LIVING SIMPLY WELL TERMS OF USE.
Effective Date: October 1, 2023
These Terms of Use govern your use of any website, application, or service (collectively the “Services”) owned and operated by Living Simply Well, LLC, a Wisconsin Limited Liability Company, 719 Shelly Lane, Onalaska, WI 54650, or its affiliates and subsidiaries (referred to as “Living Simply Well,” the “Company,” “we,” or “our” as applicable) that displays or links to these Terms of Use.
PLEASE NOTE THAT SECTION 10 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND LIVING SIMPLY WELL WOULD BE RESOLVED.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
1. Modification of Terms. We also reserve the right to modify these Terms of Use at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. If you do not agree to our changes, you can stop using the Services at any time.
2. Accounts & Subscriptions; Payments.
a. Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Living Simply Well, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
b. To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.
c. Account Security. You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.
3. Payments. All payments or purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
4. Payment and Financial Transaction Processing. We may use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.
5. Limitations on Use of the Services. The Services are available for your personal, noncommercial use. Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms of Use). Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account and access to the Services (with or without refunding any payments you have made for premium access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services does not give you ownership of any intellectual property rights to the content that you access. You may not use content from the Services unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law. When you use the Services, you agree to comply with all laws applicable to you.
6. Ownership and Use of Content; User Submissions; Acceptable Use.
a. Definitions. As used in the Terms of Use, “Content” means any form of information, data, or creative expressions and includes, without limitation, video, films, audio, photographs, images, designs, illustrations, articles, workouts, recipes, training plans, software, features and all intellectual property embodied therein, any of which may be generated, provided or otherwise made available or accessible on or through the Services. “User Generated Content” has the meaning as stated in Section 5.3 below, “User Content” has the meaning as stated in Section 5.4 below, and “Living Simply Well Content” is anything that is not User Generated Content or User Content.
b. Living Simply Well Content License. All Living Simply Well Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Services belong to Living Simply Well and/or its partners or applicable third parties. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and license to access and use the Services and the Living Simply Well Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, creative derivative works, reverse engineer, sell, assign, sublease, transfer or otherwise commercially exploit any right in the Living Simply Well Services or Content.
c. User Generated Content License. We may provide solicited or unsolicited opportunities for you to post, upload, or submit content on or through the Services (collectively, “User Generated Content”), including User Content (as defined below). This is completely voluntary. Other than User Content, all information that you post, upload, or submit may be publicly accessible via the Services and used in Living Simply Well promotional content. You waive all moral rights or rights of attribution to the User Generated Content. You grant Living Simply Well, its agents, licensees, and assigns an irrevocable, perpetual, world-wide, non-exclusive, sub-licensable, royalty-free, and transferable right and license to reproduce, encode, store, copy, transmit, publish, resell, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use User Generated Content. You also grant each user of the Services a perpetual, irrevocable, non-exclusive license to access the User Generated Content that you post, upload, or submit and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Services and under these Terms of Use. This license continues even if you stop using the Services. The Company reserves the right to reject the User Generated Content in its solediscretion. User Generated Content may be edited or removed at our discretion and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. By submitting User Generated Content, you consent to the display and publication of such content on or within the services and for related online and offline promotional uses.
d. Personal User Content. We may provide opportunities for you to store your own preferences, settings, or content for later retrieval on certain Services (“User Content”). User Content is a form of User Generated Content and subject to Section 4 of these Terms of Use. We reserve the right to remove User Content from the Services at our discretion, including if the User Content violates these Terms of Use. User Content may be subject to inadvertent damage, corruption, or loss. User Content that is deleted may be irretrievable. We are not liable for deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. We recommend that you always backup User Content.
7. Representations & Warranties. If you submit any User Generated Content by any means, you represent and warrant that: (a) you are not violating any law, (b) you are not impersonating another person, (c) you own the User Generated Content, (d) you have the right to post, upload, or submit the User Generated Content, © all User Generated Content represents your own work, (f) you did not purchase any of the User Generated Content prior to submitting it to the Company, (g) you have redacted any sensitive personal information or other personally identifiable information that you do not wish to be made publicly available, (h) by uploading User Generated Content you agree to intentionally disclose the User Generated Content to other users on the Services subject to these Terms of Use, and (i) you may not be compensated for User Generated Content submitted via the Services at the Company’s discretion.
8. Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.
9. Release Agreement. You release and discharge the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns of any and all claims arising out of your disclosure of User Generated Content, including but not limited to any use of the User Generated Content by a user of the Services for a purpose that the Company prohibits in these Terms of Use.
10. Living Simply Well Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any Living Simply Well Content that is published on or made available through the Services, and we make no commitment to update such Content.
11. Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.
