TERMS & CONDITIONS
Terms for All Site Users
Eligibility, Registration and Account
BestLived.com is not targeted towards, nor intended for use by, anyone under the age of 13. By using this site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on BestLived.com. In addition, you may not make a purchase from BestLived.com unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from BestLived.com; (b) do not have more than one BestLived.com account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on BestLived.com, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
In consideration of your use of BestLived.com, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Best Lived LLC; and (d) promptly notify Best Lived LLC if you discover or otherwise suspect any security breaches related to BestLived.com.
Ownership of Site Content
Unless otherwise indicated on BestLived.com, BestLived.com and all content and materials therein, including but not limited to Best Lived logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Best Lived LLC r or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use BestLived.com and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of BestLived.com or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of BestLived.com and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of BestLived.com, the Site Content or any information contained therein, except as expressly permitted on BestLived.com or pursuant to separate terms; or (g) any use of BestLived.com or the Site Content other than for its intended purpose. Any other use of BestLived.com or the Site Content, without the prior written permission of Best Lived LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Best Lived LLC has adopted a policy of terminating, in appropriate circumstances and in Best Lived LLC’s sole discretion, account holders who are deemed to be repeat infringers. Best Lived LLC may also, in its sole discretion, limit access to BestLived.com and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on BestLived.com infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent:
388 Market Street, San Francisco CA 94111
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on BestLived.com, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
"BestLived" logos and other Best Lived LLC product or service names, logos or slogans that may appear on BestLived.com are trademarks or registered trademarks of Best Lived LLC and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Best Lived LLC or the applicable trademark holder. You may not use any metatags or any other "hidden text" or any other name, trademark or product or service name of Best Lived LLC without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in BestLived.com are the property of their respective owners..
If you believe that anything on BestLived.com infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
You are granted a limited, non-exclusive right to create a text hyperlink to BestLived.com for noncommercial purposes, provided such link does not portray Best Lived LLC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Best Lived LLC logo or other proprietary graphic of Best Lived LLC to link to BestLived.com without the express written permission of Best Lived LLC. Further, you may not use, frame or utilize framing techniques to enclose any Best Lived LLC trademark, logo or other proprietary information, including the images found at BestLived.com, the content of any text or the layout/design of any page or form contained on a page on BestLived.com without Best Lived LLC’s express written consent.
Best Lived LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from BestLived.com, or websites linking to BestLived.com. Such sites are not under the control of Best Lived LLC, and Best Lived LLC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Best Lived LLC provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Best Lived LLC of any site or any information contained therein. When you leave BestLived.com, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from BestLived.com.
User Content and Interactive Features or Areas
BestLived.com may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on BestLived.com ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through BestLived.com any of the following:
· User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
· User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
· User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Best Lived LLC or to any user or consumer or that is contrary to any manufacturer instructions or warnings relating to the product (safety concerns can be reported here);
· User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
· User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
· User Content that does not clearly and prominently disclose any material connections you may have to Best Lived LLC or third party brands or sellers (for example, if you receive free products or Stores or are a paid blogger or employee);
· User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
· Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
· User Content that, in the sole discretion and judgment of Best Lived LLC, restricts or inhibits any other person from using or enjoying BestLived.com or which may expose Best Lived LLC or its users to any harm or liability of any type.
Best Lived LLC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Best Lived LLC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. At the same time, Best Lived LLC encourages its users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within BestLived.com or, for content that infringes copyright or trademark rights, by following the instructions in Sections 4 and 5 of these Terms). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that BestLived.com will not contain any content that is prohibited by such Terms. Although Best Lived LLC has no obligation to screen, edit or monitor any of the User Content posted on BestLived.com, Best Lived LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on BestLived.com at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on BestLived.com at your sole cost and expense.
Rights in User Content and Feedback
Except as otherwise provided herein, on BestLived.com or in a separate agreement (such as the rules of a Best Lived LLC contest), Best Lived LLC claims no ownership or control over any User Content. However, by submitting or posting User Content on BestLived.com, you grant Best Lived LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on BestLived.com and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Best Lived LLC at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to BestLived.com, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to BestLived.com and to grant the rights to Best Lived LLC that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with BestLived.com, do not and will not violate these Terms, our Site Rules, any other applicable Best Lived LLC terms, guidelines or policies or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding BestLived.com, Best Lived LLC or Best Lived LLC’s products or services that are provided by you, whether by email, posting to BestLived.com or otherwise ("Feedback"), are non-confidential and shall become the sole property of Best Lived LLC. Best Lived LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. To avoid any potential disputes, do not send us Feedback if you expect to be compensated or want to retain ownership or claim rights to such Feedback.; While your idea might have value, Best Lived LLC may have already considered the same or a similar idea.
