Terms and Conditions
Effective Date: April 30, 2021
Welcome to Life Wear Technologies’s TriCalm website (“Site”). These Terms and Conditions (the “Terms”) are a legal agreement between you and Life Wear Technologies, LLC (“Life Wear Technologies,” “we,” “us,” or “our”) that governs your use of our Site (located at www.tricalm.com) and any related website provided by Life Wear Technologies that links to these Terms (collectively, the “Services”). The words “user,” “you,” and “your” refer to entities or individuals that access or use the Services. By using the Services you agree to comply with and be bound by these Terms. Therefore, please review the Terms carefully. If you do not agree with the Terms do not use the Services. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, AND LIMITATIONS ON LIABILITY. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with such Services. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies.
1. NO MINORS ALLOWED (ELIGIBILITY)
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least (i) eighteen (18) years of age, or (ii) over the age of majority in the state or country where you are a resident or citizen.
These Terms may be revised or updated by Life Wear Technologies, in its sole discretion, from time-to-time and all changes (i) are effective immediately when we post them on the Services, and (ii) apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the posting of any updated Terms constitutes your acceptance of the changes. You are therefore advised to review the Terms from time-to-time, including each time you visit the Site, for any updates or changes that may impact you. If you do not agree to any revised Terms, you should discontinue your use of the Services.
3. USER ACCOUNTS
Access to and use of certain functionalities of the Services may require you to register for a user account (“Account”) with us (for example, to save your purchase history). If you decide to register an Account with us, you will create a password to access your Account and will provide your name and contact information. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
4. LIMITED RIGHT TO USE
All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of Life Wear Technologies or its licensors and is protected by applicable copyright, trademark, patent, and other proprietary rights. Subject to your compliance with these Terms, we grant to you a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal, not-for-profit use. Except for the limited rights set forth in this Section 4, you may not download, copy, duplicate, print, rent, lease, issue, republish, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, sublicense or otherwise assign to any third party, sell, create derivative works of, or exploit the Services or Content.
When using the Services, you must not:
- remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
- infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party;
- make any use of the Services or Content that violates any applicable local, state, national, international or foreign law;
- provide any content, data or information to Life Wear Technologies that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Services or Content;
- allow any individual to use any Account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Life Wear Technologies for someone other than the individual identified in the Account information;
- upload to the Services the personal information of others that you are not authorized to provide;
- use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
- communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
- use the Services or Content in a way that suggests you are a representative of Life Wear Technologies;
- circumvent the user authentication or security of the Services or any host, network, or account related thereto;
- interfere with or disrupt the proper functioning of the Services or Content, Life Wear Technologies or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content; or
- cause damage to Life Wear Technology’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, the Services or Content will result in immediate termination of your access to the Services, Content, and Account if applicable. Use of the Services or Content for any purpose other than what is permitted in these Terms is expressly prohibited.
5. SALES AND PROMOTIONS
The following terms and conditions apply to all Life Wear Technologies promotions and all purchases you make through the Services.
We may offer from time to time promotions for our products that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
5.2 Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all the products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Our acceptance is effective upon shipment of your order and you cannot make any changes to an order once the product has shipped.
5.3 Prices and Payment Terms
Prices posted through the Services may be different than prices offered by us elsewhere. All prices, discounts, and promotions posted through the Services are subject to change without notice, at our sole discretion. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. By placing an order through the Services, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted through the Services at the time of your order.
5.4 Shipping; Delivery; Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5.5 Returns and Refunds
If you are not entirely satisfied with your purchase, we will accept a return or exchange of your order subject to the following conditions and your compliance with these Terms.
Any defective products can be returned or exchanged within 180 days of the original purchase of the product if:
- The product defect was not caused by misuse;
- You have your receipt or proof of purchase; and
- You contact us no more than 180 days after the original purchase of your product.
Products that do not meet these criteria will not be considered for a return or exchange. To initiate a return or exchange, please contact us via the below methods and we will provide a self-addressed envelope for return:
WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
5.6 Goods Not for Resale or Export
You represent and warrant that you are buying products through the Services for your own personal or household use only, and not for resale or export.
