Terms and Conditions of Use

Welcome to www.livingwellcarenavigation.com (the “Website”), an online community operated by Livingwell Care Navigation, Inc. a New York corporation (“LCN”). The Website enables visitors (“Visitors”) who are at least eighteen (18) years of age to make purchases, access general information and to make use of Livingwell’s care navigation services. including but not limited to email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications. These Terms of Use (the “Agreement”) set forth the terms and conditions which govern your use of the Website.

Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website.

LCN reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.

 

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on this Website is provided for educational healthcare navigation purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you purchase any products or services through a link on this Website, you should read carefully such providers’ Terms of Use, Privacy Policies and all product packaging, service descriptions and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you through a link on our Website DOES NOT create a doctor-patient or nurse- patient relationship between you and any of the practitioners affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

 

1. Registration

1.1 Capacity. Visitors who register with the Website (“Registrants”) gain access to certain features offered through the Website, as described herein. By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.

1.2 Accurate Information. Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.

1.3 Registrant Profile; Password. Registrants will receive a user ID and password (“Registrant Profile”). Registrants agree not to allow any third party to use their Registrant Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Registrant Profile. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Registrant Profile. No part of a Registrant Profile may be transferred or sold to another party. Registrants agree to notify LCN immediately of any unauthorized use of their Registrant Profile or the Website. Registrants and Visitors agree that LCN shall not be liable for any loss that results from the unauthorized use of a Registrant’s Registrant Profile, either with or without such Registrant’s knowledge.

1.4 Revocation of Registration. Registrant agrees that LCN has the right to cancel their registration for any reason at any time, in our sole discretion. The revocation of a Registrant’s registration shall result in the loss of access to portions of the Website accessible by Registrants, and Registrants agree that LCN shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.

1.5 Charges. While use of the Website is currently free of charge, you acknowledge that we may, in our sole discretion, decide at any time to charge for such access and services.

 

2. MEDICAL DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, LCN MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE WEBSITE BY LCN OR THIRD PARTIES ON BEHALF OF LCN, AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE OR NURSING INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (III) THE CREATION OF A PHYSICIAN-PATIENT, OR CLINICAL RELATIONSHIP BY LCN OR ANY OF LCN’S AGENTS, AFFILIATES, EMPLOYEES, CONSULTANTS (INCLUDING, WITHOUT LIMITATION BARBARA ABRUZZO RN), OR SERVICE PROVIDERS (COLLECTIVELY, WITH LCN, THE “LCN PARTIES”). YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN, AND THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE WEBSITE AND IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING. LCN EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION POSTED ON THE WEBSITE BY VISITORS. YOU BEAR SOLE RESPONSIBILITY FOR YOUR OWN HEALTH AND DIET RESEARCH AND DECISIONS.

 

3. Content

3.1 Registrant Content. LCN offers Registrants the opportunity to participate in various interactive resources, including message boards, blogs, and chat rooms. LCN also provides Registrants with the opportunity to publish, display, or otherwise transmit directly or indirectly (“Post”) certain Content to the Website (“Registrant Content”).

3.2 Posting. In connection with any and all Registrant Content Posted by Registrant to the Website, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous. Registrant agrees not to Post to the Website any Registrant Content that:(a) is fraudulent;(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;(c) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way, including through the use of JavaScript, ActiveX, or other coding; (d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;(e) is patently offensive to the Website community, such as Registrant Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;(f) constitutes or attempts to offer medical advice or counseling;(g) harasses or harms, or advocates the harassment or harming of another person;(h) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;(i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;(j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);(k) displays pornographic, obscene or sexually explicit material of any kind;(l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18;(m) provides instructional information about illegal activities;(n) solicits passwords or PII for commercial or unlawful purposes from other Registrants or PII from Visitors;(o) causes us to lose (in whole or part) the services of our ISPs or other suppliers;(p) links to materials or other content, directly or indirectly, to which such Registrant does not have a right to link;(q) encourages others to violate this Agreement; or(r) violates any applicable local, state, national, or international law

3.3 Quality of Registrant Content; Review of Registrant Content; DISCLAIMER.

(a) LCN has no obligation to and does not, in its ordinary course of business, review Registrant Content Posted on the Website, and therefore we do not guarantee the accuracy, integrity or quality of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Website. LCN has the absolute right to monitor all Registrant Content in our sole discretion. In addition, we reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Registrants, Visitors and service providers. LCN has no obligation to use or respond to any of submissions of Registrant Content. In the event that you object to any Content appearing on the Website, you shall notify LCN in writing.
(b) THE LCN EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY CONTENT POSTED ON THE WEBSITE. THE LCN EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LCN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF LCN.

3.4 Public Content. No Registrant Content posted via message boards, chat rooms or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on LCN’s part and LCN shall not be liable for any use or disclosure of any such Registrant Content.

3.5 Usage Limitations. Registrant Content Posted to the Website may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.

 

4. Commercial Transactions

4.1 Purchases. Products and/or services are offered for sale through the Website. In the event you wish to purchase any of these products or services, you will be asked by LCN or an authorized third party on LCN’s behalf to supply certain PII, including without limitation, your full name, address, telephone number and credit card information. You agree to provide LCN or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as for paying any shipping and applicable taxes.

4.2 Payment. Your right to use any service or product that is available for purchase through the Website is conditional on our receipt of payment for such service or product. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.

 

5. Intellectual Property.

5.1 Copyright. Except for Registrant Content, any Content contained in the Website and any newsletters or other materials created and distributed through the Website by LCN (“LCN Materials”), its licensors or suppliers is the property of LCN or its licensors or suppliers, as applicable, and is protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Website. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.

