Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Introduction
Welcome to our web site (the “Site”). These Terms and Conditions of Use is an agreement (the “Agreement”) between the user of the Site (“user,” “you,” or “your”) and Lighthouse Naturals, LLC (“Lighthouse,” “our,” “us,” or “we”) that governs your use of the Site.
By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.
We may, in our sole discretion, modify this Agreement at any time with or without notice to you. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications, so please make sure to review this Agreement when you visit the Site. Additionally, when accessing information, using services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases. All such guidelines and/or policies are hereby incorporated by reference into this Agreement.
2. Always Consult your Healthcare Practitioner
The product information, product labels or packaging, information, services and other content (collectively “Content”) provided on and/or through this Site, including Content that may be provided on the Site by a healthcare professional and/or any Content provided by a site that is linked to this Site (an “Outside Site”) are provided for informational purposes only. Each person is different, and the way you react to a particular product may be significantly different from how another person reacts to the same product. You should also consult your healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements.
THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM YOUR HEALTHCARE PRACTITIONER. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PRACTITIONER BEFORE USING ANY PRODUCTS, CONTENT OR THERAPIES THAT MAY BE AVAILABLE ON THIS SITE OR AN OUTSIDE SITE.
We are not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site.
3. Purchase Terms
If you make a purchase on the Site, your purchase will be subject to the following terms of purchase (“Purchase Terms”). By submitting payment information in connection with any such purchase, you agree to be bound by these Purchase Terms.
3.1 Payment methods and Billing
You must provide valid credit or debit card information if you would like to make a purchase on this Site. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER. By submitting your credit or debit card information, you give us permission to charge your purchases to the card that you designate during checkout. We reserve the right to cancel any order, any time in our sole and absolute discretion. If your credit or debit card has already been charged and your order is cancelled, you will receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of your order due to any validation checks that may be carried out regarding your payment or identification.
3.2 Order Acceptance
You will not be charged until your payment method is authorized and the order information is verified. For example only, we may cancel an order because your order exceeded limitations on available quantities; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by appropriate legal or regulatory authorities, or issues identified when we run our credit verification procedures. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
3.3 Order Returns
You may return any unopened item purchased from us for any reason within thirty (30) days after your date of purchase and you will receive a full refund of the product purchase price; we will not refund shipping or handling charges. The refund will be credited to the card that you used to make the purchase. For opened items or items that are returned after 30 days but no more than 60 days from the date or purchase or product returned within 30 days from the date of purchase that are not saleable (as we determine in our sole discretion), you will receive a store credit. This credit will automatically appear in your account. We will not accept any returns after 60 days from the date of purchase. You can check the status of your account at any time by clicking on the My Account link on the Site. You are responsible for packaging and shipping and paying all shipping charges for all items that you wish to return and we must receive the package within 30 days after the purchase date. All returns must be shipped to Lighthouse Naturals, LLC, ATTN: Returns, 824 US Highway 1, Suite 200, North Palm Beach, FL 33408. We reserve the right, at our sole discretion, to reject any return that does not comply with these requirements.
3.4 Title; Shipping and Handling; International Orders
Title to all product and risk of loss passes to you when the products are delivered to the carrier. You are solely responsible for providing us with accurate shipping information, and in the event that any product is returned to us as a result of your failure to do so, you will be responsible for any additional shipping fees or other charges that may be applied to the order.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States. These prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the person receiving the order, who will be billed for them by the local customs office. International shipment rates vary based on total package weight and final destination. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes. Additionally, customs officials may not permit certain products to be imported into your country. It is your responsibility to ensure that you can legally import your orders. We will not provide refunds for orders held, confiscated or returned to us by your customs officials.
3.5 Pricing or Information Errors
Sometimes pricing or information errors may occur on our site. If an item is listed at the wrong price or with incorrect information due to an error in pricing or product information, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
We reserve the right to limit the quantity of items purchased per person, per household or per order and we may prohibit sales to dealers. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied.
4. Privacy
Use of this Site is subject to the terms of our Privacy Policy, which is incorporated into this Agreement by this reference. Please carefully review our Privacy Policy because by using this Site, you agree to be bound by our Privacy Policy. Information we collect will be used by us in accordance with our Privacy Policy.
