TERMS OF USE
Last Updated: March 15, 2022
Welcome to the Lifestyle Performance Medicine brand website owned and operated by Lifestyle Performance Medicine, PA, (“Lifestyle Performance Medicine,” “Company,” “We,” “Us,” or “Our”).
PLEASE READ THESE TERMS OF USE (“TERMS OF USE” OR “AGREEMENT”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OWNED BY US OR OUR AFFILIATES, WITH LINKS TO THESE TERMS OF USE (COLLECTIVELY, THE “SITE”), OR ACCESSING OR USING ANY LIFESTYLE PERFORMANCE MEDICINE-CONTROLLED SOCIAL MEDIA PAGES IN ANY WAY, OR USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE OR THE LIFESTYLE PERFORMANCE MEDICINE’S SOCIAL MEDIA PAGES, INCLUDING BUT NOT LIMITED TO CONSULTATIONS WITH OUR DOCTORS, PAs OR ASSOCIATES (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”); COMPLETING THE REGISTRATION PROCESS; MAKING A PURCHASE AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
Your use of, and participation in, certain Services, such as contests and promotional events, may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you when you use the supplemental Service. The Supplemental Terms shall supplement the terms of these Terms of Use and be deemed a part of these “Terms of Use.” If these Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. In any event, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PERIODICALLY. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
I. PRIVACY
We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, by clicking HERE, and by using this Site you agree to the terms of the Privacy Policy.
II. WEBSITE
We grant you a limited license to access and use the Site for your personal, non-commercial use only, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal, non-commercial use. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws.
Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement. You agree that you will not harvest, collect or store information about the users of the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications.
III. COMPANY COMMUNICATIONS
By entering into these Terms of Use or using the Sites or Services, you agree to receive communications from the Company and our affiliates and representatives, which may include, without limitation, emails, push notifications, and SMS, MMS and other text messages (“Communications”). Text messages and emails may be directed to any telephone number and email address that you supply to us in connection with your creation of an Account or use of the Site or Services or that you otherwise agree we may use to communicate with you. Communications may include but are not limited to: informational, transactional, operational and customer service communications concerning your Account, product orders, payments, appointments or use of the Site or Services. If you provide us with your email address, you agree we may use it to send you offers, promotions and news about our company, products and Services. IF YOU OPT-IN TO RECEIVE PROMOTIONAL TEXT MESSAGE COMMUNICATIONS, YOU MAY ALSO RECEIVE OFFERS, PROMOTIONS AND OTHER MARKETING-RELATED COMMUNICATIONS VIA TEXT MESSAGE. YOU AGREE THAT TEXT MESSAGES MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY. Message frequency will vary. You also agree that carrier Message and Data Rates may apply to any text messages you receive in accordance with your carrier rate plan. YOUR CONSENT TO RECEIVE AUTODIALED PROMOTIONAL TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF ANY PURCHASE. To opt out of promotional emails, follow the unsubscribe options in the promotional email itself. To opt out of text messages, you can reply with the word “STOP” to any text message you receive from us. However, you acknowledge that opting out of receiving text messages may impact your use of the Services.
IV. YOUR ACCOUNT
When you set up an account with Lifestyle Performance Medicine (your “Account”), you are required to provide certain information, including your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. We have no obligation to investigate the authorization or source of any such access or use of the Site and Services.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACCESS AND USE OF YOUR ACCOUNT INFORMATION AND ALL PURCHASES AND ACTIVITIES THAT OCCUR UNDER OR IN CONNECTION WITH THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS), WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU.
Please notify us immediately if you become aware that your Account Information is being used without authorization, or any other breach or threatened breach of this Site’s security.
In registering an Account on the Site or making a purchase through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) or any other prompts; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By registering an Account or making a purchase through the Services, you represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site; (c) do not have more than one (1) Account at any given time for the Site; (d) are not a person barred from using the Site or Services under the laws of the United States, your place of residence or any other applicable jurisdiction; and (e) you will only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) or purchase of any product. You agree not to register for an Account on behalf of an individual other than yourself without such individual’s authorization or register for an Account on behalf of any group or entity. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and Services by minors.