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:
· Use BestLived.com in any unlawful manner or in any manner that could damage, disable, overburden or impair BestLived.com;
· Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from BestLived.com for the purposes of sending spam;
· Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access BestLived.com or to extract data;
· Reverse engineer any aspect of BestLived.com or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of BestLived.com (except as otherwise expressly permitted by law);
· Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
· Use or attempt to use another's account without authorization from Best Lived LLC;
· Attempt to circumvent any content filtering techniques we employ or access any service or area of BestLived.com that you are not authorized to access;
· Engage in any harassing, intimidating, predatory or stalking conduct;
· Develop any third-party applications that interact with User Content and our Sites; or
· "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
Best Lived LLC is not responsible or liable for the conduct of, or your interactions with, users of BestLived.com (whether online or offline), nor is Best Lived LLC responsible or liable for any associated loss, damage, injury or harm. Although Best Lived LLC has no obligation to monitor any user conduct on BestLived.com, Best Lived LLC reserves the right and has absolute discretion to monitor any user conduct on BestLived.com at any time and for any reason without notice. Best Lived LLC does not approve or endorse any user-posted meetings or events referenced on BestLived.com and Best Lived LLC recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless Best Lived LLC, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of BestLived.com; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through BestLived.com; (c) any Feedback you provide; (d) any Product Review you provide; (e) your violation of these Terms; (f) your violation of any rights of another; or (g) your conduct in connection with BestLived.com. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, BestLived.com, Site Content, User Content and services provided on or in connection with BestLived.com (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. BEST LIVED LLC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Best Lived LLC does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Best Lived LLC does not represent or warrant that BestLived.com or its servers are free of viruses or other harmful components.
IN ADDITION, BEST LIVED LLC DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING BEST LIVED LLC VIDEOS AND "EXPERT ADVICE" ARTICLES. The Site Content is intended to be general in nature. The information provided in the Site Content or through linkages to other sites is not designed to and does not constitute or serve as a substitute for professional medical advice or treatment for specific medical conditions. You should not use this information to diagnose or treat a health problem without consulting with a qualified healthcare provider. Medical information changes frequently. Therefore the Site Content or information on linked sites should not be considered current, exhaustive or complete, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any Site Content or on linked sites is solely at your own risk. Best Lived LLC does not recommend or endorse any specific products, procedures, opinions or other information that may be provided on linked sites. The linked sites may contain images or information that you find offensive. Best Lived LLC has no control over and accepts no responsibility for such materials.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL BEST LIVED LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM BEST LIVED LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BEST LIVED LLC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BEST LIVED LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE BESTLIVED.COM EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BEST LIVED LLC FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Modifications to Site
Best Lived LLC reserves the right to modify or discontinue, temporarily or permanently, BestLived.com or any features or portions thereof without prior notice. You agree that Best Lived LLC will not be liable for any modification, suspension or discontinuance of BestLived.com or any part thereof.
Applicable Law and Venue
These Terms and your use of BestLived.com will be governed by and construed in accordance with the laws of the City and County of San Francisco, California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the City and County of San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and waive any objection which you may have to the venue of any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Best Lived LLC reserves the right, without notice and in its sole discretion, to terminate your right to use BestLived.com, or any portion of BestLived.com, and to block or prevent your future access to and use of BestLived.com or any portion of BestLived.com, which include the following websites and corresponding mobile applications ("Apps"), and any other websites, Apps or other Stores that we may launch from time to time (the "Stores").
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
For Users Making Purchases
All orders are subject to the Terms set forth herein. Submission of an order shall constitute, but is not the sole form of, your acceptance of such Terms.
Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible and eliminate errors on BestLived.com; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on BestLived.com, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
If the attribute (Organic, Natural, Color, Size, etc.) that you want is not listed in the drop-down box on the Product Information page, it is not then available for ordering. Please check back later or indicate that you would like us to notify you if the product becomes available. Note that some items may be unavailable even if BestLived.com indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If the item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through BestLived.com may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Shipping & Handling; No Export by You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on BestLived.com when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by cheapest available method, with many upgrade options. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on BestLived.com are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our sole discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on BestLived.com) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter with your method of payment in order to proceed with your order.
Returns and Exchanges
Please see the Returns and Exchanges policy.
BEST LIVED LLC WARRANTS THAT BEST LIVED LLC BRANDED PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AT THE TIME OF SALE. THIS WARRANTY DOES NOT APPLY TO DAMAGE OR MALFUNCTIONS CAUSED BY NORMAL WEAR AND TEAR, ACCIDENT, ABUSE, NEGLECT, IMPROPER STORAGE, HANDLING OR USE, MISUSE, VANDALISM, ACTS OF GOD, OR OTHER CAUSES EXTERNAL TO THE PRODUCTS.
BEST LIVED LLC MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND THIS LIMITED WARRANTY SUPERCEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS REGARDING THE PRODUCTS, INCLUDING ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
BEST LIVED LLC DOES NOT MANUFACTURE THE NON-BEST LIVED LLC BRANDED PRODUCTS IT SELLS AND MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES THEREON OR WITH RESPECT THERETO AND SELLS THE GOODS AS-IS, WHERE-IS. BEST LIVED LLC MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR CONDITION AND HEREBY DISCLAIMS ANY AND ALL SUCH IMPLIED WARRANTIES THAT MAY ARISE BY OPERATION OF LAW OR OTHERWISE. Manufacturers of non-Best Lived LLC branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers, which warranty(s) shall be between you and the manufacturer and to which Best Lived LLC is not a party.
Products eligible for warranty return may be returned or service fees refunded in accordance with Best Lived LLC returns and exchanges policy.
Exclusivity of Remedy; Limitation of Liability
YOUR SOLEAND EXCLUSIVE REMEDY, AND BEST LIVED LLC’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER THE BEST LIVED LLC RETURNS AND EXCHANGES POLICY. IN NO EVENT SHALL BEST LIVED LLC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS OR ANY LOSS OCCASIONED BY DELAY IN DELIVERY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF BEST LIVED LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH BESTLIVED.COM EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. The foregoing is intended as a complete allocation of the risks between Best Lived LLC and you, and you hereby agree that this limitation upon remedies will not have failed of its essential purpose. Your remedies set out herein are exclusive. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.