5. Intellectual Property
You acknowledge that all Content and other material on the Site including, without limitation, the Site's design, graphics, text, sounds, pictures, page headers, icons, software and other files and the selection and arrangement thereof (collectively, "Materials"), are our property or the property of our licensors, and are subject to and protected by United States and international copyright and other intellectual property laws. All right, title and interest in and to the Content and the Materials not expressly granted in this Agreement are reserved to their respective owners. Except as expressly authorized, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content or Materials in any form or by any means, without prior written authorization from us or the owner of the Content or Material. You are authorized to view and download the Content and the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained therein. You may not modify or adapt the Content or the Materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of their owners and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of their owners.
6. Outside Sites
Links on Outside Sites are provided only as a convenience. We do not control or endorse any Outside Site and you agree that your use of Outside Sites is at your own risk. You agree that neither us nor our affiliates or subsidiaries are responsible or liable for any content, goods or services provided on or through these Outside Sites or for your use or inability to use the Outside Sites. Please note that these Outside Sites may contain material or information that you may consider inappropriate, offensive, that is inaccurate, untrue, misleading or deceptive, or that is defamatory or otherwise unlawful. We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Outside Site.
7. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS AND CONTENT CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, LIGHTHOUSE NATURALS, LLC ITS PARENT, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "THE LIGHTHOUSE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LIGHTHOUSE PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE LIGHTHOUSE PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LIGHTHOUSE PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LIGHTHOUSE PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
THE LIGHTHOUSE PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY OUTSIDE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR OTHERWISE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL TO THE BASIS OF THE BARGAIN BETWEEN YOU AND US. NOTWITHSTANDING THE FOREGOING, THE LIGHTHOUSE PARTIES MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US ON THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Indemnification
You agree to indemnify, defend and hold harmless the Lighthouse Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of this Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through this Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
9. Acceptable Use; Termination of Use
If you provide information on this Site such as when you set up an account to make a purchase, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Site, and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.
You will create a username and password when setting up an account or registering for certain services on this Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account. The Lighthouse Parties will not be liable for any loss or damage arising from your failure to comply with this section or other reasonable security measures we may recommend.
You agree to use this Site only for lawful purposes. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
You will not create or maintain any link from another website to any page on this Site, or run or display this site or any Content or Material displayed on this Site in frames or through similar means on another website without our prior written authorization. All permitted links to this Site must comply with all applicable laws, rules and regulations.
We do not make any representation that Content or the Material contained on this Site or products described or offered on this Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who reside outside the United States and use this Site do so on their own initiative and are responsible for compliance with all laws of their jurisdiction. You agree that you will not access this Site from any jurisdiction where its us is illegal.
This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Lighthouse Parties. Upon termination by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
10. User Content and Conduct
We sometimes make it possible for you to post content to this Site such as through blogs or product reviews (“User Content”). You agree that all User Content, whether you have publicly posted on a forum or privately transmitted to us, is your sole responsibility. We cannot guarantee that other users will not misuse the User Content. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. We are not be liable in any way or under any circumstances for any User Content including, without limitation, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site.
By posting User Content on the Site, you hereby grant us a royalty-free, fully paid, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through this Site or otherwise have the right to grant the license set forth in this Agreement; and the posting of your User Content on or through this Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site. By your posting User Content we are entitled to unrestricted use of all User Content we may receive from you for any purpose whatsoever without compensation to you.
You acknowledge and agree that we may preserve User Content and we may disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce this Agreement, (iii) respond to claims that any User Content violates the rights of third-parties, (iv) or protect the rights, property, or personal safety of us, our users and the public.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to us worldwide. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. We will not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s) you post to or through the Site.
You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. We do not endorse or have control over the User Content. User Content is not reviewed by us prior to posting and does not reflect our opinions or policies. We make no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. We assume no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time we chose, in our sole discretion, to monitor the Site, we assume no responsibility for the User Content, have no obligation to modify or remove any inappropriate User Content, and have no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, we and our designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other Site users and to terminate your Site access if we determine, in our sole discretion, to do so.
11. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Florida and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Palm Beach county, Florida.
YOU AND US HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR THE US SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
12. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
13. Entire Agreement
This Agreement constitutes the entire and only Agreement between us and each user of this Site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
14. Miscellaneous
Our to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
15. Intellectual Property Policy
We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(i) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Service;
(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 under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
Lighthouse Naturals, LLC
824 US Highway 1
Suite 200
North Palm Beach, FL 33408
Attn: Copyright Agent
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