At the time of your first order, we will request shipping and payment information for your chosen payment method. You agree that if your payment information changes (e.g., card number, expiration date or other card details) we may update your payment information with information your bank or credit card issuer or our payment processor may supply to us, or other information available to us, and continue to charge your payment method.
V. INTELLECTUAL PROPERTY RIGHTS
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Lifestyle Performance Medicine or by other parties that have provided rights thereto to Lifestyle Performance Medicine.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
VI. PURCHASE OF PRODUCTS
Products and Services. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
Order Acceptance. Each part of any order that you submit to Lifestyle Performance Medicine constitutes an offer to purchase. If you do not receive a message from Lifestyle Performance Medicine confirming receipt of your order, please contact our customer service department at support@3.87.5.84 before re-entering your order. Lifestyle Performance Medicine’s confirmation of receipt of your order does not constitute Lifestyle Performance Medicine’s acceptance of your order. Lifestyle Performance Medicine is only deemed to have accepted your order once the product(s) you ordered have been shipped.
Order Issues. We reserve the right to cancel any order or refuse any purchase made through our Site.
No Resale. All purchases of products and services through the Site are for personal, non-commercial use only and you agree not to resell product without expressed written consent from Lifestyle Performance Medicine. The sale or linking of our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is expressly prohibited.
International Shipping. We do not ship outside the United States.
VII. SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION
By signing up for a subscription, your subscription will automatically renew on the first day following the end of such subscription period indicated on your Order Summary (each a “Renewal Commencement Date”) and continue for an additional period equal to the number of days of your initial subscription period, at our price for such subscription, plus applicable shipping and taxes. You agree that your account will be subject to this automatic renewal feature unless you (i) defer your next order or (ii) cancel your subscription. You can cancel at any time from your account page, until the day your next subscription period begins to prevent renewal charges, but you will not receive a refund for the remainder of your then-current subscription period. Upon the expiration of your deferral period, your subscription shall again be subject to the automatic renewal process described above.
By subscribing, you authorize us to charge your payment provider for your initial subscription period, and again at the beginning of any subsequent subscription renewal period for the fees agreed upon. Your charges may change if we change our pricing with notice to you. If you choose to cancel your subscription at any time, your subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
VIII. BILLING AND PAYMENTS
Payment. You agree to pay all order fees or other charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement to determine your rights and liabilities. By providing Company with your credit card number or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information and we may also obtain updated information from your issuing bank, card network or our payment processor. You agree we may continue to charge your payment method following any such update. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
Taxes. You may be charged tax, if applicable. You agree to pay all applicable taxes.
Third Party Provider. We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize us and our third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact support@3.87.5.84.
Disputes. Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Notices of billing disputes should be directed to the following address: 100 S. Baylen Street, Pensacola, Florida 32502.
Return Policy. Unless there is something wrong with the item, for health and safety reasons Lifestyle Performance Medicine DOES NOT ACCEPT RETURNS of prepackaged supplements. All sales are final and there are no refunds, returns or exchanges. Before making a purchase please carefully review your selection, quantity and subscription information. We do not offer credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so. You may cancel your subscription at any time. Unless you cancel at least 24 hours before the start of your next billing period, you will be charged for the next billing period. If you are dissatisfied for any reason please contact our support team at support@3.87.5.84.
IX. DISCLAIMER OF WARRANTIES AND CONDITIONS.
As Is. WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE IS AT YOUR SOLE RISK, AND THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM THE USE OF THE SITE, PRODUCTS OR SERVICES.
WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR STANDARDS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, SAFETY, INTEGRITY, ACCURACY, EFFICACY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIFESTYLE PERFORMANCE MEDICINE OR THROUGH OUR SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOT INTENDED AS MEDICAL ADVICE. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE AND PROVIDED THROUGH THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND. THE INFORMATION PRESENTED ON THE SITE OR THROUGH THE SERVICES SHOULD NOT BE INTERPRETED OR CONSTRUED IN ANY WAY AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON THE SITE INCLUDING THROUGH YOUR CONSULTATION(S) WITH A LIFESTYLE PERFORMANCE MEDICINE PRACTITIONER. UNDER NO CIRCUMSTANCES SHOULD YOU ALTER YOUR EXISTING MEDICATION, SUPPLEMENTATION, DIETARY OR PHYSICAL REGIMEN BASED ON ANY INFORMATION PROVIDED THROUGH THE SITE OR THROUGH THE SERVICES, INCLUDING ANY ADVICE, RECOMMENDATIONS AND/OR INFORMATION PROVIDED BY A LIFESTYLE PERFORMANCE MEDICINE PRACTITIONER WITHOUT CONSULTING WITH YOUR PHYSICIAN. IT IS IMPORTANT FOR YOU TO DISCUSS YOUR TREATMENT OPTIONS, AND ANY QUESTIONS THAT YOU MAY HAVE IN CONNECTION WITH ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES, WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOUR ACCESS TO OR USE OF THE SITE AND THE SERVICES PROVIDED THEREIN IS NOT INTENDED TO CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON THE PART OF LIFESTYLE PERFORMANCE MEDICINE.
THE PRODUCTS AND CLAIMS MADE IN CONNECTION WITH PRODUCTS ON THE SITE OR THROUGH THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY SUPPLEMENT PROGRAM OR TAKING ANY MEDICATION OR IF YOU SUSPECT YOU MAY HAVE A HEALTH PROBLEM.
PLEASE CAREFULLY READ ALL INFORMATION PROVIDED BY LIFESTYLE PERFORMANCE MEDICINE IN CONNECTION WITH ANY PRODUCT AND ON ANY PRODUCT LABEL OR PACKAGING BEFORE USING SUCH PRODUCT. EACH PERSON IS DIFFERENT AND THE WAY ONE PERSON REACTS TO A PRODUCT MAY BE SIGNIFICANTLY DIFFERENT THAN THE WAY ANOTHER PERSON REACTS. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY POTENTIAL INTERACTIONS BETWEEN THE PRODUCTS AND MEDICATIONS AND/OR SUPPLEMENTS YOU ARE CURRENTLY TAKING.
WHILE WE ENDEAVOR TO KEEP THE MATERIALS ON THE SITE CURRENT, HEALTHCARE INFORMATION CHANGES RAPIDLY AND THUS, THE MATERIALS ON THE SITE SHOULD NOT BE RELIED UPON TO BE FULLY COMPREHENSIVE, ACCURATE OR ERROR FREE. WE DO NOT RECOMMEND, ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE ACCURACY, COMPLETENESS, TIMELINESS, QUALITY, EFFICACY OR NON-INFRINGEMENT OF ANY OF THE PROGRAMS, MATERIALS, PRODUCTS OR OTHER INFORMATION PROVIDED ON THE SITES OR BY THE COMPANIES OR ORGANIZATIONS LINKED OR REFERRED TO ON THE SITE, INCLUDING BUT NOT LIMITED TO THE LINKED SITES. WE DO NOT ADVOCATE THAT YOU ATTEMPT TO TREAT YOURSELF, YOUR FAMILY, SOMEONE YOU KNOW, OR ANY OTHER INDIVIDUAL WITHOUT PROPER MEDICAL SUPERVISION. WE ENCOURAGE YOU TO SEEK THE GUIDANCE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU FEEL THAT YOU, YOUR FAMILY OR SOMEONE THAT YOU KNOW SUFFERS FROM THE CONDITIONS DESCRIBED ON THE SITE. IF YOU REQUIRE URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
News, Blog Posts and Press Releases. The Site may contain information, news, press releases and/or other postings. We will use reasonable care to ensure that such information, news, press releases or other postings are accurate at the time they are added to the Site. Please note, however, that we cannot guarantee that any information posted on the Site is accurate, and we shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information.
