TERMS AND CONDITIONS
This product is not for use if you are pregnant or nursing. Living Well Brands LLC, and it’s affiliates are not responsible for misuse of this product.
AGREEMENT BETWEEN USER AND LIVINGWELLBRANDS.COM
Welcome to Livingwellbrands.com
The LivingWellBrands.com website (the “Site”) is comprised of various web pages operated by Living Well Brands LLC, is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of LivingWellBrands.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. LivingWellBrands.com is a E-commerce Site that provides high quality made in the USA CBD products.
Not Healthcare Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Living Well brands LLC, s’ employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by Living Well Brands LLC, nor do they represent the view or position of Living Well Brands LLC’s.
Living Well Brands sole responsibility for the results of any test or damages incurred by you due to those results. You should consult the manufacturer, testing lab, and administrator of the test for more information regarding the effects of CBD Vapor on the test result.
Information and statements regarding CBD, CBD oil, CBD Vapor or any other derivative of CBD have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any disease.
Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Florida in the United States, without regard to its choice of law provisions.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
This Agreement constitutes the entire and only Agreement between Living Well Brands LLC, and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of Living Well Brands LLC, Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Visiting LivingWellBrands.com or sending emails to Living Well Brands LLC, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Living Well Brands LLC, is not responsible for third party access to your account that results from theft or misappropriation of your account. Living Well Brands LLC, and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Living Well Brands LLC, does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use livingwellbrands.com only with permission of a parent or guardian.
Upon placing an order, we process them in the order they are received. Our goal is to ship all orders that are received by 2pm EST M-F business days only the same day (excludes holidays). This includes any shipments that are drop shipped by our various vendors. This policy may be delayed during peak shopping times and may delay your order 1-4 business days from being shipped. If the order is on back order there will be a delay in your purchase, and you will be contacted by a customer service representative if your item becomes no longer available and an immediate refund will be given.
All orders are shipped via USPS and tracking will be given on request.
Links to third party sites/Third party services
Livingwellbrands.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Living Well Brands LLC, is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Living Well Brands LLC, is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Living Well Brands LLC, of the site or any association with its operators.
Certain services made available via livingwellbrands.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the livingwellbrands.com domain, you hereby acknowledge and consent that Living Well Brands LLC, may share such information and data with any third party with whom Living Well Brands LLC, has a contractual relationship to provide the requested product, service or functionality on behalf of Livingwellbrands.com users and customers.
No unlawful or prohibited use/Intellectual Property
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Living Well Brands LLC, has no obligation to monitor the Communication Services. However, Living Well Brands LLC, reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Living Well Brands LLC, reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Living Well Brands LLC, reserves the right at all times to disclose any information as 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 Living Well Brands LLC, ’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Living Well Brands LLC, does not control or endorse the content, messages or information found in any Communication Service and, therefore, Living Well Brands LLC, specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Living Well Brands LLC, spokespersons, and their views do not necessarily reflect those of Living Well Brands LLC, s. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to Livingwellbrands.com or posted on any Living Well Brands LLC, web page
Living Well Brands LLC, does not claim ownership of the materials you provide to livingwellbrands.com (including feedback and suggestions) or post, upload, input or submit to any Living Well Brands LLC, Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Living Well Brands LLC, s, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Living Well Brands LLC, is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Living Well Brands LLC, sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Living Well Brands LLC, account to third party accounts. By connecting your Living Well Brands LLC, account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Living Well Brands LLC, from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Living Well Brands LLC, Content accessed through livingwellbrands.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Living Well Brands LLC, s, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Living Well Brands LLC, reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Living Well Brands LLC, in asserting any available defenses.
Living Well Brands LLC, reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pure Vape Now as a result of this agreement or use of the Site. Living Well CBD ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Living Well Brands LLC, ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Living Well Brands LLC, with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Living Well Brands LLC, with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Living Well Brands LLC, with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Living Well Brands LLC, reserves the right, in its sole discretion, to change the Terms under which livingwellbrands.com is offered. The most current version of the Terms will supersede all previous versions. Living Well Brands LLC, encourages you to periodically review the Terms to stay informed of our updates.