Thank you for visiting a Living Better Direct website ("Site"). The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit an order for our product, you are certifying that you have read and agree to all terms and conditions contained in this agreement.
Scope of Agreement
THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
Modification of Agreement
We may amend the Agreement from time to time in our sole discretion without specific notice. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or continued receipt of Company services and products, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for update and/or changes.
THE PRODUCTS AND THE CLAIMS MADE ABOUT SPECIFIC PRODUCTS ON OR THROUGH THE SITE HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND ARE NOT APPROVED TO DIAGNOSE, TREAT, CURE, OR PREVENT DISEASE. THE INFORMATION PROVIDED ON THE SITE OR IN EMAILS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. You should not use the information on the Site for diagnosis or treatment of any health problem. If you are pregnant, nursing, taking prescription medication(s), have any medical condition, or suspect you might have a health problem consult your healthcare provider before using any health supplement or starting any diet, exercise, or supplementation program. Not intended for use by persons under 18 years of age.
Accuracy of Information
We have attempted to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Site.
Orders and Billing
In consideration for the products you order from Company, you agree to pay the sums listed at the time such sums are due and owing. Moreover, by purchasing any products, you will be responsible for paying any applicable sales tax indicated on the Site; Utah Sales Tax is applied to all items shipped to a Utah, USA address. Authorization for the Company to provide and bill for the Company services and products is obtained by way of your electronic signature, credit card authorization, or voice affirmation. Once an electronic signature, credit card authorization or voice affirmation is submitted, this order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. If a customer’s credit card is declined for the payments due, we reserve the right to break down payments into multiple payments until the cost of the items billed/shipped and retained by customer, have been paid in full. Our customer service representatives can resolve any billing issues that you may have. You may contact our customer service department via our phone number: 1-888-589-8145, Monday–Friday 8am-5pm MST. Please be sure to reference your order number when contacting customer service.
Chargebacks and Reversals
We handle all chargebacks and reversals as potential cases of fraudulent use of our product offer and/or theft of product. In cases where we have provided a product and we have verified that a client has received a product and/or refused or returned product(s), whether or not they have used the product in any way, possible actions taken by the Company may include filing a complaint with the Internet Crimes Bureau and/or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of product and possible mail fraud which is a Federal Crime. All cases of chargeback requests will be vigorously fought by the Company. BE AWARE that if you choose to claim your online transaction was fraudulent that all activity and IP address information is captured. This digital proof of whom and where the order was placed will be submitted to the proper authorities. This information may be used in a civil and/or criminal case against a customer if there is fraudulent use or theft of product(s).
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from purchasers such as a telephone confirmation of your order and other information necessary for verification. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, its affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, employees, and advertising partners from and against any and all claims, demands, losses, damages, expenses, and costs, including reasonable attorneys’ fees, whatsoever that any third party may make due to or arising out of content you submit, post to, or transmit through the service; your use of or connection to the service and products (including any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the Site using your Internet account or using Company services and products); your violations of the Agreement (whether alleged or otherwise); or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation or malpractice).
Disclaimer of Warranties
YOUR USE OF THE SITE AND COMPANY SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but not as a limitation thereof, the Company makes no warranty that that the Site, the products and/or any other products and/or services offered on the Site and/or from the Company: (i) will meet your requirements; (ii) will be uninterrupted, timely, secure or error-free or that defects will be corrected; (iii) will be free of viruses or other harmful components; (iv) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement; (v) will result in any specific health-related outcome; and/or (vi) will be accurate or reliable. The Site, the products and/or any other products and/or services offered on the Site and/or from the Company may contain bugs, errors, problems, or other limitations. Company is not liable for the availability of the underlying internet connection associated with the website. No advice or information, whether oral or written, obtained by you from the Company or otherwise through or from the Site shall create any warranty not expressly stated in the Agreement.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) the use or the inability to use the Site, the products and/or any other products and/or services offered on the Site and/or from the Company; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Site and/or from the Company; (iii) the failure to realize any specific result from use of the product or health-related outcome; and (iv) any other matter relating to the website, the products and/or any other products and/or services offered on the Site and/or from the Company. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of Company to you under any and all circumstances will be the amount you paid for the products ordered and paid for on the Site and/or from the Company. No action, regardless of form, arising out of your use of the Site, the products and/or any other products and/or services offered on the Site and/or from the Company may be brought by you more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Company. Access to the Site and/or the services and products would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions company liability shall be limited to the maximum extent permitted by law.
All newsletters, logos, page headers, custom graphics, and icons are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Site are the property of their respective owners. The Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
Third Party Websites
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).