Terms of Service & Disclaimer

These terms of service (these “Terms of Service”) govern your use of all websites owned and made available by LeVive-Juice.Com (”LEVIVE”) including, without limitation, the website you are on now (collectively, the “Site”). Please read these Terms of Service carefully. By using the Site, you are confirming that you have read and understand, and agree to be bound by, these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site.

Use of information found on the Website, either personal or otherwise, for any commercial purpose or to obtain direct financial gain is prohibited, including but not limited to chain letters, junk mail, spamming, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

Ownership
The Site and all content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Content”) and the LEVIVE word mark and the LEVIVE design mark, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks, tradenames, service marks or logos (”Marks”) are owned by or licensed to LEVIVE and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.

The Site Does Not Provide Medical Advice Or Other Health Services
THE CONTENT PROVIDED BY THE SITE AND USE OF INFORMATION OBTAINED BY USING THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 IMMEDIATELY. LEVIVE DOES NOT ENDORSE, RECOMMEND, EVALUATE OR GUARANTEE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL THEORIES, OR OTHER INFORMATION APPEARING IN THE SEARCH RESULTS OR OTHERWISE ON THE SITE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY USE THEREOF. YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. FURTHERMORE,

Copyright Act Compliance; Designated Agent
LEVIVE respects the intellectual property rights of others. Upon proper notice, LEVIVE will remove Submissions or other applicable content that violate copyright law and terminate the accounts of repeat infringers.

Pursuant to Title 17 of the U.S. Code, Section 512, LEVIVE has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send LEVIVE’s copyright agent a notification of claimed infringement with all of the following information:

- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

- identification of the claimed infringing material and information reasonably sufficient to permit LEVIVE to locate the material on the Site;

- information reasonably sufficient to permit LEVIVE to contact you, such as an address, telephone number, and, if available, an e-mail address;

- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your physical or electronic signature.

Please send all of the above enumerated information to the following LEVIVE copyright agent: Phone: (832) 532-4571 Email: support@LeVive-Juice.com

Please do not send notices or inquiries unrelated to alleged copyright infringement to LEVIVE’s designated agent.

Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVIVE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). LEVIVE AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE. LEVIVE AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LEVIVE AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEVIVE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation Of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LEVIVE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.

Third Party Websites "Other Sites"
LEVIVE forwards users and members to other sites. Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties. Please be aware that LEVIVE is not responsible for the business and privacy practices of these other sites. We encourage you to be aware of this when you leave our site and to read the legal notices and privacy policies of each and every website you visit.

Childrens Online Privacy Protection
LEVIVE serves general users of the World Wide Web. We support and comply with the Childrens Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may use LEVIVE only with the involvement of a parent or guardian.

AutoShip Terms & Conditions
We reserve the right to accept or refuse subscription orders in our discretion. Your subscription is personal to you, and you may not assign or transfer your subscription or any of the benefits associated with AutoShip to any third party.

If any problems arise with the shipping address or payment method associated with your subscription order, we will notify you via e-mail using the address associated with your subscription asking that you resolve the problem to reactivate your subscription. Your subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved.

If any AutoShip item is not available on the day it is scheduled to be shipped, we will notify you of the delay and will attempt to fulfill the order each day for a two-week period. If the item does not become available during that two-week period, we will notify you that the order has been canceled and we will attempt to send the next shipment on schedule.

If any AutoShip item is no longer available, we will notify you and automatically suspend your subscription for that item. No additional orders associated with that subscription will be placed.

If we are not able to send any item of your order because of a problem with your account, including billing problems, we will notify you via e-mail using the e-mail address associated with your subscription. In such case, your AutoShip subscription will be automatically suspended and no additional AutoShip orders will be processed or shipped until the problem has been corrected.

The total cost charged to your credit card for each AutoShip order will be the cost of the item on the day the order is processed less the AutoShip discount, plus any shipping costs and applicable sales tax. Please note that once an order has shipped, it is considered the property of the customer.

The charge for each shipment will be billed to the credit card used to create your subscription and to place your initial subscription order. If the credit card becomes invalid at any time during the subscription period or if the charge is otherwise rejected, we will send an e-mail to the e-mail address associated with your subscription notifying you that the subscription has been placed on hold and requesting that you update your payment information.

Your subscription will remain on hold and no additional orders will be processed or shipped until the information is updated or subscription canceled. Your subscription and any related AutoShip discount(s) will remain in effect until you cancel your subscription by email or call Customer Service at 1 (832) 532-4571. If you want to cancel, you will need to do so 10 days prior to your next AutoShip processing date. If you cancel after 10 days prior to your AutoShip processing date you will be billed and responsible for product shipped. Your cancellation will then go into effect and you will no longer be charged for AutoShip Products.

Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent LEVIVE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of LEVIVE’s liability shall be the minimum permitted under such applicable law.

Indemnity
You agree to indemnify, defend, and hold harmless LEVIVE, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (1) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (2) your (or anyone using your account’s) use of the Site; (3) your (or anyone using your account’s) violation of these Terms of Service; or (4) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. LEVIVE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LEVIVE in asserting any available defenses.

Force Majeure
Without limiting the foregoing, under no circumstances will LEVIVE be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver
The failure of LEVIVE to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Controlling Law And Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Texas without regard to any conflict of laws principles or rules. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Harris County, Texas, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement
These Terms of Service, together with any other rules or guidelines posted in connection with the Site or Content, are the entire and exclusive agreement between LEVIVE and you regarding the Site and Content, and these Terms of Service supersede and replace any prior agreements between LEVIVE and you regarding the Site and Content.

Terms of Service Changes
LEVIVE may, in its sole and absolute discretion, change these Terms of Service from time to time. LEVIVE will post a copy of the Terms of Service as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.

Effective Date: 3/1/2009