This Agreement defines the terms and conditions between Lifestyle Innovations, Inc. (hereafter referred to as “Access Service Provider”) and you, the User (hereafter referred to as “User”) whereby Access Service Provider provides value-added Internet services and related products to User.
1. Services and Products
Access Service Provider will provide the services and products which you have selected to purchase at the prices shown on this website. Access Service Provider reserves the right to change prices for any given product or service from time to time. User represents and warrants that all methods of payment provided by User for purchase of the product or services selected by User are genuine, authentic, personal to the User, not counterfeit or the results of any theft or fraud. All prices are exclusive of any tax, levy customs duty, import tax, or similar governmental charge that may be assesses by any jurisdiction. All such taxes are the responsibility of User.
2. Term
User may cancel the acquired products or services within twenty-four (24) hours advance notice if User can show that Access Service Provider has failed to provide commercially reasonable service levels which are not acceptable to User. Access Service Provider may require evidence that the products and/or services were not furnished, were not downloaded or were removed from the computer systems of User and not recoverable, transferred or copied. At the time Access Service Provider service or product is available for download or acquisition by User, Access Service Provider will invoice the User via this website. Invoices are due immediately by way of payment via this website. Invoices submitted for payment by Access Service Provider may require payment prior to the download or acquisition of the service or product by User.
3. Disclaimer of Warranties
Access Service Provider makes no warranty of any kind with respect to services and products provided under this Agreement. Access Service Provider DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE DOMAIN NAMES, TRADE NAMES, MARKS OR OTHER INTELLECTUAL PROPERTY OBTAINED FOR USERS, SERVICES, OR ANY INFORMATION OBTAINED THROUGH THE SERVICES OR PRODUCTS. In situations involving performance or nonperformance of services or products furnished under this Agreement, User's sole remedy shall be: in the case of products, repair or return of the defective product to Access Service Provider for refund, at the discretion of Access Service Provider, in accordance with Section 2. In the case of services, refund of a prorata potion of the price paid for services that were not provided in accordance with Section 2.
4. Limitation on Liability
Access Service Provider will not be liable for any damages User may suffer arising out of acts of God, use, or inability to use Access Service Provider' Internet services or related products unless such damages are caused by an intentional and willful acts of Access Service Provider. In no event shall Access Service Provider be liable for unauthorized access to User's transmission facilities or User's premise equipment or for unauthorized access to or alteration, theft, or destruction of User's data files, programs, procedure, or information through accident, fraudulent means or devices, or any other method. Access Service Provider will not be liable for indirect, incidental, special, or consequential damages for any lost property or data of User. Access Service Provider' liability for damages to User for any cause whatsoever, regardless of form of action, including negligence, shall not exceed an amount equal to the price of products and services purchased by User during the most recent thirty (30) day period.
5. Indemnification
User agrees to indemnify and hold Access Service Provider harmless against any claim or demand by any third party due to or arising out of the use by User of Internet services and related products provided hereunder.
6. User's Duties and Obligations
User is solely responsible for the content of any transmissions made by User and any third party utilizing User's facilities or Access Service Provider' facilities. Use of other organization's network or computing resources is subject to their respective permission and usage policies. User agrees to comply with all applicable laws with regard to the transmission and use of information and content, solicitation, or any activity that is prohibited by applicable law over the Internet. User further agrees not to use the Internet service for illegal purposes or to interfere with or disrupt other network users, network services, or network equipment. User shall be liable for and shall indemnify and defend Access Service Provider from and against any claims in anyway arising from or related to (i) the alleged infringement of patent, trademark, design, copyright, or any other intellectual property rights in relation to the User's use of the services and (ii) User use or inclusion of any information, photographs, art work, or other content (including without limitation claims based on invasion of privacy, right of publicity, the Communications Decency Act of 1996, obscenity or pornography, and the violation of any statutes or ordinances or other laws).
7. Public Registration and Reports
User understands that Internet use, and related products and services provided under this Agreement, may require registration and related administrative reports which are public in nature. In addition, User agrees Access Service Provider may include its name in directories of Access Service Provider Users.
8. Limitations on Access
Unless otherwise authorized in writing by Access Service Provider, User shall limit access to and use of the Internet connecting services solely for User's business or personal purposes and shall not resell, transfer or provide access to the Internet service to third parties and shall not provide any information received from any product or service provided by Access Service Provider to any third-party. User's right to use the Internet services and products provided hereunder is limited to User and is nontransferable. In addition, User may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the products or services received through Access Service Provider’s website or (ii) any service, information or materials supplied by a third party content provider and which you may access through Access Service Provider’s website. User agrees that User has no intellectual property or proprietary right to any product, service or information acquired through this website and that all such intellectual property rights remain with Access Service Provider or a third-party furnishing the same to Access Service Provider.
9. Termination
Failure by the User to comply with the terms of this Agreement will result in immediate termination of Access Service Provider Internet services and may result in Access Service Provider exercising its legal remedies at law or in equity against User. In any successful prosecution of its legal remedies under this Agreement, Access Service Provider shall be entitled its attorney fees and court costs from User.
10. Export Controls
User agrees not to export or re-export (including by way of electronic transmission), directly or indirectly, any software or technical data through the Internet services without first obtaining any required export license or governmental approval.
11. Miscellaneous
This Agreement constitutes the entire agreement of the parties with respect to the services and product provided hereunder and supersedes any prior agreements. These terms and conditions shall prevail notwithstanding any different or additional terms and conditions in any forms provided by User. No waiver of any rights hereunder shall be deemed to be a waiver of the same right on any other occasion. This Agreement shall be governed by the laws of the State of Indiana without regards to conflicts of law principles.
