PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING “https://www.vegansmart.com” BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
Welcome to www.livevegansmart.com. Prevention, LLC and/or its affiliates (“Naturade”) provide website features to you subject to the following conditions. If you visit or shop at www.livevegansmart.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Naturade service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The information contained in this site, or provided to you in response to a request made or a question asked by you, is provided for informational purposes only and is intended to provide users with a general understanding of certain wellness and health care topics. The information should not be considered complete and does not cover all health issues. Naturade does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. The information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of something you have read on this site or in response to your inquiries or questions that you do not need to consult a health care professional nor should you rely on information to cure an ailment or alleviate pain. Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this site or as a result of the answer to any of your e-mail inquiries. The information is not a substitute for professional medical advice and nothing contained on this site or in a response to an e-mail is intended to be instructional for medical diagnosis or treatment.
Please review our Privacy Notice, which also governs your visit to www.livevegansmart.com, to understand our practices.
When you visit www.livevegansmart.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Naturade or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Naturade and protected by U.S. and international copyright laws. All software used on this site is the property of Naturade or its software suppliers and protected by United States and international copyright laws.
NATURADE, SYMBIOTICS, AGELESS FOUNDATION LABORATORIES, EXPEC, NATURADE TOTAL SOY, COMPLETE CLEANSE, DIET LEAN, POWER SHAKE, ALPHATROPHIN, BIO-LIPID, COLOSTRUM PLUS, IMMUNE SUPER PRO, PRO SYMBIOTICS, TRYPTOZEN and other Naturade graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Naturade in the U.S. and/or other countries. Naturade’s trademarks and trade dress may not be used in connection with any product or service that is not Naturade’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Naturade. All other trademarks not owned by Naturade that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Naturade.
LICENSE AND SITE ACCESS
Naturade grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Naturade. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Naturade. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Naturade without express written consent. You may not use any meta tags or any other “hidden text” utilizing Naturade’s name or trademarks without the express written consent of Naturade. Any unauthorized use terminates the permission or license granted by Naturade. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.livevegansmart.com so long as the link does not portray Naturade, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Naturade logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Naturade does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use www.livevegansmart.com only with involvement of a parent or guardian. Naturade reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
If you submit material to Naturade, and unless we indicate otherwise, you grant Naturade a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Naturade and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you send; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Naturade for all claims resulting from content you supply.
Naturade respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from Naturade are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Naturade attempts to be as accurate as possible. However, Naturade does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Naturade itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Naturade, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after we have confirmed that the item is in stock and your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Naturade. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Naturade ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Naturade MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Naturade DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Naturade DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Naturade ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Naturade WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting www.livevegansmart.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Naturade.
Any dispute relating in any way to your visit to www.livevegansmart.com or to products sold or distributed by Naturade or through www.livevegansmart.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to www.livevegansmart.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Naturade – Prevention, LLC
2030 Main Street
Irvine, CA 92614
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Naturade’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Naturade that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the URL and product SKU, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Prevention, LLC’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Prevention, LLC Legal Department
2030 Main Street
Irvine, CA 92614
e-mail: [email protected]