions and/or suspend or terminate your access to Try Before You Buy benefits at any time and for any reason in our sole discretion. Title to each Product you order on a Try Before You Buy basis remains with us during the try-on period or until you purchase the Product, whichever occurs first. If you elect to keep any Product(s) in your Try Before You Buy order, or if you do not return Product(s) at the end of the trial, title to such Product(s) will pass to you when we charge you the purchase price. If you later return those Products, we will take title to them when we receive them from the carrier.

Linking to the Site. You may post links to the Site and/or Products on social media pages provided you do so in a way that, as determined in our sole discretion, does not violate these Terms, is fair and legal, and does not or is not likely to adversely affect our reputation. You must not, however, post links to the Site in such a way as to suggest any form of association, approval, or endorsement on our part without our consent. We reserve the right to withdraw permission for you to post links to the Site at any time and in our sole discretion.

Third-Party Links. From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services. You may be able to connect with these third parties through the Site, but this does not mean we endorse, monitor or have any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any third-party sites, including any terms of use and privacy policies applicable thereto or available thereon. We are not responsible for the content, policies, or activities of third parties and you interact with third parties at your own risk.

Spokespersons. From time to time, we may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the LivPur brand ("Spokespersons"), including on social media channels and platforms. Although such Spokespersons may be compensated or incentivized by us, we neither endorse nor are responsible for any opinion, advice, information, or statements made by any third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who provide them and may not reflect the opinions of LivPur. Spokespersons are required to clearly and conspicuously disclose any material connections to us in all communications concerning our Products, and we disclaim any liability with respect to any Spokesperson's failure to do so.

Gift Cards. From time to time, we may make LivPur gift cards available for purchase. LivPur gift cards are prepaid cards that have no monetary value unless activated. Gift cards are not redeemable for cash, returnable, or eligible for refunds, and the value of a gift card will not be replaced if it is lost, stolen, altered, or destroyed. Offer Codes and other discounts or promotional offers do not apply to the purchase of gift cards. The value of any gift cards in your cart is not included in the calculations for Sitewide Discounts. To activate a physical gift card, contact us at info@LivPur.com.

To the extent we make gift cards available for purchase, such gift cards will not expire and can be redeemed for use on the Site. Each transaction made using a gift card is debited against the gift card balance. If a transaction exceeds the gift card balance, the user must pay the difference between the transaction amount and balance. The gift card becomes inactive once the card value is depleted. Gift cards may not be resold by any unauthorized third parties, and we will not honor gift cards purchased from unauthorized third parties. We reserve the right, in our sole discretion, to invalidate any gift cards that we have a good faith reason to believe were obtained fraudulently or via other illegal or inappropriate means.

Feedback. We appreciate hearing from our customers and welcome your comments regarding the Site. Please be advised, however, that if you send us any ideas, suggestions, recommendations, comments, or the like ("Feedback"), you hereby assign to us all right, title and interest in and to such Feedback. We will not be subject to any obligation of confidentiality with respect to such Feedback and will not be liable for any use or disclosure thereof. We are entitled to unrestricted use of such Feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person, though we are not obligated to use such Feedback.

Reviews. From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, "Reviews"). By posting a Review on the Site, you hereby grant us an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up, worldwide license to reproduce, distribute, publicly display, transmit, publish, publicly perform, create derivative works from, and otherwise use and exploit (collectively, "Use") all Reviews you post to the Site, for any purpose, including promoting and marketing LivPur and the Products. You further grant us a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. You also hereby grant all other users of the Site an unrestricted, perpetual, royalty-free, fully paid up license to access and view your Review as permitted by the functionality of the Site. You further represent, warrant, and covenant that: (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us and other users the rights in your Reviews as contemplated under these Terms; and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate, or violate the rights of any party or entity, including a third party's patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws, or other similar restrictions on nonconsensual recording, or otherwise); or (C) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promote discrimination, bigotry, racism, or hatred, as determined by us in our sole discretion, or (ii) introduce viruses, worms, trojan horses, or other potentially harmful or malicious code.

We have no obligation to monitor this Site or any portion thereof. However, we reserve the right to monitor Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any Reviews. We, subject to our Privacy Policy, reserve the right to disclose, at any time and from time to time, any Reviews or other posted content or information as we deem necessary or appropriate, including, without limitation, to satisfy any applicable law, regulation, contractual or legal obligation, or governmental request.

Copyrights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
• Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
• Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
• Your name, address, telephone number, and email address (if available);
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to info@LivPur.com or:

DMCA Designated Agent

LivPur Nutrition

c/o PennPak Solutions

157 N Commerce Way

Bethlehem, PA 18017

Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Released Parties Defined. "Released Parties" include LivPur and our affiliates, and our and their respective officers, employees, agents, partners, and licensors.

Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT WITH RESPECT TO WARRANTIES THAT CANNOT BE WAIVED OR EXCLUDED UNDER APPLICABLE LAW: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED.

Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ANY ORDER FOR PRODUCTS PLACED, OR PURCHASE OF PRODUCTS, THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOU ARE DISSATISFIED WITH ANY PRODUCT PURCHASED THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN OR EXCHANGE THE PRODUCTS SUBJECT TO AND IN ACCORDANCE WITH OUR SHIPPING AND RETURNS POLICY.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

You agree to defend, indemnify, and hold harmless the Released Parties from and against any costs, expenses, fees, losses, liabilities, damages, claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) your use of the Site, including the purchase of any Products through the Site or your use of any such Products; (ii) your use or reliance on any third-party content; (iii) your use of or reliance on any Site Content; or (iv) or your violation of these Terms, any applicable laws, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Site, including the purchase or use of any Products through the Site, or any violation of these Terms, any applicable laws, or the rights of any third party.

Governing Law. All matters relating to the Site, these Terms, and the relationship between you and us, and any dispute or claim arising therefrom or related thereto, will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Arbitration Agreement. Except as expressly stated below, you and LivPur agree to submit any disputes relating to your use of the Site, including any purchase of Products through the Site, to binding and confidential arbitration to be conducted under the rules of the American Arbitration Association Rules for Arbitration of Consumer-Related Disputes ("AAA Rules") in English. Any such arbitration, to the extent necessary, will be conducted in New York County in the State of New York. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

In addition to the AAA Rules, you and LivPur agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

You covenant not to sue us in any other forum. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of Products, or these Terms:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Notwithstanding the foregoing, (i) to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York; and (ii) you can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply within one (1) year after such claim arose, provided that it is brought and maintained as an individual claim. If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the arbitration agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration.

This arbitration agreement provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.   

You can decline this agreement to arbitrate by providing written notice to us no more than 60 days following your initial acceptance of these Terms. Your written notice must be sent to info@LivPur.com and must include: (1) your name, (2) your address, (3) the email address associated with your online account with us, if you have one, and (4) a clear statement that you do not wish to resolve disputes with us through individual arbitration.

Termination. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, including the arbitration agreement, all representations and warranties, all limitations of liability and all indemnities, shall survive such termination.

Waiver. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought to be enforced.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Severability. If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

Entire Agreement. These Terms constitute the entire agreement between you and LivPur with respect to the Site and the purchase of Products through the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the subject matter hereof. Any rights not expressly granted herein are reserved.

California Residents. If you are a California resident, the following state-specific terms apply to you:

You shall and hereby do waive California Civil Code Section 1542, which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@LivPur.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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If you have any questions about the Terms, please contact us at info@LivPur.com.