Terms & Conditions
This terms and conditions Agreement sets forth the standards of use of the ACTIVEBUYS.com website. By using the ACTIVEBUYS.com website the user agrees to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the ACTIVEBUYS.com website. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. This website is intended for users that are at least 18 years of age.
ACTIVEBUYS.com is owned and operated by VitaLives, LLC, Doing Business As ACTIVEBUYS, LLC (“ACTIVEBUYS, LLC”), an organization established in the State of Delaware. ACTIVEBUYS.com is provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ACTIVEBUYS.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ACTIVEBUYS, LLC and ACTIVEBUYS.com shall have no liability for any interruptions in the use of this Website. ACTIVEBUYS, LLC and ACTIVEBUYS.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
ACTIVEBUYS, LLC AND ACTIVEBUYS.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ACTIVEBUYS, LLC AND ACTIVEBUYS.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR ANY OTHER LOSS ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ACTIVEBUYS, LLC AND ACTIVEBUYS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
We Do Not Provide Medical Advice
THE SITE MAY OFFER HEALTH, FITNESS, AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING AVAILABLE THROUGH ANY SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROVIDER BECAUSE OF INFORMATION YOU RECEIVE THROUGH THE SITE. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
Your use of the Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers or distributors. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be provided through the Site. If you rely on any of the information provided through the Site or by our employees, employees of our suppliers or distributors, or people who contribute to the Site, you do so solely at your own risk.
Electronic Communications
By agreeing to the Terms of Service and joining ACTIVEBUY.com you are opting in and agreeing to receive emails for products and services related to active, healthy living. If you do not wish to receive emails from ACTIVEBUYS, please do not join the website.
The communications between you and ACTIVEBUYS use electronic means, whether you visit the Site or send us emails, or whether ACTIVEBUYS posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ACTIVEBUYS in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ACTIVEBUYS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Indemnification
User of this website agrees to indemnify and hold ACTIVEBUYS.com, its parent, ACTIVEBUYS, LLC and subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of a user’s use of this website, the violation of this Agreement, or infringement by a user, or other user of the site using another user’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption of Service
ACTIVEBUYS.com reserves the right to modify or discontinue this website with or without notice to the user. ACTIVEBUYS.com shall not be liable to user or any third party should ACTIVEBUYS.com exercise its right to modify or discontinue the website. User acknowledges and accepts that ACTIVEBUYS.com does not guarantee continuous, uninterrupted or secure access to our website and that the operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
Monitoring
ACTIVEBUYS shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, ACTIVEBUYS shall have the right to remove any material from the Site that ACTIVEBUYS, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable.
Third Party Content
ACTIVEBUYS, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of ACTIVEBUYS. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with ACTIVEBUYS. ACTIVEBUYS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ACTIVEBUYS by anyone other than authorized ACTIVEBUYS employee spokespersons while acting in official capacities. Under no circumstances will ACTIVEBUYS be liable for any loss or damage caused by User’s reliance on information obtained through ACTIVEBUYS or the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ACTIVEBUYS or the Site.
ACTIVEBUYS contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ACTIVEBUYS of the contents on such third-party sites and ACTIVEBUYS hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at User’s own risk. Unless you have executed a written agreement with ACTIVEBUYS expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. ACTIVEBUYS reserves the right to revoke its consent to any link at any time in its sole discretion.
Jurisdiction
The business of this website is operated and provided from the State of Tennessee. As such, we are subject to the laws of the State of Tennessee and such laws will govern this terms and conditions, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Tennessee.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Intellectual Property:
All content included or available on this site, including site design, trade dress, text, graphics, interfaces, and the selection and arrangements thereof to be property of ACTIVEBUYS, LLC and ACTIVEBUYS.com and is protected by the Copyright Laws of the United States of America, with all rights reserved. Any use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ACTIVEBUYS, LLC and ACTIVEBUYS.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ACTIVEBUYS, LLC and ACTIVEBUYS.com
“ACTIVEBUYS,” “ACTIVEBUYS.com,” and “Live More – Spend Less.” are proprietary marks of ACTIVEBUYS, LLC. Trademarks may not be used in connection with any product or service that is not provided by ACTIVEBUYS, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ACTIVEBUYS, LLC and any and all of its holdings.
All other trademarks displayed on the ACTIVEBUYS.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ACTIVEBUYS, LLC and/or ACTIVEBUYS.com.
Other Terms:
If any provision of this Terms and conditions Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms and conditions Agreement and any other agreements referenced herein may be assigned by ACTIVEBUYS, LLC and ACTIVEBUYS.com in our sole discretion, to a third party in the event of a merger or acquisition. This Terms and conditions Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. Customer/User agrees that by accepting this Terms and conditions Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
ALL INFORMATION CONTAINED THROUGH THE ACTIVEBUYS.com™ WEBSITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
We are not responsible for typographical errors and although every effort is made to warrant that the information included on this website, ACTIVEBUYS.com, is accurate, from time to time a typographical error oversight may appear as it applies to, but not limited to price, model/style number, description, weights and measures. Please accept our apologies for such errors and corrections will be made as such errors are found. When a customer has encountered an item with an incorrect price, the customer will be notified and then can elect to either proceed with the order or not. The decision of honoring incorrect pricing, for whatever reason it has occurred, of merchandise is at the sole discretion of ACTIVEBUYS.com and is reviewed on a case-by-case basis.
If a User has any questions, comments or concerns regarding this legal notice, please feel free to contact us.
Last Update: January 30, 2012