Terms of Use

Welcome to the Lifestyle Evolutions website.

By using or visiting the Site, you agree to be bound by these terms (“Terms” or “Terms of Use” or “TOS”) and any renewal of these Terms. The word “Site” refers to the website located at www.lifestylevolutions.com. The terms “we”, “us”, and “our” refer to Lifestyle Evolutions LLC (“LE”), an Illinois limited liability company. The terms “you”, “your”, and “yours” refer to each person entering into. Logging into or using the Site or each person displaying information or uploading Content to the Site.

License Grant.

LE hereby grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to enter and use the Site, in accordance with these Terms: (a) to browse and explore the site (b) make purchases on the Site (c) upload Content to the Site and (d) sell on the Site.

Restrictions on Use.

Your entry in to, and use of, the Site is subject to the following restrictions. You agree not to (a) violate any laws or regulations, (b) harass anyone in any manner or form, (c) transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code, routines or files, (d) upload, distribute or otherwise publish any content which is libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or (e) infringe the intellectual property or other rights of third parties and LE, or upload, store, share, display, post, email transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

Ownership.

Entering or using the Site does not give you any ownership of our intellectual property or ownership of any intellectual property rights to the Content you access. You may not use our intellectual property without our express written permission. You may not use Content from the Site without the express written permission of the owner unless you are otherwise permitted by law. We retain all right, title and interest (including without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Site.

Accounts.

You agree to provide truthful and accurate information when creating and using your account. You agree to keep your login credentials confidential and not to share your login credentials with anyone. You agree that you are responsible at all times for the Content of your account. You consent to receiving electronic communications from us related to your use of the Site. You agree that all notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communication be in writing. Notices from us intended for you shall be deemed delivered and effective when sent to the email address you provide to us. You agree that we may contact you electronically in a manner consistent with our Privacy Policy.

Membership.

Our membership program (“Membership Program”) is exclusively for users of the Site that have registered for our Membership Program and have agreed to the Membership Program terms. Click here for the terms of our Membership Program.

Orders.

Prices and availability of products on the Site are subject to change without notice. LE reserves the right (including after an order has been submitted) to revoke any offer due to an error, inaccuracy or omission in the posting, the unavailability of the product, shipping related issues, failure to pay, or inability to verify information. LE reserves the right, without prior notification, to limit the quantity of any order and/or refuse service to any customer.

Returns, Shipping and Payments.

Click here for our policies on returns, shipping and payments.

Commission.

Click here for our policies on commissions.

Content You Post.

You may only post text, photographs, videos or other content (“Content”) on the Site in accordance with these Terms. You must own the rights to the Content you post on the Site or have permission from the rights holder. You do not transfer ownership of your Content by posting it on the Site. However, by posting Content on the Site, you grant us, our agents, licenses, and assigns, an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit and otherwise use your Content. You agree to indemnify, release and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury and expense, including attorneys’ fees and costs, arising out of, or related to, any Content you post.

Content Posted By Others.

We are not responsible for and do not endorse Content posted by any other person. You agree that we are not liable, directly or indirectly, for any loss or damage caused to you by the Content posted by another person using the Site.

Links To Other Sites.

Our Site may contain links to other third-party sites. We are not responsible for the content or reliability of such sites. We provide these links solely as a convenience and do not endorse such sites. You are solely responsible for viewing any third-party sites accessible via such links and for abiding by the terms of use posted at any such sites.

Modification and Termination.

We reserve the right to modify the Site at any time with or without notice to you. We may add or remove functionality or features and may suspend or stop any particular feature. We also reserve the right to charge for any of our features at any time.

Suspension or Termination of Your Account.

We reserve the right to suspend or terminate your account if (i) you fail to pay our fees, (ii) we reasonably believe you have violated these Terms, (iii) we suspect or detect any malicious software, viruses or other harmful computer code, routines or files connected with your account or your Content, (iv) a claim is made by a third party of infringement of intellectual property rights, and/or (v) we suspect illegal, fraudulent or abusive behavior connected with your account. If your account is terminated for any reason, you understand and agree that your Content will be deleted. You agree that LE is not responsible for maintaining a backup of your Content. You agree that you are solely responsible for maintaining a backup of your Content.

Indemnification.

You will indemnify, defend and hold LE harmless against any claim, expenses, injury and damage, including attorneys’ fees and costs (a) resulting from, or related to, your entry or use of the Site, (b) by LE alleging a breach of these Terms, (c) alleging that your Content infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret and (d) alleging that you infringed or misappropriated a valid patent, copyright, trademark or trade secret belonging to LE.

Disclaimers.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. LIFESTYLE EVOLUTIONS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL LIFESTYLE EVOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY AFFILIATE FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA (BEING DATA LOST IN THE COURSE OF TRANSMISSION VIA YOUR SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF LIFESTYLE EVOLUTIONS), BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY YOU OR ANY AFFILIATE IN CONNECTION WITH THESE TERMS, REGARDLESS OF WHETHER LIFESTYLE EVOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LIFESTYLE EVOLUTIONS’ AGGREGATE LIABILITY TO YOU, ANY AFFILIATE, OR ANY THIRD PARTY ARISING OUT OF THESE TERMS, SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID LIFESTYLE EVOLUTIONS IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. WE HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE SITE PROVIDED FOR IN THESE TERMS. THE LIMITATION OF LIABILITY PROVIDED FOR HEREIN WILL APPLY IN AGGREGATE TO YOU AND YOUR AFFILIATES AND SHALL NOT BE CUMULATIVE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS.

Export Controls.

You agree to comply with all export and import laws and regulations. You agree you will not use the Site in violation of any US export embargo, prohibition, or restriction. You covenant and agree that you will not directly or indirectly use the Site to promote, sell, export, re-export, transfer otherwise dispose of any products or services prohibited by the laws or regulations of the United States or the European Union.

Arbitration.

YOU AND LIFESTYLE EVOLUTIONS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. YOU AND LIFESTYLE EVOLUTIONS ALSO AGREE TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS AVAILABLE IN COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

Any dispute between You and LE, its officers, members, employees, agents and affiliates, arising from or related to these Terms, including their interpretation, will be settled by binding arbitration. Before initiating arbitration, the initiating party must provide the non-initiating party a minimum of 60-days advanced written notice of its intent to initiate arbitration. We will provide notice to You by email to the email address on file. You must provide notice to us by email to info@lifestylevolutions.com. During the 60-day notice period, the parties shall engage in a good faith effort to amicably resolve their dispute. Arbitration shall be conducted before a single arbitrator under the rules of the American Arbitration association. The arbitration shall be conducted by telephone or videoconference unless either party requests an in person hearing and the arbitrator approves. Any in-person hearing shall be conducted in Chicago, Illinois unless the parties mutually agree to another location. The arbitrator shall have the authority to grant the same relief available in a court of law or equity, including emergency, preliminary and permanent injunctive relief, and the arbitrator’s decision will be final and binding. All disputes submitted to arbitration shall be solely on an individual basis and neither party shall be entitled to arbitrate any matter on a class, representative or private attorney general basis. The laws of the State of Illinois shall apply in all arbitration proceedings without regarding to conflicts of laws provisions.

Miscellaneous.

You may not directly or indirectly assign all or any part of these Terms without the express written permission of LE. These Terms constitute the entire agreement between the parties, and supersedes any and all prior agreements between You and LE with regard to the subject matter hereof. If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.