5.2 LCN Materials. Subject to the limited license set forth in Section 6.2 hereof, you will have the opportunity to download and use certain LCN Materials. You acknowledge and agree that you shall not infringe or otherwise violate the copyright or other proprietary rights of any LCN Materials.

5.3 Integrity of Registrant Content. In connection with any and all Registrant Content Posted by Registrant to the Website, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous.

5.4 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of LCN or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits LCN.

5.5 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your Registrant Content has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon LCN actual knowledge of facts or circumstances from which infringing material or acts are evident. LCN’s copyright agent for notice of claims of copyright infringement can be reached as follows: Arnie Herz, Esq., 14 Vanderventer Ave., Ste. 255, Port Washington, NY 11050, 516-767-0800.
We suggest that you consult your legal advisor before filing a notice with LCN’s copyright agent. Be advised that pursuant to this Agreement you are granting certain licenses to use your Registrant Content. You should note that there can be penalties for false claims under the DMCA.

 

6. License.

6.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with the Website or LCN.

6.2 Grant of License to Registrant Content. By Posting Registrant Content to the Website or by otherwise submitting Registrant Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to LCN, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. LCN shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Website. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, we have the explicit right to incorporate any Registrant Content Posted or conveyed by any Registrant to this Website into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.

6.3 Grant of License to LCN Materials. Notwithstanding Section 6.1 hereof and as part of your use of the Website, LCN grants to you a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing the LCN Materials on your personal computer. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to you any rights or license permitting you (i) to translate, alter, copy, revise, modify, change, or create derivate works based on the LCN Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make the LCN Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce the LCN Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, LCN retains any and all rights that now or hereafter exist with respect to the LCN Materials.

 

7. Links.

LCN and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites, we do not LCN or endorse such websites, and we are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that LCN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

You may include on your website a link to the www.livingwellcarenavigation.com website, provided that your website: does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights; is not defamatory or libelous; is not fraudulent; is not designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment; does not interfere with or disrupt the Website, services connected to the Website, or otherwise interferes with operations or services of this Website; does not or will not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work; is not patently offensive to the Website community, such as the website promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; does not constitute or attempt to offer medical advice or counseling; does not harass or harm, or advocate the harassment or harming of another person; does not involve the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; does not promote information that is false or misleading, or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; does not contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); does not display pornographic, obscene or sexually explicit material of any kind; does not provide material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18; does not provide instructional information about illegal activities; does not solicit passwords or PII for commercial or unlawful purposes; does not cause us to lose (in whole or part) the services of our ISPs or other suppliers; does not link to materials or other content, directly or indirectly, to which you do not have a right to link; or does not violate any applicable local, state, national, or international law. Further, your link, nor any other content on your website, shall not mislead or suggest that your website is sponsored by or affiliated with LCN or the www.livingwellcarenavigation.com Website. LCN reserves the right to revoke, at any time, this limited authorization to link to the www.livingwellcarenavigation.com Website.

 

8. DISCLAIMER OF WARRANTIES.

8.1 REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. LCN EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE WEBSITE. NO INFORMATION OBTAINED FROM LCN, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. LCN SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE. SPECIFICALLY, LCN DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE.

8.2 LCN MAKES NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) THEREOF; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) CONTAINED THEREIN; LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE; ANY CONDUCT BY REGISTRANTS OR VISITORS; OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. LCN NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND/OR THE RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE WEBSITE BY ANYONE OTHER THAN AN AUTHORIZED LCN REPRESENTATIVE WHILE ACTING IN SUCH REPRESENTATIVE’S OFFICIAL CAPACITY.

8.3 LCN MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF THE LCN.

 

9. LIMITATION OF LIABILITY.

9.1 IN NO EVENT SHALL LCN BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR NOT LCN PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE LCN TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM, OR (B) $100.

9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.

 

10. Indemnity

You shall indemnify and hold harmless LCN from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against LCN, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through our Website, your use of our Website, your connection to our Website, your breach of this Agreement, or your violation of any law or the rights of a third party.

 

11. Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that LCN shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

12. Privacy

LCN views the protection of your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by you in connection with the Website is described in our Privacy Policy.

 

13. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and LCN by this Agreement.

 

14. Notices. 

Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Livingwell Care Navigation Inc, 30 Fifth Ave New York, NY 10011 and to a Registrant at the address listed in such Registrant’s Registration Profile.

 

15. Governing Law. 

You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts located in New York County, New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

 

16. General. 

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by LCN, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

 

17. Contact Us. 

If you have any questions or concerns regarding the Website, please contact us by e-mail at support@livingwellcarenavigation.com or write to us at Livingwell Care Navigation Inc., 30 Fifth Ave, New York, NY 10011. By becoming a Registrant or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

18. Purchase of Products. 

All products offered for sale on our Website are actually sold through a third party, The Healthy Living Shop (www.latesthealth.healthylivingshop.com). All terms and conditions for the sale of such products shall be governed by the terms and conditions of The Healthy Living Shop Website.

 

19. Payment. 

For consultation services, LCN accepts payment through Paypal via the following credit cards: Visa; MasterCard Discover and American Express. Paypal’s secure server encrypts all credit card information you enter. Occasionally, a request for credit card authorization fails before the card is finally authorized. If we experience difficulties in authorizing your credit card, we will notify you by e-mail. You agree to abide by the terms and conditions of the PayPal Website.