ACCESS TO THIS SITE
YOU MUST BE TWENTY ONE (21) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY ONE (21) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDEN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
RESTRICTIONS ON USE
You may not use this site for any illegal purpose, and by using this site you represent and warrant to LivWell that your usage of the site conforms to all applicable law.
This site may be hyperlinked to other sites which are not maintained by, or related to, LivWell or the third parties that provide Content. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or LivWell. LivWell has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and LivWell makes no representations or warranties about the safety or content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by LivWell of that site.
You understand that LivWell cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You, not LivWell, are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. LivWell does not assume any responsibility or risk for your use of the Internet, and expressly disclaims any responsibility to do so or any attendant liability. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by LivWell. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. LivWell disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. LivWell does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and LivWell may make changes or improvements at any time (including while you are accessing the site). You, and not LivWell, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LIVWELL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and LivWell does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
LIVWELL HOLDINGS, INC., BEYOND BROADWAY, LLC, GREEN BRANDS, LLC AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LIVWELL HOLDINGS, INC., BEYOND BROADWAY, LLC, GREEN BRANDS, LLC AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Trademarks, service marks, and logos appearing in this site are the property of LivWell or the party that provided the trademarks, service marks, and logos to LivWell. LivWell and any party that provided trademarks, service marks, and logos to LivWell retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Specifically, this Policy will explain:
a) What personal data is collected from you through our website;
b) Why we collect this data and the legal basis for such collection;
c) How we use collected data and with whom it may be shared;
d) Your rights pertaining to collected data and what choices are available to you regarding the use of your data; and
e) What security procedures we have in place to protect against misuse of collected data.
Information We Collect
The types of information that we collect may include, but is not limited to:
a) personal information (such as name, age, gender, date of birth, email address, household income, and phone number);
b) purchase information (such as purchased items and loyalty points accrued);
c) technical information (such as IP address, type of operating system, type of web browser, and cookie information);
d) communication information (such as correspondence conducted via the website).
LivWell strives to collect only the personal data that we need. Whether you disclose information to us is your decision, now and in the future, however some products and services can only be provided with the disclosure of certain information. Should you choose not to disclose information LivWell reserves the right to decline to register you as a user or provide certain products or services.
How We Collect Information
Information collected by LivWell is collected directly from you when you subscribe to our loyalty program or provide the information voluntarily by other means.
All purchase information collected by LivWell is collected from you when you purchase items at a LivWell store. This may include personal data such as, but not limited to, name, address, identification information, date of birth, and other personal information.
All technical information and communications information collected by LivWell is collected via our website.
Why We Collect Information and for How Long
We collect your data to:
a) Provide services to you, such as a loyalty rewards program;
b) Better understand your needs and provide you with requested services, including queries received from you via the Site;
c) Improve our services and products;
d) Provide promotional and/or marketing communications upon your consent;
e) Request your participation in surveys and other market research upon your consent;
f) Use your preferences and online behavior to customize our website.
All data collected from you will be stored for the minimum duration necessary, which shall be determined by: 1) How long your information remains relevant, 2) what constitutes a reasonable time period to retain records to fulfill our duties and obligations, 3) limitation periods within which claims might be made, 4) mandatory or recommended retention periods, 5) the nature of any contract we may have with you, 6) the existence of your consent, and 7) our legitimate interest in retaining such information as stated in this Policy.
Use and Retention of Collected Information
LivWell may collect and use collected information to assist in the operation of our website and to ensure delivery of the services you need and request. We may also use your data to inform you of products and services in which you might be interested, and/or to request your participation in surveys and/or questionnaires. Any data you provide as part of any surveys and/or questionnaires shall be kept by LivWell as well.
LivWell.com may use information you voluntarily provide, cookies, web beacons, tracking pixels, and other tracking technologies, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”) to help customize the Site, improve your experience, and for marketing or advertising purposes.
Disclosure of Information
LivWell does not sell personal data.
LivWell may only use or disclose the information you provide under the following circumstances:
a) as necessary to provide you services or products;
b) as described in this Policy or in ways to which you have consented;
c) when sufficiently aggregated with other information to prevent your identity from reasonably being determined;
d) as required by law, or in response to a subpoena or search warrant;
e) to outside auditors who are obligated to keep the information confidential;
f) as needed to enforce the Terms of Service;
g) as needed to maintain, safeguard, and preserve the rights and property of LivWell.
Children Under the Age of 13
You must be at least 21 years old to use this website. If you are under 21 years old you are not permitted to use this website for any reason. No information obtained by this site requires monitoring per the Child Online Privacy Protection Act (“COPPA”).
Your Rights as to Collected Data
All users and visitors to this website have the option to stop receiving communications from us, such as emails and newsletters, sometimes known as the “Right to be Forgotten.” To unsubscribe from our website please email email@example.com. Any data previously collected will be treated per the terms of this Policy.
You have the following rights, and may exercise any such rights by emailing firstname.lastname@example.org at any time, for the following reasons:
- Right of Access: you may request that we provide you with a copy of the personal data which we hold about you.