X. INDEMNIFICATION.
You agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers (“Lifestyle Performance Medicine Parties”) harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with (i) your use of the Site or any service available on or through the Site, (ii) any violation by you of these Terms of Use, or any other policy posted from time to time on the Site applicable to your use of the Site, or (iv) your violation of any applicable laws or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Lifestyle Performance Medicine. Lifestyle Performance Medicine will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XI. LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL A LIFESTYLE PERFORMANCE MEDICINE PARTY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT A LIFESTYLE PERFORMANCE MEDICINE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATED TO THE SITE OR PRODUCTS OR SERVICES OFFERED ON THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFESTYLE PERFORMANCE MEDICINE PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT OF FEES PAID TO LIFESTYLE PERFORMANCE MEDICINE BY YOU PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (b) $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LIFESTYLE PERFORMANCE MEDICINE PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A LIFESTYLE PERFORMANCE MEDICINE PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A LIFESTYLE PERFORMANCE MEDICINE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
EXCLUSION OF DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
XII. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section XII (“Arbitration Agreement”) carefully. Subject to your right to opt-out, as further described in this Arbitration Agreement, it requires you to arbitrate disputes with Lifestyle Performance Medicine, includes a broad waiver of your right to participate in class actions and your constitutional right to a jury trial, and otherwise limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or request for relief by or against the Company arising out of or relating in any way to your access to or use of the Site, any Communications you receive, any products sold or distributed through the Site, the Services, or these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Lifestyle Performance Medicine may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, the terms “we”, “us” or “Lifestyle Performance Medicine” mean Lifestyle Performance Medicine, Inc. and any of its predecessors, successors, assigns, corporate parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents and representatives.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Lifestyle Performance Medicine. If that occurs, Lifestyle Performance Medicine is committed to working with you to reach a reasonable resolution. You and Lifestyle Performance Medicine agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Lifestyle Performance Medicine therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@3.87.5.84 or regular mail to our offices located at Lifestyle Performance Medicine, 100 S. Baylen Street, Pensacola, Florida 32502, Attn: Disputes. The notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Waiver of Jury Trial. YOU AND LIFESTYLE PERFORMANCE MEDICINE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lifestyle Performance Medicine are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Lifestyle Performance Medicine.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Lifestyle Performance Medicine makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Lifestyle Performance Medicine at the following address: Lifestyle Performance Medicine, 100 S. Baylen Street, Pensacola, FL 32502. In any event, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Terms of Use and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating to this Terms of Use, Services or your use of the Services, the provisions of the “Dispute Resolution” section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use) remain in full force and effect. Lifestyle Performance Medicine will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms of Use.
XIII. GENERAL PROVISIONS.
Electronic Communications. The communications between you and Lifestyle Performance Medicine may take place via electronic means, whether you visit the Site or send Lifestyle Performance Medicine e-mails, or whether Lifestyle Performance Medicine posts notices on the Site or the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Lifestyle Performance Medicine in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lifestyle Performance Medicine provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Release. You hereby release Lifestyle Performance Medicine Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site, Lifestyle Performance Medicine’s products, or Services, including but not limited to, any interactions with or conduct of third-party websites of any kind arising in connection with or as a result of these Terms of Use or your use of the Site or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Lifestyle Performance Medicine Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, Lifestyle Performance Medicine’s products, or any Services provided hereunder.
Force Majeure. Lifestyle Performance Medicine shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Site, Lifestyle Performance Medicine’s products, or Services, please contact us at support@3.87.5.84. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 .
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Lifestyle Performance Medicine agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Florida.
Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
Notice. Where Lifestyle Performance Medicine requires that you provide an e-mail address, you are responsible for providing Lifestyle Performance Medicine with your most current e-mail address. In the event that the last e-mail address you provided to Lifestyle Performance Medicine is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Lifestyle Performance Medicine’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lifestyle Performance Medicine at the following address: Lifestyle Performance Medicine, 100 S. Baylen Street, Pensacola, FL 32502. Such notice shall be deemed given when received by Lifestyle Performance Medicine by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer any products, services or technology of Lifestyle Performance Medicine except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the products or services, and any other applicable laws. In particular, but without limitation, Lifestyle Performance Medicine’s products, services and technology may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site or Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site or Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Lifestyle Performance Medicine are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Lifestyle Performance Medicine products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Copyright/Trademark Information. Copyright ©2022 Lifestyle Performance Medicine. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
Contact Information:
Lifestyle Performance Medicine
Address: 423 N Baylen St, Pensacola, FL 32501
Email: support@lifestyleperformancemedicine.com
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LIFESTYLE PERFORMANCE MEDICINE
423 N BAYLEN ST, PENSACOLA FL 32501
CONTACT@LIFESTYLEPERFORMANCEMEDICINE.COM
HELP CENTER