TERMS OF USE
Welcome to the LIFE ENRICHMENT CENTER (the “Website”), the Website for the LIFE ENRICHMENT CENTER OF TAMPA, FLORIDA.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ANY AND ALL POLICIES AND GUIDELINES (SUBJECT TO CHANGE). YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES.
USE OF WEBSITE:
Before using our Website, please take some time to review the following basic terms and conditions and the terms of our Privacy Policy and Terms of Use. Collection and use of user information under this Website is subject to the Privacy Policy. When you use our Website you are automatically agreeing to be bound by these Terms of Use. These Terms of Use may be changed or updated by the LIFE ENRICHMENT CENTER from time to time. We will inform users of the Website of any material changes to these Terms of Use by posting the revised Terms of Use on the Website. Those changes will go into effect on the last updated date shown in the revised Terms of Use. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing these Terms of Use and we encourage you to review them carefully whenever you use the Website. If you do not agree with any of the Terms of Use, please do not use the Website.
ELIGIBILITY
By using this Website, you represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the Website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Website may be subject in whole or in part to heightened age and/or other eligibility requirements.
IF YOU DO NOT AGREE TO THE TERMS OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS, DO NOT CONTINUE TO USE THE SERVICES.
TERMS AND PAYMENT OF SERVICES
CHARGES
You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by the LIFE ENRICHMENT CENTER. Such rates, terms and conditions will be posted on the Site or otherwise made available to you. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services.
PAYMENTS
All charges for the Services must be paid according to the then current price applicable to the Services. When ordering the Services through the Website, you must elect to pay for the Services by credit card. The LIFE ENRICHMENT CENTER reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.
CREDIT CARD PAYMENTS
When you pay for the Services by credit card, you expressly authorize the LIFE ENRICHMENT CENTER or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and the LIFE ENRICHMENT CENTER does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by the LIFE ENRICHMENT CENTER. You must notify us of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit the LIFE ENRICHMENT CENTER from charging your account.
STORED PAYMENT INFORMATION
If you choose to save payment card information in your account, you authorize the LIFE ENRICHMENT CENTER to store such information solely for the purpose of completing future orders that you place on the Website and processing returns and credits associated with your orders. We will notify you of any changes to the use of your stored information by notice to the email address that you provide.
USE OF SERVICES
RESPONSIBILITY FOR USE
You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect to your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services.
INTELLECTUAL PROPERTY
All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the Content) is the property of the LIFE ENRICHMENT CENTER.
The trademarks, logos, and service marks displayed on the website owned by the LIFE ENRICHMENT CENTER (collectively, the Trademarks) are the registered and unregistered marks of the LIFE ENRICHMENT CENTER, our affiliates, partners or licensors, in the United States. Third party trademarks displayed on the Sites are the property of the respective third party and utilized by the LIFE ENRICHMENT CENTER pursuant to a license.
Except as required under applicable law, neither the Content nor Trademarks nor any portion of the Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to via email to [email protected]
EXCLUSION AND LIMITATION OF LIABILITY
Exclusion of Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE LIFE ENRICHMENT CENTER, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY THE “ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH OUR SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
Limitation of Liability
CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE ENTITIES. IN SUCH INSTANCES, THE AGGREGATE LIABILITY OF THE ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY THE LIFE ENRICHMENT CENTER HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
FRAUD PROTECTION
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
INDEMIFICATION
You agree to defend, indemnify and hold harmless the LIFE ENRICHMENT CENTER, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Sites, including your contributions, any use of the Sites’ content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the LIFE ENRICHMENT CENTER reserves the right, to terminate your right to use the Site if we determine, at our discretion, that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. The LIFE ENRICHMENT CENTER accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, the LIFE ENRICHMENT CENTER has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
The LIFE ENRICHMENT CENTER respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TERMINATION
We reserve the right not to provide the Website to any user. We also reserve the right to terminate any user’s right to access the Website at any time, in our discretion. If you violate any of these Terms, your permission to use the Website automatically terminates.
