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Terms of Service

 
Effective: May 18, 2021
 
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
 
These Terms of Use govern your access to, and use of, the Longève Brands Web site located at www.longevebrands.com (the “Site”), owned by Longevity Nutrition, Inc. dba Longève Brands (“Longève", “Longève Brands”) and its technology Services, including but not limited to all services provided by Longève. The website,mobile applications, other services, and to personal information collected offline (“Services”).
Longève reserves the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Longève Web site or Services. Your continued use of the Longève Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services. You warrant and attest that the persons providing personally identifying information are at least 18 years of age. 
All other questions or comments about the Services should be directed to support@longevebrands.com.
 
  1. Privacy Policy and Feedback
Please refer to our Privacy Policy for information on how Longève collects, uses and discloses personally identifiable and other information from users of its Services.
If you provide Longève with any feature requests, comments, suggestions or other feedback ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.
 
  1. Copyright and Limited License
Unless otherwise indicated, the Services and all content on the Services, including, without limitation, any Longève logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the property of Longève, its licensors, or its customers and are protected by U.S. and international copyright laws.
To the extent that Longève grants you access, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. Such license is subject to these Terms of Use and does not include or authorize: (a) any resale or commercial (non-personal) use of the Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the  Services; (e) downloading (other than page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Longève’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services; or (g) collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes; (h) use of any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Services or the Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Longève, in writing. Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of Longève, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
 
  1. Account Registration; Consent to Receive E-Mails and Notice
The Site gives you the option to provide personal information for contact Longève.  By entering your e-mail address during the process, you agree to receive Longève’s email communications.  The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent.  The notice address of Longève shall besupport@longevebrands.com (or such other address as is provided by Longève to you) and your notice address for the receipt of notices pursuant to this Agreement shall be any e-mail address you have provided by signing up for Longève’s email communications. You also agree, unless you opt out, to receive other newsletters and marketing e-mails that Longève may distribute in the future.
 
  1. Hyperlinks
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Services, provided such link does not portray Longève, any of its products and services, in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Longève logo or other proprietary graphic to link to the Services without the express written permission of Longève. Further, you may not use, frame or utilize framing techniques to enclose any Longève trademark, logo or other proprietary information, including the images found through the Services, the content of any text or the layout/design of any page or form displayed through the Services without Longève' express written consent. Except as otherwise noted in this section, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of Longève or any third party.
 
  1. Third Party Content
Longève or its customers may provide links to Web pages and content of third parties, such as Longève’s partners and affiliates, as a service to those interested in such links and content, and Longève may post third party content or allow users to post their content.  Longève does not monitor or have any control over any Third-Party Content or third-party Web sites. Longève does not endorse or adopt any Third-Party Content or third-party Web site and can make no guarantee as to its accuracy or completeness. Longève does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content or third-party Web sites. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, or objectionable, and you use links, Third Party Content and third-party Web sites at your own risk.  When you leave the Longève Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site or services to which you navigate from the Longève Services.
 
  1. Third Party Goods and/or Services
The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the “Third-Party Goods and/or Services”). Longève does not monitor or have any control over such Third-Party Goods and/or Services. Therefore, Longève makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Goods and/or Service or the results obtained therefrom, and Longève assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing same. You assume full responsibility for same and Longève is not responsible or liable therefor.
 
  1. Advertisements and Promotions
In the event Longève runs advertisements or promotions from third parties as part of the Services, your business dealings or correspondence with, or participation in promotions of, advertisers other than Longève, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Longève is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Services.
 
  1. Warranty Disclaimers
The materials and the services are provided on an “as is” and “as available” basis without Warranties of any kind, either expressed or implied.   Longève disclaims all warranties, expressed or implied, including without limitation, implied Warranties of Merchantability, Title and Non-infringement of the information, content or materials, Fitness for a Particular Purpose.    Longève does not represent or warrant that materials including information available through the Website or Services, are accurate, complete, reliable, current, or error-free.   Longève does not represent or warrant that the services or its servers are free of viruses or other harmful components.  
Longève is not responsible for errors or omissions in any information or materials accessed through the website or the services.  While Longève attempts to make your access and use of the website or its services safe, Longève cannot and does not represent or warrant that the Services or its Server(s) or any content or materials are free of viruses or other harmful components.  Thereby you should use industry-recognized software to detect and neutralize viruses, spyware, malware, and other harmful or other undesirable components from any download. 
Longève reserves the right to change or delete any and all content and any Services at any time without notice.
 
  1. Limitation of Liability
IN NO EVENT SHALL LONGÈVE OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE  SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM LONGÈVE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LONGÈVE’S RECORDS, PROGRAMS, OR SERVICES.
LONGÈVE MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE SERVICES. 
 
  1. Compliance with Laws
You represent and warrant that your use of the Services shall comply with all local, state and federal laws.
 
  1. Indemnification
You agree to defend, indemnify and hold harmless Longève and its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, officers, regents, trustees, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to any User Content you post or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct (including, without limitation, violations of rules and/or policies of schools, universities, leagues and other private organizations), your violation of these Terms of Service and violations of the rights of any third party. 
 
  1. Term and Termination
This agreement shall continue until such time as either party terminates.  You may terminate without cause by sending written notice as provided herein.   Longève has the right to terminate the Services without cause only by providing thirty days prior notice as provided herein.  
 
  1. Termination for Cause
Longève may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement.  Any breach of your payment obligations or unauthorized use your account will be deemed a material breach of this Agreement. 
 
  1. Dispute Resolution
The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.  In the event of any controversy or claim arising out of or relating in any way to this contract, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association.  If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington.  The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal.  Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties.  It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed.  The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties.  Failure to adhere to this time limit shall not constitute a basis for challenging the award.  Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Forum. Subject to the dispute resolution provisions of this Agreement, the parties irrevocably submit and consent to the exclusive exercise of jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Washington. The parties hereby irrevocably waive any and all objections w to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Washington.
Attorney’s Fees. If a suit in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Waiver of Class-Wide Proceedings: You agree that, by entering into these Terms of Use, you and we are each waiving the right to participate in a class action or class arbitration. Each party to these Terms of Use agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
 
  1. Interstate Nature of Communications 
You acknowledge that in using Longève Services you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the service results in interstate data transmissions.
 
  1. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Longève but may be assigned without your consent by Longève to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
 
  1. Severability
If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
 
  1. Relationship.
This Agreement does not establish a joint venture, partnership, employment, or agency relationship.
 
  1. Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
 
  1. Entire Agreement. 
This Agreement and Privacy Policy, constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the Services and any acts or omissions of Longève and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
 
  1. Notice Regarding Electronic Commercial Services for California Users.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.