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1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at: (507) 725 8883 OR VIA EMAIL: [email protected]
You acknowledge and agree that you have no license, permission or right to duplicate the SMOOTHTOE® product in any form or to sell it, distribute it or redistribute it, whether for profit or not for profit, to any person or entity for any reason.
2. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
3. CONTACT US
If you need to contact us, you can email us at: [email protected], call us at 1.507.725.8883, or send us a letter at:
Lifestyle Medical Group LLC
405 S Hwy 44/76
Caledonia MN 55921
4. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Giving you a refund or a replacement product in accordance with the terms and restrictions that are set forth herein is the full and complete liability that the Seller of SMOOTHTOE® (Company) has to you, the Buyer.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
If you live in a location that requires custom duties and/or VAT taxes to be collected, understand that, unless custom duties and/or VAT taxes are collected at the point of sale by the Company, that you remain entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to your instructions. If, for any reason, it should happen that the Company’s courier or freight account is charged for custom duties and/or VAT taxes, instead of you paying the referenced charges, then you hereby authorize the Company to bill your credit card for said charges or for the return of goods if they are refused at the point of destination.
7. CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
You warrant that you are over 18 years of age, not subject to the Child Online Privacy Act, are of legal age to enter into contractual agreements in the state in which you are present when you complete any purchase of SMOOTHTOE® and are the true and authorized owner of the credit card used to complete any purchases of SMOOTHTOE®.
If you, as the true and/or authorized owner of the credit card attempts to perpetrate or actually perpetrates a fraud upon the Company, then you hereby authorize each and every credit card company and merchant service provider to disclose to the Company all information that could be construed as proof of fraud, including proof of credit card fraud.
If you attempt to perpetrate a fraud upon the Company involving the use of a credit card you herewith give authorization for the Company to access all credit and personal information pertaining to you from any source, including credit reporting agencies, and you also authorize the Company to discover all relevant information from any source about your fraudulent practices and to reveal such information to others, including, but not limited to, credit reporting agencies, credit card companies, merchant service providers, and/or law enforcement agencies.
Your agree that if you use trickery or deceit to receive more than one refund, or if you cause a fraudulent dispute claim that results in a chargeback against the Company’s account, that the Company is authorized to re-charge the your credit card that was used for the original purchase to the extent that will make the Company whole. You agree that, in addition to paying actual damages to Company, you will pay Company liquidated damages in an amount equivalent to US$10,000 for each and every separate fraudulent transaction committed by you against Company and/or Company’s agents, servants, employees and affiliates or others to the detriment of Company or Company’s reputation.
8. ASSUMPTION OF RISK
You agree to accept all risks associated with the purchase or use of SMOOTHTOE®, including but not limited to, ingestion of or application to your person, the use of the SMOOTHTOE® product personally or in business, all taxes and regulations that are or may be applicable to the purchase of SMOOTHTOE® by you, and all legal compliance issues related to the product. You warrant a complete and thorough understanding that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from the purchase and/or use of SMOOTHTOE®.
9. SEVERABILITY AND INTEGRATION