Website Terms of Use

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY LIVWELL HOLDINGS, INC., BEYOND BROADWAY, LLC, AND THEIR RESPSECTIVE AFFILIATES D/B/A LIVWELL ENLIGHTENED HEALTH (“LIVWELL” OR “COMPANY”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY LIVWELL AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

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 CHILD ONLINE PRIVACY ACT (COPA) 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 use this site for purposes expressly permitted by this site and subject to all of the site’s conditions and rules. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of LivWell. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or the content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

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.

PROPRIETARY INFORMATION

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by LivWell is solely owned by LivWell, and is the proprietary information of LivWell or the third party that provided the Content to LivWell, and LivWell or that third party retains all right, title, and interest in the Content. This site does not grant any user a license to use any of its content for any purpose. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of LivWell, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates LivWell’s and/or the third parties’ providing Content intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

HYPERLINKS

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.

SUBMISSIONS

You hereby grant to LivWell the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. LivWell will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

DISCLAIMER

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.

INDEMNITY

You will indemnify and hold LivWell, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS

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.

Although under no obligation to do so, LivWell reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither LivWell nor any third party that provides Content to LivWell will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

PRIVACY POLICY

LivWell values your privacy. This Privacy Policy (“Policy”) is intended to help you understand how your personal information is used and collected when you visit our website or utilize our online facilities and services. We reserve the right to make changes to this Policy at any given time, without notice, and it is your obligation to visit this page frequently to remain aware of our current Policy. This Policy governs any and all data collection and usage by LivWell, and your use of this website indicates your consent to such data collection procedures. This Policy does not govern any collection and use of information by companies not controlled by LivWell, including any websites that we may mention or to which we provide links. Such third-party websites may be subject to their own privacy policy which we recommended you review prior to providing any such website with information.

Specifically, this Policy will explain:
a) What personally identifiable information (“PII”) is collected from you through our website;
b) Why we collect PII and the legal basis for such collection;
c) How we use collected PII and with whom it may be shared;
d) 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 PII.

Information We Collect

Whether you disclose PII 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 PII LivWell reserves the right to decline to register you as a user or provide certain products or services. LivWell may collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining quality service. LivWell may ask you to voluntarily provide and may collect PII, including but not limited to your name, e-mail address, phone number, purchase information, or correspondence conducted via the website.

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.

Why We Collect Information and for How Long

We collect your data to:
a) Better understand your needs and provide you with requested services, including queries received from you via the Site;
b) Advance our legitimate interest in improving our services and products;
c) Provide promotional and/or marketing emails upon your consent;
d) Request your participation in surveys and other market research upon your consent;
e) 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 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 PII 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.

Disclosure of Information

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 and anonymized 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 Act (“COPA”).

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 info@livwell.com. Any PII previously collected will be treated per the terms of this Policy.

You may also contact the email address above at any time, to:

  • Request that we provide you with a copy of the personal data which we hold about you.
  • Request that we update any of your personal data which is inaccurate or incomplete.
  • Request that we delete any of your personal data which we are holding.
  • Request that we restrict the way that process your personal data.
  • 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.

LivWell will provide its best reasonable efforts to comply with user and visitor requests relating to the above.

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 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. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

Security

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. 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.

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.

Contacting Us

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.

COOKIES

What Are Cookies

Cookies are small files that contain information about browsing activity. When you visit LivWell.com, the website sends a cookie to the device you are using to access the website. Your device stores the cookie in a file that is located within your web browser, so when you revisit the website it can respond in a more personalized way. 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. The Site will provide you with the opportunity to decide which cookies are used during your visit.

How We Use Cookies

We use cookies for the purpose of retaining your assertion that you are twenty-one years of age or older. We retain this information for no longer than is necessary for the purpose for which the personal data is processed, to ensure we are meeting our regulatory obligations and to enable our systems to recognize your device and improve your experience on LivWell.com. These cookies are strictly necessary as we are not permitted to allow visitors to LivWell.com that are younger than twenty-one years of age. Additionally, these cookies remember if you have been to LivWell.com before, so messages intended for first-time users are not displayed to you more than once in a twenty-four hour period.

We also use cookies, including at least one third-party cookie, for the advertising and marketing purposes discussed above. Cookies and third-party cookies used for marketing purposes are kept for periods as mentioned in Why We Collect Information… or when you exercise your Right to Be Forgotten as discussed in Your Rights as to Collected Data.

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.

SECURITY

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.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, LivWell reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents and to law enforcement. LivWell reserves the right to investigate suspected violations of these Terms of Use.

LivWell reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing LivWell to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. However, a warrant is not required and your use of this site constitutes your permission for LivWell to share any Submission or other information provided by you to law enforcement without notice to you.

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.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Colorado, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Denver, Colorado in connection with any dispute between you and LivWell arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Denver, Colorado. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use and the terms of any contract forms, purchase orders and order confirmations accessed through this site constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. LivWell may revise these Terms of Use at any time by updating this posting.