- Right to Correction: you may request that we update any of your personal data which is inaccurate or incomplete.
- Right to Deletion: you may request that we delete any of your personal data which we are holding.
- Right to Opt-Out: you may request that we restrict the way that process your personal data, however LivWell neither sells customer data nor conducts targeted advertising.
- Right to Data Portability: you may request that we provide your personal data to you or a third-party provider in a structured, commonly-used, and machine-readable format.
- Object to us processing personal data based on our legitimate interests, including profiling.
- Object to us processing your personal data for direct marketing purposes.
All requests to exercise any of the above-mentioned rights must be submitted with sufficient specificity and detail to allow us to determine which rights are being exercised and to authenticate the requester’s identity. We may request additional information to authenticate a requester’s identity. A requester does not need to create an account with LivWell to exercise any rights. LivWell will comply with user requests relating to the above rights within 45 days.
Sharing Your Personal Data and Third Party Advertisers
We share your information with at least one third party for the following purposes:
- Sharing certain anonymized Personally Identifiable Informatoin (“PII”) with our advertising partner to help our marketing efforts.
- Sharing certain anonymized PII with our third-party hosting and analytics partners to host the Site and services, and to improve your experience with the Site.
- Sharing certain aggregated and anonymized user statistics in order to describe our services to prospective partners, advertisers, clients, or third parties.
- Sharing your information wherever required to do so by a court order or whenever required by law.
- We may share completely aggregated, anonymized data without restriction.
Links to Other Websites
Our website contains links to affiliate and third-party websites. LivWell specifically disclaims any responsibility for any privacy policies, practices, and/or procedures of websites accessed through such links. This Policy applies solely to the information collected by this website.
Notice to European Union Users
LivWell’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (“EU”) and sent to the United States. By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Acceptance of Terms
By using this website you are hereby accepting the terms and conditions stipulated within this Policy. If you do not agree with our terms and conditions you should refrain from further use of this website.
If you have any questions or concerns regarding this Policy related to our website, you may contact us at info@LivWell.com or 720-240-9885.
When you visit LivWell.com, the website sends a cookie to the device you are using to access the website. The cookie stores information to create a more personalized browsing experience. While most web browsers automatically accept cookies, you may be able to adjust your browsers’ settings to decline cookies or alert you when a website is attempting to place a cookie on your computer.
Cookies We Use, Including Third Party Cookies
We use persistent cookies to track your response regarding whether you are twenty-one years of age or older. Once you respond to our default question about your age, LivWell.com will be personalized to remember your response for twenty-four hours. After twenty-four hours have passed, the cookie will be deleted. We use third party cookies for marketing and advertising, as discussed in the immediately preceding section.
How to Control or Delete Cookies
Because the only cookies we utilize are strictly necessary to ensure compliance with applicable laws, rules, and regulations, it is not possible to access LivWell.com without allowing our cookies. You may “opt out” of our cookies at any time and delete cookies, however disabling cookies will prevent you from using the website. Please refer to your browser Help instructions to learn more about cookies and other tracking devices and how to manage their use. The process of refusing or deleting cookies is exclusive to an individual computer or web browser and must be repeated if you change computers or web browsers. Additional help regarding how to reject cookies can be found at www.allaboutcookies.org.
We take the security of your data seriously and use appropriate technologies and procedures to protect it according to the risk level and service provided. Precautions are taken to protect your information, and sensitive information submitted on this website is protected both online and offline. Sensitive information is encrypted and transmitted to us securely, as indicated by the lock icon in the address bar and “https” preceding the address of the webpage. LivWell has implemented measures designed to secure your personal information and avoid unauthorized access, use, alteration, or disclosure. All data sits behind a firewall and is encrypted in transit and at rest. Access to PII is limited to our employees who need the information to perform a specific job. The computers used to store PII are kept in a secure environment, with access permitted only to our specific employees that require access related to their positions. These steps are taken to prevent any loss, misuse, unauthorized access, disclosure, or modification of your PII within our control.
Despite these precautions and security measures, LivWell can never fully guarantee total security of data shared and stored online. Use of the Site is, ultimately, at your own risk. If any of the settings or procedures of the Site are circumvented by user, LivWell is not liable under any theory of law for any consequences of said action.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). LivWell is entitled to monitor your password and, at its discretion, require you to change it. If you use a password that LivWell considers insecure, LivWell is entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LIVWELL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LIVWELL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LIVWELL OR LAW ENFORCEMENT AUTHORITIES.
CONTRACTING THROUGH THIS SITE
If you use this site to order from LivWell, these terms and conditions are hereby incorporated into any purchase order or other contract entered into between you and LivWell. In addition, regardless of any terms or conditions submitted by you, and regardless of the timing of such a submission, all of LivWell’s terms and conditions are superior and binding. If this is not acceptable to you, please do not order goods from this site. Contact a customer representative directly to mutually negotiate terms.