TERMS OF USE | Light Vitality Group

(Last Updated July 1, 2020)

GENERAL

Your use of the Light Vitality Group, Inc. (the “Light Vitality Group, Inc.” “LVG”, or “we” refers to us, our affiliates, and relevant third-party service providers) Website (the “Site”) constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect.

These Terms of Use govern your use of this Site, www.lightvitalitygroup.com, including its related subdomains and microsites (collectively the “Site”), and your purchase of any products through the Site. Our Site is owned and operated by Light Vitality Group, Inc. as a service to our customers. LVG offers services to both individuals and businesses, and merchandise to dealers for the purpose of resale to others through this Site, and does not sell direct to consumer. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at info@lightvitalitygroup.com.

USE LICENSE

Light Vitality Group, Inc. is a a public benefit corporation pursuant to §402 of the Business Corporation Law to the Department of New York State. The certificate of incorporation includes all of the statements required by BCL §402 including the corporation’s business purpose, and a statement that “The corporation is a benefit corporation under Article 17 of the Business Corporation Law.” Unauthorized individuals, institutions and other entities may not act on behalf of Light Vitality Group, Inc., use its property or solicit contributions without express authorization from Light Vitality Group, Inc. You may not violate or attempt to violate the security of the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. It is Light Vitality Group, Inc.’s policy to comply with all applicable laws and regulations as they may be modified from time to time. In the event that any provision of this User Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision. This User Agreement and your use of this Site are and shall be governed and construed in accordance with the internal laws of the state of New York, without regard to its rules concerning conflict of laws. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. Light Vitality Group, Inc. grants you the non-exclusive permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately cease use of the Site, including any materials that you may have previously printed.

COPYRIGHTS

The Site, and all materials on this Site, including photographs, designs, illustrations, images and text are the copyrighted property of the Light Vitality Group, Inc. and its affiliates, or third-party content providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products and services or services from this Site. For purposes of these Terms and Conditions, any use of the materials contained on this site or any other website or for any other purposes except as provided in the Use License is expressly prohibited.

TRADEMARKS

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Light Vitality Group, Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Light Vitality Group, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The Light Vitality Group, Inc. brand may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Light Vitality Group, Inc. Fair use of Light Vitality Group, Inc.’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.

MEDICAL INFORMATION

Light Vitality Group, Inc. provides general information for educational purposes only. The information provided by Light Vitality Group, Inc. should not be construed as an attempt to offer or render medical opinion or engage in the practice of medicine, nor should the information be a substitute for medical or professional care or the advice of your personal medical provider.

DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

PLEASE BE ADVISED THAT BY INTERACTING WITH THIS WEBSITE YOU ARE AGREEING TO THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY AND COOKIE NOTICE. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS OF USE, NOW OR AT ANY TIME IN THE FUTURE, YOU SHOULD NOT, AND LVG DOES NOT ALLOW YOU TO, ACCESS OR USE THIS WEBSITE AND ANY SUCH USE IS CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND LIGHT VITALITY GROUP, INC. THE USE OF THIS WEBSITE SHALL BE LIMITED TO THE BOUNDARIES OF 190 COUNTRIES REGISTERED WITHIN THE UNITED STATES OFFICE OF FOREIGN ASSETS CONTROL (OFAC) AT THE DEPARTMENT OF THE TREASURY.

THE TERMS OF THIS SITE, SOLICITATIONS, ADVERTISING AND PURCHASES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT KINGS COUNTY, NEW YORK OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW YORK CITY SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY DISPUTE, SUIT, LIABILITY, DAMAGE, CLAIM OR LOSS ARISING FROM OR IN ANY WAY ASSOCIATED WITH YOUR SOLICITATION, PURCHASE OR USE OF, OR ACCESS TO THE WEBSITE (COLLECTIVELY, “DISPUTE”). IN THE EVENT OF ANY DISPUTE AND AS A CONDITION PRECEDENT TO PROCEEDING WITH ANY LEGAL ACTION RELATING THERETO, YOU SHALL NOTIFY LVG (SEE CONTACT INFO BELOW) SETTING FORTH THE NAME, ADDRESS AND CONTACT INFORMATION, THE FACTS GIVING RISE TO THE DISPUTE AND THE RELIEF REQUESTED FROM LVG AND YOU WILL THEN ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL NEGOTIATIONS WITH LVG WITHIN SIXTY (60) DAYS FROM THE DATE OF YOUR NOTICE OF DISPUTE AFTER WHICH YOU MAY COMMENCE YOUR LITIGATION.

LVG PROVIDES ACCESS TO THIS WEBSITE TO LVG CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LVG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LVG FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE LVG OR COMPLETENESS OF EACH ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LVG FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS WEBSITE.

This Site is intended solely for the non-exclusive and non-commercial use by you and other retail customers. LVG reserves the right to update or modify these Terms of Use at any time, without prior notice, and your use of this Site following any such change is an agreement by you to be bound by those changes. LVG may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. LVG also reserves the right to block or deny access to the Site to anyone at any time for any reason. LVG reserves the right, in its sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household or per order through this Site. These restrictions may be applied at LVG discretion, including, without limitation, to purchases/orders placed by the same person, the same account, the same credit card and/or orders that use the same billing or shipping address. Except for your personal non-commercial use, and without modifying or altering any copyright, trademarks or proprietary designations contained in the Site, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the contents or this Site without first obtaining written permission from LVG.

By your use of this Site, you represent and warrant that you are at least eighteen (13) years of age. If you are not at least eighteen (13) years of age, then do not use this Site without the presence of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Website under any circumstances.