12. Trademark & Copyright Restrictions. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Living Simply Well and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
13. Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:
a. a description of the copyrighted work that you claim has been infringed;
b. a description of where the material that you claim is infringing is located on the website;
c. your email address or other contact information that is sufficient for us to contact you;
d. a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. a statement by you that the above information in your notice to Living Simply Well is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
14. Warranties and Disclaimers. To the maximum extent permitted by applicable law, you agree that Living Simply Well is not providing medical advice via the Services. All content provided through the Services, whether provided by Living Simply Well or others, is not intended and should not be used in the place of (a) the advice of your physician or other medical professionals; (b) a visit, call or consultation with your physician or other medical professionals; or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events that you learn about through the services. Should you have any health-related questions, please call or visit your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
BY USING THE SERVICES, YOU EXPRESSLY AGREE THAT: (A) THE COMPANY IS NOT PROVIDING HEALTH OR MEDICAL ADVICE VIA THE SERVICES; (B) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR ACTIVITIES, INCLUDING ATHLETIC ACTIVITIES; AND (C) LIVING SIMPLY WELL DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY ORGANIZED OR PROMOTED ON THE SERVICES OR BY LIVING SIMPLY WELL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVING SIMPLY WELL IS NOT RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURY, ILLNESS, OR DAMAGES SUSTAINED FROM YOUR USE OF, OR INABILITY TO USE, ANY SERVICES OR FEATURES OF THE SERVICES, INCLUDING ANY CONTENT OR ACTIVITIES YOU ACCESS OR LEARN ABOUT THROUGH THE SERVICES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF LIVING SIMPLY WELL OR OTHERS. IF YOU CHOOSE TO PARTICIPATE IN ANY PROGRAMS,SERVICES OR ACTIVITIES ORGANIZED OR PROMOTED ON THE SERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN BEFORE ENGAGING IN ANY ACTIVITIES OR MAKING ANY NUTRITIONAL DECISIONS BASED ON THE CONTENT OF OUR WEBSITES AND/OR APPLICATIONS. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SERVICES, THE SERVICES PROVIDED ON THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THAT THE SERVICES WILL BE FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE RELIABILITY, COMPLETENESS, SECURITY, QUALITY, ACCURACY, AVAILABILITY, OR APPLICABILITY TO YOU OF THE SERVICES, ANY CONTENT PROVIDED ON THE SERVICES, OR ANY SERVICES OFFERED BY THE COMPANY VIA THE SERVICES OR ELSEWHERE ONLINE OR OFFLINE. WE PROVIDE THE SERVICES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
15.Indemnification; Limitation of Liability. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms of Use, the User Generated Content you create or share through the Services, and any of your activities related to or in connection with the Services.
EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SERVICES IN THE PAST TWELVE (12) MONTHS, OR $500.
16. Disputes - If you are a resident of the United States: You agree that any dispute or claim arising out of your use of any of the Services or any products or Subscriptions sold on the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use. Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. 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 notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Denver, Colorado, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Living Simply Well agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Living Simply Well waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Living Simply Well may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding. This agreement to arbitrate will not preclude you or Living Simply Well from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Living Simply Well from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Living Simply Well’s intellectual property rights. If you are a resident of the European Union: Notwithstanding anything to the contrary in these Terms of Use, if there is a dispute that you and Living Simply Well cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms of Use, we do not participate in any ADR scheme.
• In addition, nothing in these Terms of Use limits your rights to bring an action against Living Simply Well in the local courts of your place of domicile. All disputes arising under the Terms of Use between you and Living Simply Well will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in Ireland, and you and we hereby submit to the personal jurisdiction and venue of these courts.
17. Notices. When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us.
18. United States Operations; International Disclaimer The Services are controlled and primarily operated by Living Simply Well from its offices within the United States of America, and our policies and procedures a re based primarily on United States law. If you are not a United States resident and accessing our Content or Services from Living Simply Well the United States, the following provisions apply: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) you are not authorized to access or make use of the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals”; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Living Simply Well or its affiliates to any registration requirement within such jurisdiction or location.
19. Additional Details
a. Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.
b. Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.
c. Third Party Software. The Services may incorporate certain third-party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third-Party Software. Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third-Party Software.
d. No Waiver. If you do not comply with these Terms of Use, and we don’t take enforcement action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking enforcement action in the future).
e. Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the state of Wisconsin without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and or your use of any of the Services resides in the courts located in La Crosse County, Wisconsin, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
f. Miscellaneous. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Company relating to the use of this Services and supersedes and replaces any prior agreement and communication between the parties.
g. California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
h. Contact Us. If you have any feedback, questions or comments about the Services, please contact us by mail at: Living Simply Well, LLC, 719 Shelly Lane, Onalaska, WI 54650.