Terms of Service: Effective 11/16/2016
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to www.PrescriptionLifestyle.com (the “website” or “site”), operated by Prescription Lifestyle LLC, a California limited liability company (“we”, “our”, or “us”). The Terms of Service below contain important information about your rights and obligations, as well as limitations and exclusions.
The content contained in this website and in the Rx Lifestyle Groups is protected by applicable copyright and trademark laws. You may display, subject to any expressly stated restrictions or limitations relating to specific material, download or print content from this website solely for your own personal, non-commercial use. We reserve the right to modify these Terms of Service, and modify, suspend or discontinue the website and/or the Rx Lifestyle Groups at any time. You agree to review these Terms of Service periodically to be aware of such modifications and your continued use of the website shall be deemed to be your conclusive acceptance and acknowledgement of the modified Terms of Service. You acknowledge and agree that you will consult your healthcare provider if you have any questions or wish to seek advice regarding a medical condition, diet, nutritional supplements, an exercise regimen or any other matter related to your health. We cannot verify or guarantee the adequacy, accuracy or completeness of any content or the suitability or safety of any product provided on or linked through this website.
The laws of the State of California and the laws of the United States of America applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or the user’s domicile, residence, or physical location. The user hereby consents and submits to the non-exclusive jurisdiction of the courts of the State of California in any action or proceeding instituted under or related to this Agreement.
Responsible Use and Conduct:
By visiting this website, you agree to use the information provided only for the intended purposes as permitted by these Terms of Service, all applicable state and federal laws and regulations and generally accepted online practices and guidelines.
We provide various ways for our users to communicate and interact with one another on our website, such as posting blog comments, participating in the community Rx Lifestyle Groups, product reviews and through various social media outlets. Prescription Lifestyle, LLC is unable to pre-screen, review or monitor all the content posted by users of these various communication tools. We are not in any manner responsible for the content of these communications and materials. Therefore, by using our tools to submit any type of content to our website, it is your personal responsibility to do so in a responsible and ethical manner. By posting information or using any open communication tools on our website, you agree that you will not upload, download, post, share, display or distribute any content that:
- Is abusive, libelous, pornographic, degrading, threatening, inappropriate, racist, illegal, defamatory, intimidating, harassing, fraudulent, deceptive, obscene or contains any type of suggestive, offensive or explicit language;
- Infringes on or violates any patent, copyright, trademark, or intellectual property right(s) of others;
- Contains any form of unauthorized or unsolicited advertising, including but not limited to, the solicitation of funds, or of goods or services;
- Impersonates any other person or entity, including any Prescription Lifestyle employees or representatives, another website user, visitor or Rx Lifestyle Group member;
- Contains commercial content or that uses the site to solicit others to join or become members of any other organization or online service. We do not allow the advertising of products or services.
- Advocates for or encourages conduct that could qualify as a criminal offense, cause civil liability, or violates any applicable local, state, federal or foreign laws or regulations. We intend to fully cooperate with any law enforcement official(s) or agencies in the investigation of any violation of these Terms of Service or any applicable laws.
By providing our users and visitors the ability to distribute and share user-generated content, we are not undertaking any obligation or liability relating to the content posted or the activities on this site. We reserve the right, in our sole discretion, to remove or block any and all content that we feel meets the above mentioned criteria, any content that does not comply with these Terms of Service or is otherwise unacceptable to Prescription Lifestyle, LLC. We are not responsible if there is a delay or failure to remove such content. By visiting and posting on our website, users consent to waive any claim against us or the website.
By visiting our website, you agree that:
- You will not engage in any activity that disrupts or interferes with the functioning of the website, which includes but is not limited to, interfering with the servers and/or networks on which its information is stored. If your unauthorized activities, directly or indirectly, cause any losses or damages to us or the website, you may incur criminal or civil liability.
- You will not violate or attempt to violate any of the website’s security features, or test the vulnerability of the website or any associated server, system or network without proper authorization. This includes but is not limited to, (1) accessing content not intended for you; (2) accessing a server or account that you are not authorized to access; (3) interfering or attempting to interfere with any user, host or network by installing a virus, or spamming or crashing the website; (4) using the site or any of its associated hosts or servers to send unsolicited emails, promotions or advertisements for goods or services. You may be subject to civil and criminal liability by violating our system or network security.
- You will not copy, duplicate, sell, trade, or reproduce any information that is posted or exchanged on the website. You further agree not to change or delete any proprietary notices from materials downloaded from or displayed on the site.
- Any and all information you provide will always be accurate and correct to the best of your knowledge. This includes posting on blogs, signing up for email alerts and communicating in the Rx Lifestyle Groups.
