Terms Of Service

The following terms and conditions ("Terms") govern your use of, access to, and purchase of products or services from our online and mobile websites, platforms, and applications owned and operated by Lyvecap ("Lyvecap," "we," "us," or "our"), including without limitation, https://lyvecap.com (collectively, our "Website"). By using our Website, you agree to comply with and be bound by all of the Terms contained below, along with the terms and conditions as stated in our Privacy Policy.

We reserve the right to modify these Terms from time to time without notice. The date of the latest version of these Terms is indicated at the end of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of our Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not wish to be bound by these Terms, do not access our Website and do not purchase our products or services.

Responsible Use and Conduct

By visiting our Website and accessing the information, resources, services, and tools we provide for you, and purchasing our products or services, either directly or indirectly (collectively, our "Resources"), you agree to use these Resources solely for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.

You further understand that:

In order to access our Resources, you may need to provide certain personal information about yourself (such as identification, contact details, etc.) as part of a registration process, or as part of your ability to use the Resources or buy our products or services. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for keeping confidential any login information associated with any account you use to access our Resources. Therefore, you are responsible for all activities that occur under your account(s).

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks on which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

While we do not assume any liability for any content posted by you or any other third-party users of our Website, any content posted by you using any open communication tools on our Website, provided it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of Lyvecap. As such, this gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This applies only to content posted via open communication tools as described and does not refer to information that is provided as part of our registration process or necessary to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. ("Your Submissions"). You understand that generally, we do not pre-screen or monitor the content posted by users of these various communication tools. Therefore, if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
3. Contains any type of unauthorized or unsolicited advertising; or
4. Impersonates any person or entity, including any Lyvecap employees or representatives.

We reserve the right, at our sole discretion, to remove any content that we feel does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

When you provide Your Submissions on our Website, you grant to Lyvecap a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable, and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display, and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona, or likeness alone or in connection with such uses, without any obligation or remuneration to you.

Intellectual Property

All content, features, and functionality of our Services are owned by Lyvecap, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Content You Provide

You retain ownership of the content that you create or own and post on our Services. However, by posting content, you grant Lyvecap a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, modify, reproduce, display, and distribute your content.

Termination

We reserve the right to suspend or terminate your access to our Services at any time, for any reason, and without notice. Upon termination, all provisions of these Terms that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Disclaimers

Our Services are provided "as is" and "as available." We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event will Lyvecap, its affiliates, employees, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Cancellation Policy

Your membership in Lyvecap's automatic renewal program will remain active until you decide to cancel it. However, Lyvecap reserves the right to terminate your membership in the program at any point, at our sole discretion, without providing any prior notice.

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SUBSCRIPTION RENEWAL WILL BE AUTOMATICALLY PROCESSED AND BILLED TO THE PAYMENT METHOD YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY EMAILING US AT hello@lyvecap.com AT LEAST THREE (3) DAYS PRIOR TO THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. ALTERNATIVELY, YOU CAN DIRECTLY CANCEL YOUR SUBSCRIPTION FROM YOUR ACCOUNT.

You are required to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate. This includes any changes in billing address, credit card number, or credit card expiration date. You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). You can make changes to such information by emailing us at hello@lyvecap.com. 

You can also update your billing information directly in your account. Failure to timely update your credit card information may lead to termination of your membership in our automatic renewal program and your account may be sent for collection.

Subscription Billing Terms

When you opt for a monthly subscription to Lyvecap, you're acknowledging that your subscription is subject to an initial and recurring payment, charged at the current subscription rate. You are responsible for all recurring charges prior to cancellation, which may include any charges processed by Lyvecap subsequent to the expiration of your payment card.

Your subscription will automatically renew for successive monthly periods. Correspondingly, your chosen payment method will automatically be charged for each succeeding monthly period at the then-current subscription rate unless and until you cancel your monthly subscription renewal.

Cancellations can be made at any time, but please note that you must cancel your subscription before it renews in order to avoid billing of the next month's subscription fees to your payment method. Refunds cannot be claimed for any partial-month subscription period.

By subscribing to Lyvecap, you accept these terms and take responsibility for all charges until you cancel your subscription. We recommend our subscribers to keep their payment details up-to-date to avoid service disruption.

If you have any questions about your subscription, billing, or wish to cancel, please reach out to our support team at hello@lyvecap.com.

Shipping Policy

As part of our Terms of Service, please note the following important aspects of our shipping policy:

If you are part of our subscription program, it is your responsibility to update any changes to your shipping address at least three (3) days prior to the renewal of your subscription. This ensures that we can deliver your order to the correct location in a timely manner. You can update your shipping address directly in your account settings or by reaching out to our customer support at hello@lyvecap.com. 

In the event that you change your shipping address after your order has already been dispatched, we are unable to redirect the shipment to the new address. In such cases, you will need to wait for the next scheduled shipment under your subscription plan, or you can choose to place a new order with the updated shipping address.

Lyvecap will not send duplicate orders to cover errors in the shipping location made by the user. We encourage all users to check and ensure the accuracy of their shipping information upon placing an order and before a subscription renewal to avoid any inconveniences.

Our commitment is to provide you with the best service possible. However, please understand that we cannot be responsible for delays or issues in delivery once the order has left our facilities and is in the care of the shipping carrier. If there are any issues with receiving your order, contact our customer service for assistance.

