My Lifestyle Systems operates this website (the “Site”) to provide online product purchasing and access to information about My Lifestyle Systems and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”).
Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to herein as the “Agreement.”
My Lifestyle Systems reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about My Lifestyle Systems Products and Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. My Lifestyle Systems reserves com-plete title and full intellectual property rights in all Content. Except as expressly author-ized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive an-other work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and be-long to My Lifestyle Systems or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by My Lifestyle Systems or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, per-sonal use only. Any such download and/or reprinting may be subject to additional re-strictions, for example information from password restricted areas. You may not ma-nipulate or alter in any way images or other Content on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a conven-ience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by My Lifestyle Systems of the third-party, the third-party web site, or the information contained therein. My Lifestyle Systems is not responsible for the availability of any such web sites. My Lifestyle Systems is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of My Lifestyle Systems affiliates or ser-vice providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
5. Downloading Files
My Lifestyle Systems cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
6. Disclaimer of Warranties
My Lifestyle Systems MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. My Lifestyle Systems EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. My Lifestyle Systems DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. My Lifestyle Systems DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Limitation of Liability
IN NO EVENT WILL My Lifestyle Systems BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF My Lifestyle Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, My Lifestyle Systems’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless My Lifestyle Systems, its parent companies, sub-sidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
9. Privacy
Click Here to see My Lifestyle Systems's Privacy Policy. The Privacy Policy is incorporated herein by ref-erence.
10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or oth-erwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intend-ed for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
11. Unsolicited Idea Submission Policy
My Lifestyle Systems does welcome feedback regarding many areas of My Lifestyle Systems’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the contact areas on the Site. Any feedback or ideas that you provide shall be deemed an unsolicited User Submission and you agree that (1) your idea will automatically become the proper-ty of My Lifestyle Systems, without any compensation to you; (2) My Lifestyle Systems will have no obligation to return your idea to you or respond to you in any way; (3) My Lifestyle Systems will have no obligation to keep your idea confidential; and (4) My Lifestyle Systems may use your idea for any purpose whatsoever, in-cluding giving your idea to others.
12. User Supplied Information
You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any per-son or entity, and (2) you give My Lifestyle Systems the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibili-ties to you.
13. Password Security
If you apply to become a My Lifestyle Systems Distributor, you are responsible for maintaining the con-fidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your identification and password.
14. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by My Lifestyle Systems of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. My Lifestyle Systems therefore re-serves the right to correct any errors, inaccuracies or omissions and to change or up-date the Content at any time without prior notice. My Lifestyle Systems does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is de-termined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, My Lifestyle Systems’s Privacy Policy, your use of the Site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Any dispute arising herefrom shall be heard exclusively in Orange County, California.
Effective Date: 3/13/2020