- Any and all content that you post, display, download or distribute to the website becomes the property of Prescription Lifestyle, LLC and therefore grants us exclusive irrevocable licensing rights to use at our discretion worldwide. You also grant us, our affiliates, managers, employees, consultants and representatives, licensing rights to use this content in connection with the daily operations of the website and business of Prescription Lifestyle, LLC, its affiliates, managers, employees, consultants and representatives. This includes, but is not limited to, the right to publish, distribute, copy, modify, publicly display, reproduce, translate or edit the content as we see fit. You agree that we may disclose your name in connection with your User Content, however, this excludes any information that you provide when signing up for email alerts or registering/joining the Rx Lifestyle Groups. Also, you will not be compensated for any of your User Content.
- By posting on this website, you acknowledge that the User Content is yours and yours alone and you own the rights or are authorized to post, distribute, or display this content.
- You will indemnify and hold harmless Prescription Lifestyle, LLC, its managers, directors, employees, affiliates, representatives and officers from any claims, loses, damages, expenses or demands, including reasonable attorney’s fees, resulting from your violation of these Terms of Service, made by any third party due to your use of our website, your violation of any rights of another party or any activity related to your account (whether negligent or wrongful conduct) that is done by you any someone else using your account. This indemnity will survive termination of these Terms of Service.
Limitation of Liability:
In no event shall Prescription Lifestyle, LLC be liable for any economic, direct, indirect, or consequential damages (including, without limitation, damages for loss of data, profit, or due to business interruption,) arising out of the use or inability to use the materials on www.PrescriptionLifestyle.com, even if Prescription Lifestyle, LLC or a Prescription Lifestyle, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Limitation of Warranties:
Prescription Lifestyle, LLC disclaims all warranties pursuant to applicable law. Our website and all the content posted is available “as is” and does not come with any warranty of any kind, whether expressed or implied. We cannot guarantee and do not warrant that our website and content posted will meet your requirements, that the website will operate error-free, timely or with uninterrupted service, that this site or the server that hosts the site are free from viruses or other harmful entities, or that all content will be accurate, reliable, useful and up to date. From the use of, or the inability to use, our website, you assume the risk of any and all damage or loss. By downloading any content, you do so at your own discretion and risk. You accept responsibility for any resulting damage to your computer or other electronic devices resulting from the download of such content. The information or advice you obtain from our website or Prescription Lifestyle, LLC, whether its expressed or implied, does not create any type of warranty or guarantee of any kind, except for those explicitly outlined in these Terms of Service.
Any and all content on www.PrescriptionLifestyle.com, including but not limited to, text, graphics, website name, images, logos and coding is the intellectual property of Prescription Lifestyle, LLC, and therefore is protected by all applicable copyright and trademark laws. Any unauthorized or inappropriate use of any content on our website is strictly prohibited, which includes but is not limited to, the distribution, reproduction, display or transmission of our content in any other medium besides our website. All trademarks, service marks and trade names of Prescription Lifestyle, LLC, used in the site are trademarks or registered trademarks of Prescription Lifestyle, LLC.
You also agree to acknowledge and respect the intellectual property rights of others. You will abide by laws governing copyright ownership and the use of intellectual property and therefore you agree not to download, upload, distribute or display any content that violates any third party’s copyrights, trademarks, service marks or other intellectual property rights. Prescription Lifestyle, LLC will not be held responsible for any violations or infringements of these rights that is due to the content you post or display or that is posted using your account. You will be held solely responsible for proving that your content is not in violation of any of the above-mentioned laws or third party rights. You are not granted any license to use any of the trademarks, service marks or logos owned by Prescription Lifestyle, LLC or by any third party simply by accessing the site and the content within.
Linking to this website:
The creation of any unauthorized link from another website to any section on www.PrescriptionLifestyle.com without first obtaining prior written permission is prohibited. Displaying this website or any content on this website onto another website without our prior written permission is also prohibited. Any permitted links to our website must comply with all applicable laws, rules and regulations.
Third Party Links:
Termination of Use:
At our sole discretion, we reserve the right to suspend or terminate your account or access to our website or the Rx Lifestyle Groups immediately, without notice and for any reason, including, without liability to you, breach of these Terms of Service, providing false or misleading information or interfering with the use of the website. We will notify the appropriate law enforcement authorities of any and all suspected illegal, unauthorized, fraudulent or abusive activity or infringement of third party rights. We reserve the right to change, suspend or discontinue any and all aspects of these Terms of Service without notice at any time.
*By accessing this website and the content it contains, you hereby acknowledge that you have read the above Terms of Service and agree to be bound by them.*
We are always looking for ways to improve our website and provide an exceptional user experience. Please submit your feedback or any questions regarding the above mentioned Terms of Service in writing at the following address:
Prescription Lifestyle, LLC
P.O. Box 9006
Santa Rosa, CA 95405