By using our services, you agree to this shipping policy and the responsibilities laid out within. For any queries or further assistance, do not hesitate to contact our customer service team.

Healthcare Disclaimer

Please note that our website is not intended to provide medical advice, diagnosis, or treatment. The resources, including our products and services, provided on and through our website, including information that may be provided directly or via linking to third-party sites by a healthcare or nutrition professional, are intended for informational purposes only. We urge you to consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

Before using any medication or nutritional, herbal, or homeopathic product; starting any diet or exercise program; or adopting any treatment for a health issue, always consult with your Healthcare Professional. Additionally, carefully read all information provided by the product manufacturer and on or in any product label or packaging. Reactions to a particular product can significantly vary from person to person. Also, please consult your Healthcare Professional regarding any interactions between any medication you are currently taking and our products.

Lyvecap employees, consultants, and agents may publicly describe their experiences with specific Lyvecap products. Any comments made by such individuals that are not explicitly endorsed by Lyvecap are strictly their personal views made in their personal capacity. These comments do not represent claims made by Lyvecap, nor do they represent the views or positions of Lyvecap.

Products for Personal Use

The products available on our website, including any samples we may provide to you, are intended for personal use only. The sale or resale of any products or samples you purchase or otherwise receive from us is strictly prohibited. By purchasing any product from Lyvecap, you agree not to offer the products or samples for resale. We reserve the right, with or without prior notice, to cancel or reduce the quantity of any orders or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

Order Acceptance

Kindly note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Charges to your credit card or other approved methods of payment will not be processed until your payment method has been authorized, the order information has been verified for accuracy, and your order has been shipped.

Pricing or Typographical Errors

At Lyvecap, we put in every effort to ensure the accuracy of product and pricing information. However, there may be instances where typographical errors or pricing inaccuracies occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Lyvecap reserves the right, at our sole discretion, to refuse or cancel any orders placed for the inaccurately listed item.

If a product is mispriced, we may reach out to you for further instructions or choose to cancel your order, notifying you about the cancellation. Please note that prices and availability are subject to change without prior notice. We appreciate your understanding and cooperation in such situations.

Purchase Policy

At Lyvecap, we aim to provide products and services that will fully meet your expectations. However, please be aware that all sales are final and we do not offer returns or exchanges.

Once a purchase is made, we do not provide refunds, regardless of the situation. We recommend reviewing your order thoroughly before finalizing it to ensure it meets your requirements.

If you have any questions about our products or need assistance, our customer service team is always available to help. You can reach out to us at hello@lyvecap.com. 

By making a purchase, you acknowledge and agree to this policy. For further queries or assistance, please don't hesitate to contact our customer service team.

Limitation of Warranties 

By using our Website, you understand and agree that all Resources we provide are “as is” and “as available.” Lyvecap makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our 

Resources available on this website for any purpose, and expressly disclaims (to the fullest extent of the law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement. 

This means that we do not represent or warrant to you that the: Use of our Resources will meet your needs or requirements. Use of our Resources will be uninterrupted, timely, secure or free from errors. Information obtained by using our Resources will be accurate or reliable, and Defects in the operation or functionality of any Resources we provide will be repaired or corrected. 

Furthermore, you understand and agree that: Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice, whether expressed, implied, oral or written, obtained by you from Lyvecap or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

Entire Agreement; Severability; No Waiver

These Terms, along with our Privacy Policy and any additional policies posted on our Website, represent the complete agreement between you and Lyvecap with respect to the subject matter of these Terms. They supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Lyvecap regarding such subject matter. If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions will continue to be effective, and the invalidated provision will be considered replaced by an enforceable provision that most closely reflects the intent of both you and Lyvecap.

Our failure to exercise or enforce any right or provision in these Terms does not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. 

The Website may contain links to external websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Lyvecap, and Lyvecap is not responsible for any Third-Party Links & Ads. Lyvecap provides these Third-Party Links & Ads as a convenience to you, without any review, approval, monitoring, endorsement, warranty, or representation related to these Third-Party Links & Ads. You interact with all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion when doing so. When you click on any of the Third-Party Links & Ads, the respective third party's terms and policies apply, including their privacy and data gathering practices. It is advisable to investigate to your satisfaction before proceeding with any transaction connected to such Third-Party Links & Ads.

Other Users. 

Each user of our Website is solely responsible for any and all of their User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. We do not guarantee the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of our Website are solely between you and such users. You agree that Lyvecap will not be responsible for any loss or damage resulting from any such interactions. If a dispute arises between you and any other user of our Website, we are not obliged to get involved.

Release. 

You hereby release and forever discharge Lyvecap (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Copyright/Trademark Information 

Copyright © 2023 Lyvecap, Inc. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that may own the Marks.

Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review this Terms of Service periodically for any changes.

Contact Us

If you have any questions about these Terms, please contact us at hello@lyvecap.com.

Governing Law

These Terms are governed by the laws of the jurisdiction in which our company is located, without regard to its conflict of law provisions. Your use of our Services is also subject to all applicable local, state, national, or international laws.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services will be resolved in accordance with the laws of the jurisdiction in which our company is located.

Thank you for choosing Lyvecap!

Last Updated: 9/17/23