You agree that you are responsible for all charges incurred in connection with any purchase(s) through our Site, including, without limitation, all taxes (such as federal, state and local sales, excise and value added, goods and services taxes, and any other taxes), shipping costs (such as customs, duties, tariffs and insurance), handling, processing charges or other fees. Fifty Percent (50%) of the total cost of any purchased product plus shipping and handling shall constitute a security deposit from you for any Purchase Order (the “Deposit”) and the Deposit shall be subject to setoff for any default by you under these Terms of Use. No interest shall be due or payable to you on the Deposit. Orders submitted through the Site may not be cancelled or rescheduled without our written consent. To the extent any energy incentive or rebate is available to you for any product or services purchased through this Site we are not responsible for that energy incentive or rebate amount and payment must be made in full.

Title and risk of loss pass to the Buyer upon the packaged products being made available at the place of shipment for delivery by the carrier, such that all deliveries are made “EXWORKS” place of shipment. Any delivery dates are estimates only and we are not liable for delays in delivery or for failure to perform due to causes beyond our reasonable control, and the carrier is not our agent. A delayed delivery of all or any part of an Order does not entitle you to cancel any other orders or deliveries.

While LVG strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. LVG reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, LVG shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, LVG will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law, and you are waiving any and all other remedies against us. We apologize for any inconvenience this may cause you.

You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases using the Site or interfere or attempt to interfere with the proper working of this Site. In the event of a violation of these Terms of Use, LVG reserves the right to seek all remedies available by law and in equity.

LVG controls this Site from its corporate office located in the State of New York. LVG does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations or equivalents thereof.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO (A) DISCONTINUE USING THE WEBSITE, (B) NOT MAKE A PURCHASE, AND/OR (C) FORFEITURE OF THE DEPOSIT FOR ANY ORDERS CANCELLED PRE-SHIPMENT, SUBJECT TO REPAYMENT OF ANY SHIPPING EXPENSES NOT YET INCURRED BY LVG. YOU ACKNOWLEDGE AND AGREE THAT, AS OF YOUR DATE OF PURCHASE OF ANY PRODUCT, THE EXACT AMOUNT OF DAMAGES IN THE EVENT THE PURCHASE ORDER IS CANCELLED PRE-SHIPMENT WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN, AND, AS ORDERS MAY NOT BE CANCELLED AT ANY TIME, THE DEPOSIT CONSTITUTES A REASONABLE AND FAIR APPROXIMATION OF ANY DAMAGES TO LVG CAUSED BY SUCH CANCELLATION (INCLUDING LVG’S LOST PROFITS AND THE COSTS OF STORAGE, OVERHEAD, REPURPOSING AND RESALE OF SUCH CANCELLED PRODUCT), AND IS NOT A PENALTY.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND/OR YOUR PURCHASE THROUGH THIS SITE IS AT YOUR SOLE RISK AND CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER LVG, NOR ANY OF ITS AFFILIATES (REFERRED TO COLLECTIVELY HEREIN AS “THE LVG COMPANIES”), NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, AGENTS OR SITE SERVICE PROVIDERS WILL BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING PURCHASES THROUGH THIS SITE, OR FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, STATUTE OR TORT, EVEN IF THE LVG COMPANIES OR SITE SERVICE PROVIDERS ARE EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY AND HOLD THE LVG COMPANIES AND WEBSITE SERVICE PROVIDERS HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES. FOR PURPOSES HEREOF, “WEBSITE SERVICE PROVIDERS” SHALL MEAN THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE WEBSITE SERVICES TO THE LVG COMPANIES THAT CONTRIBUTE TO THE FUNCTIONALITY OF THE WEBSITE.

TO THE EXTENT ANY OF THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED IN ANY JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LVG COMPANIES AND WEBSITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100.00) AND, CONDITIONED UPON THE RETURN OF ANY PURCHASED PRODUCTS THAT ARE THE SUBJECT OF THE DISPUTE, RETURN OF ANY FUNDS RECEIVED BY LVG FOR SUCH PURCHASED PRODUCTS.

CONTACTING US

If you have any questions about this agreement, please send us an e-mail at info@lightvitalitygroup.com. Although Light Vitality Group, Inc. will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Light Vitality Group, Inc. does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. If you prefer to contact Light Vitality Group, Inc. in writing, you may contact the organization using the information below.

LIGHT VITALITY GROUP, INC.

6135 CHAROLAIS DRIVE

LAKELAND, FL 33810

JURISDICTION AND GOVERNING LAWS

You agree that this agreement and your use of this Site are governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New York County, New York, USA in all disputes arising out of, relating to, or in any manner concerning this Site and/or this agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Light Vitality Group, Inc. has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

ARBITRATION

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in New York, NY, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

MISCELLANEOUS

You agree that no joint venture, partnership, employment or agency relationship exists between you and Light Vitality Group, Inc. as a result of this agreement or your use of this Site.

Light Vitality Group, Inc.’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Light Vitality Group, Inc.’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Light Vitality Group, Inc. with respect to such use. This agreement and Light Vitality Group, Inc. Privacy Policy constitutes the entire agreement between you and Light Vitality Group, Inc. with respect to this Site.

This agreement and Light Vitality Group, Inc. Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Light Vitality Group, Inc. with respect to this Site. No modification of this agreement shall be effective unless it is authored by Light Vitality Group, Inc. or its affiliates, or unless it is physically signed by a Light Vitality Group, Inc. officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Light Vitality Group, Inc. in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Light Vitality Group, Inc. in printed form.