Terms of Use

WebSite TERMS OF USE AGREEMENT

Last Updated: June 18, 2021

  1. Acceptance of Agreement.

The following Website Terms of Use Agreement (the “Terms of Use” or “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and OriginLyfe, LLC ( “OL,” “we,” “us,” or “our”) governing your access and use of the web site located at www.originlyfe.com, including all content, functionality, services, solutions, or subsidiary webpages offered on or through the Website (the “Website”).  The terms and conditions outlined in this Agreement apply to all End Users who access or use the Website in any capacity. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU START TO USE THE WEBSITE.  BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THE WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AS WELL AS OUR PRIVACY POLICY https://originlyfe.com/privacy-policy/ WHICH IS INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT ACCEPT AND AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHALL NOT USE OR ACCESS THE WEBSITE.

  1. Eligibility.

Our Web site is offered and available to users who: (1) are 18 years of age or older and (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. If you do not meet these requirements, you must not access or use our Website. By accessing the Website, you represent and warrant that you are at least 18 years of age and are fully competent to enter into the terms, conditions, representations, and warranties set forth in these Terms of Use.  You may not use or access the Website if you do not agree to these Terms of Use or if you are accessing the Website from outside of the United States. 

  1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Website. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. Accessing the Website, Account Registration, and Account Security.

In order to access the Website or some of the resources the Website offers, you may be required to register and create an account and provide certain registration details such as your name, email address, phone number, or other data.  You represent and warrant that all of the information you provide in registering your account are true and complete and you agree to update your account upon any changes to such information. 

We reserve the right to withdraw or amend our Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.

If you register and create an account to access certain portions of the Website, you will create or be provided with a username and password for your account.  You must treat your username, password, or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person with access to the Website or portions of it using your username, password, or other security information.  You agree to notify OL immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you logout and exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.  We maintain the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of this Agreement and comply therewith.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  1. Authorized User.

 

By and/or creating a user account, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you shall not be allowed to register for an account and/or shall not otherwise access or use the Website.

 

  1. Intellectual Property Rights.

Our Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the OL.

  1. Trademarks.

Our company name, logo, URL, and all related names, logos, product and service names, designs, and slogans may be considered under various laws to be , trade names, services marks or logos (the “Marks”) of OL or its affiliates or licensors. You may not use such Marks without the prior written permission of OL or its affiliates or licensure. All other names, logos, product and service names, designs, and slogans on our Web site are the Marks of their respective owners. Ownership of all such Marks and the goodwill associate therewith remains with us or our affiliates. All rights not expressly granted are reserved.

  1. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license to: (a) access and use the Website strictly in accordance with this Agreement; (b) use the Website solely for internal, personal, non-commercial purposes; and (c) print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. 

  1. Restrictions and Prohibitions on Use.

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

  • Copy, print (except as permitted by these Terms of Use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website.
  • Use the Website or any materials obtained from the Website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
  • Create compilations or derivative works of any information from the Website.
  • Use the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to or associated with the Website.
  • Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website.
  • Make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future.
  • Remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture or otherwise attempt to discover the source code or underlying ideas or algorithms of the Website.
  • Use any automatic or manual process to harvest information from the Website.
  • Use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; (3) unsolicited telephone calls or facsimile transmissions; and (4) any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.
  • To impersonate or attempt to impersonate OL, a OL employee, another End User or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).
  • To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • To post any data or information that violates the legal rights of others or contains any material that could give rise to civil or criminal liability under applicable laws or regulations or that otherwise may be on conflict with these Terms of Use.
  • Screen scrape, monitor, mine, copy, or mirror the Website.
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent.
  1. Monitoring & Enforcement; Termination

 

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

  • Terminate or suspend your access to all or part of the Web site for any or no reason, including without limitation, any violation of this Agreement.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

 

YOU WAIVE AND HOLD HARMLESS OL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

  1. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. The content on the Website may be updated from time to time.  It may not necessarily be complete or up-to-date at any given time.  We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and or reporting services. All statements and or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by OL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Linking to the Website.

You may provide links to the Website, provided: (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website, (b) your site does not engage in illegal or pornographic activities, or otherwise damages our reputation or take advantage of it, and (c) you discontinue providing links to the Website immediately upon request by us.

  1. Advertisers.

The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

  1. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

 

  1. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

  1. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

  1. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.

  1. No Warranties; Limitation of Liability.

THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”  AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE.  WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY FOR ANY PURPOSE 9WHETHER OR NOT WE KNOW OR HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE ARE IN FACT ARE AWARE OF SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.. THE WEBSITE IS CONTINUALLY UNDER DEVELOPMENT, AND WE RESERVE THE RIGHT TO REVISE OR REMOVE ANY PART OF THE WEBSITE OR THE AVAILABILITY OF THE SERVICE IN OUR SOLE DISCRETION AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU. WITHOUT LIMITATION, OL AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SECURITY, RELIABILITY, QUALITY, OWNERSHIP, ACCURACY OR AVAILABILITY OF THE WEBSITE, CONTENT, OR SERVICES.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOU AGREE THAT NEITHER OL OR ANY OF ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS OL AND ITS PROVIDERS, INCLUDING ALL RESPECTIVE AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL CUMULATIVE LIABILITY OF OL AND ITS THIRD PARTY PROVIDERS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU TO OL FOR THE SERVICES. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL OL OR ITS THIRD PARTY PROVIDERS, INCLUDING ALL RESPECTIVE AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

  1. Indemnification.

You hereby indemnify OL and its subsidiaries, affiliates, officers, directors, employees and agents and hold harmless against any claims, awards, losses, damages (including punitive damages), costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by OL to a third party in settlement of a claim or dispute) arising out of or related to (i) any breach by you of any provision of this Agreement, (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, or (iii) any claim that content provided by you caused damage or loss to a third party.    This defense and indemnification obligation will survive your use of the Website and any termination of this Agreement.

  1. Miscellaneous.

Any cause of action or claim by you relating to these Terms of Use or the Website  must be instituted within one (1) year after the cause of action accrues or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement. The Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and its content, products, or services.

OL shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of OL and not due to OL’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots , or unavailability of supplies. 

  1. Law and jurisdiction; Interpretation.

The Agreement and all matters arising out of or relating to the Website is governed by and construed in accordance with laws of the State of Tennessee and federal laws of the United States of America. If any provision of the Agreement is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. 

  1. Entire Agreement.

These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy https://originlyfe.com/privacy-policy/ constitute the sole and entire agreement between you and us with respect to the Website and supersede all previously written or oral agreements regarding the Website.

23        Term and Termination

This Agreement is effective upon your acceptance of it as stated herein (the “Effective Date”) and it shall continue in effect in accordance with this section (the “Term”).  You may terminate this Agreement at any time by discontinuing your use of the Website, closing your account, and providing us with a notice of termination.  We reserve the right, without notice and in our sole discretion, to modify, suspend, discontinue or terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website. 

Contact Information

If there are any questions regarding the Agreement, you may contact us using the information below:

Website: www.originlyfe.com

Email: info@originlyfe.com

In Writing: OriginLyfe, LLC, 114 Crawdad Drive, Fort Blackmore, VA 24250

 

 

 

 

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