Effective Date: June 2nd, 2020
BY CHOOSING TO USE AND/OR ACCESS THE WEBSITE, YOU ACKNOWLEDGE AND CERTIFY THAT:
- YOU WILL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, TREATIES, AND ORDERS.
- YOU ARE AT LEAST TWENTY ONE (21) YEARS OLD.
1753 Boxelder St. Louisville CO 80027
The Website is controlled and operated by us from our offices in the State of Colorado and is intended only for persons residing in the United States. We make no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website outside of the State of Colorado should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Colorado.
We hereby disclaim all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make the Website available “as is”, without warranty of any kind. Neither we nor the Website shall be held responsible or liable for the accuracy of any information transmitted or made available through the Website, nor responsible for any error or omissions in any of that information. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Your access and use of the Website may be unavailable during periods of peak demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for other reasons. You assume the risk of any and all damage or loss from use of, or inability to use or access the Website.
All contents of the Website are Copyright © 2020 LYTE™, LLC. All rights are reserved. All of our trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Website, and all other proprietary rights (collectively, “Intellectual Property”) whether registered or not, are our property or are licensed to us. LYTE™ exclusively own all right, title, and interest in and to the Website, including all Intellectual Property.
By posting any reviews or making other user content (“User Content”) available through the Website, you hereby grant to LYTE™ a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and information on the Website to you and to other users.
DMCA COPYRIGHT NOTICE
If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable treaty, law, rule, order, or regulation or would give rise to civil, criminal, or administrative liability; (c) is fraudulent, false, misleading, untrue, or deceptive; (d) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (e) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (f) promotes illegal or harmful activities or substances;
- Without LYTE™’s express written consent, use, display, or publish any information or content on the Website, or any individual element within the Website; the LYTE™ name, Intellectual Property, or other proprietary information;
- Access, tamper with, or use non-public areas of the Website, LYTE™’s computer systems, or the technical delivery systems of LYTE™’s providers;
- Attempt to probe, scan, or test the vulnerability of any LYTE™ system or network or breach any of the security or authentication measures that we use or that are used by us for access to the Website;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LYTE™ or any of LYTE™’s providers or any other third party (including another user) to protect the Website;
- Attempt to access or search the Website or download content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LYTE™ or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a LYTE™ trademark, logo URL or product name without LYTE™’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
- Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Website;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Website;
- Collect or store any personally identifiable information, personal data, personal information, or other sensitive information from the Website or from other users of the Website without their express consent;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Encourage or enable any other individual to do any of the foregoing.
GOVERNING LAW; ARBITRATION
All arbitration conducted pursuant to this Agreement shall apply the laws of the State of Colorado. Each party to the arbitration shall pay, in equal portions, all arbitration fees through the final adjudication of any claim. The substantially prevailing party in any such arbitration or permitted court action shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its reasonable attorneys’ fees, expert fees, costs of the action, and costs of the arbitration (including, without limitation, arbitrator and arbitration forum costs and fees). Any action to enter judgment on the award rendered by the arbitrator may be filed in a court of competent jurisdiction in the State of Colorado.
Any and all arbitrations pursuant to these Terms shall occur solely and exclusively on an individual basis. Class arbitrations and class, representative, and/or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST ONE ANOTHER ONLY ON AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless LYTE™, LLC agrees 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.
LIMITATION OF LIABILITY
In no event will we be liable to you or any third party making claims on your behalf or through you (whether based in contract, tort, strict liability or any other legal theory) for any indirect, consequential, incidental, punitive, exemplary, or special damages, or any damages for loss of data, profits, revenue, reputation, business, or goodwill, or business interruption, damages relating to the loss, inaccuracy, corruption, or inaccessibility of data, costs of recovering data, or costs incurred in repairing or replacing computers, software, mobile devices, tablets, or other devices, even if we have been advised of the possibility of such damages. In no event will LYTE™ aggregate liability to you or to any third party making claims on your behalf or through you exceed all payments paid by you to LYTE™ during the twelve (12) months preceding the date that you assert any claim against LYTE™.
FOOD AND DRUG ADMINISTRATION DISCLOSURE
None of the products listed on the Website have been approved by the Food and Drug Administration (“FDA”). By using this Website, you acknowledge that you understand that the statements regarding our products have not been evaluated by the FDA; that our products are not intended to diagnose, treat, or cure any disease or ailment; and that results from our products may vary. Always check with a physician before trying any new dietary supplement, medicinal herb, or botanical extract. Although we ship throughout the U.S., we encourage all of our customers to do their down research into their individual state and local laws.