6. INTELLECTUAL PROPERTY NOTICE
The Services and Content are protected by copyright, trademark, and other intellectual property and proprietary rights laws. All title, ownership rights in and to the Content are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Life Wear Technologies used herein (including Life Wear Technologies, TriCalm, the TriCalm logo, and associated tag lines) are trademarks or registered trademarks of Life Wear Technologies or our affiliates. You may not use any of our or our affiliates’ trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us or our affiliates, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us, our affiliates, or our suppliers. All other trademarks used herein are owned by their respective owners.
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
9. ADDITIONAL PRODUCT TERMS
Products that you purchase through the Services may be subject to additional terms and conditions included with the purchased product.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIFE WEAR TECHNOLOGIES MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE NOR TO BE USED FOR MEDICAL ADVICE OR TREATMENT. THE CONTENT MADE AVAILABLE THROUGH THE SERVICES (I) DOES NOT CONSTITUTE ADVICE OF ANY KIND, (II) SHOULD NOT BE RELIED UPON IN ANY WAY, AND (III) IS NOT A SUBSTITUTE FOR PROFESSIONAL CARE FROM A QUALIFIED HEALTHCARE PROVIDER. LIFE WEAR TECHNOLOGIES IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
11. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIFE WEAR TECHNOLOGIES BE LIABLE TO YOU UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, ENHANCED, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY EVEN IF LIFE WEAR TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT WILL LIFE WEAR TECHNOLOGIES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO LIFE WEAR TECHNOLOGIES, OR $5.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE, SO, TO THE LEAST EXTENT AS ALLOWED BY APPLICABLE LAW, SUCH EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Life Wear Technologies harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Services.
13. THIRD-PARTY WEBSITES AND PRODUCTS
The Services may contain links to other Internet sites and information provided by third parties not affiliated with Life Wear Technologies (collectively, the “Linked Services”). Linked Services are not under our control and we are not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. Any reference or link we make to a Linked Service is not an endorsement, does not imply any association with the operator of the Linked Service, and it is not a recommendation of any products, services or information contained at such Linked Services. Information provided and opinions expressed by Linked Services do not necessarily represent the opinion of Life Wear Technologies and we do not investigate, monitor, or verify the Linked Services. Life Wear Technologies expressly disclaims any and all liability resulting from reliance on the information or opinions expressed by the Linked Services.
We may also include references to third-party products, manufacturers, and service providers . Such references do not constitute an endorsement by Life Wear Technologies of the third-party product, manufacturer, or service provider.
14. GOVERNING LAW
By using the Services, you agree that these Terms will be governed by and construed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law rules. By using the Services you also agree that all litigation arising out of or in connection with these Terms will be brought in the state courts of San Diego County, state of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of California. Technical questions or concerns about this Site should be directed to: email@example.com.
15. INTERNATIONAL USE
Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
Life Wear Technologies makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.
If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Life Wear Technologies or its affiliates to any registration requirement within such jurisdiction or country.
Termination will not limit any of our other rights or remedies. Sections 6 (Intellectual Property Notice), 7 (Feedback), 10 (Disclaimer), 11 (Limitation of Liability and Exclusion of Certain Damages), 12 (Indemnification), 14 (Governing Law), 17 (General), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Life Wear Technologies intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Life Wear Technologies agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Life Wear Technologies may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Life Wear Technologies’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Life Wear Technologies if it is in a written document signed by Life Wear Technologies. Both you and Life Wear Technologies warrant to each other that, in entering these Terms, neither Life Wear Technologies nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Life Wear Technologies, or Life Wear Technologies’s successors and permitted assigns, will have any right to enforce any of these Terms.
18. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.2), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
Life Wear Technologies, LLC
1520 SW 5th Court
Pompano Beach, FL 33069
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. CONTACT INFORMATION
If you have any questions, please contact Life Wear Technologies at:
Mail:Life Wear Technologies, LLC
1520 SW 5th Court
Pompano Beach, FL 33069
TriCalm® is a registered trademarks of Life Wear Technologies, LLC. All other trademarks are the property of their respective owners.