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Terms & Conditions
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Disclaimer
THIS SITE DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE. CONSULT YOUR PHYSICIAN OR OTHER
QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION.
DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON
ANYTHING CONTAINED ON THIS SITE.
This site may contain or refer to health-related material that you may consider sexually explicit
or offensive. Your use of the site is your responsibility and you are
responsible for complying with any local laws that may pertain where you
are located.
Table of Contents
1. Use of Content
2. Shopping Features
3. Privacy Policy
4. Security
5. Site Information
5.1 Choice/Opt-out
5.2 Contact Us
5.3 Children's Guidelines
5.4 Cookies
5.5 Links
5.6 Order Forms
5.7 Business Relationships
6. Advertising Standards
6.1 Advertising Claims
6.2 Definitions
6.3 More Information
6.4 Product Safety and Quality
7. Content Submittal Policy
8. Etiquette
9. Indemnification
10. Limitation of Liability of Living Naturally
11. Dispute Resolution
12. Governing Law/Jurisdiction
13. Complete Agreement
Terms and Conditions of Use
You are advised to read the following Terms and Conditions of Use. These Terms and Conditions
have been developed for your protection and the protection of Living Naturally,
the site service provider. Your use of the site constitutes your agreement to the following terms and conditions. The following terms of use apply
to all site users. All terms and conditions of use are subject to change at the discretion of Living Naturally .
1. Use of Content
Living Naturally authorizes you to personally view the material contained on the
Living Naturally site and to download a single copy of such material for your personal,
non-commercial use, provided that any downloaded copy includes the copyright notice,
"Copyright 2001, Living Naturally. All rights reserved." and with any other
copyright or proprietary rights notices that appear in the material copied. Consumers may not use site
nor provide outside links to the site, for any personal or commercial pupose, including but not limited to,
sale or trade of particular items or services.
The materials contained on the Living Naturally site are protected by
the copyright laws of the United States and other countries. Ownership of the content
belongs to Living Naturally, or its retail store customers, and to
content providers to this site. Any use of the content not expressly permitted
by these Terms and Conditions of Use is a breach of these Terms and Conditions
of Use and may be a violation of copyright, trademark and other laws.
All rights not expressly granted in these Terms and Conditions of Use
are specifically reserved to Living Naturally.
If you violate these Terms and Conditions of Use, your authorization to use the Living Naturally
site is automatically revoked and you must destroy any copies of the content that you have made.
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2. Shopping Features
Consumers taking advantage of special features such as Shop On-Line, in-store specials, and
coupon offerings do so at their own risk and shall hold Living Naturally, as
site service provider, harmless from any and all liability including, but not limited to, any health
claims regarding products posted on retailer sites as well as pick, pack, payment, and delivery functions.
Consumers agree to pay for goods and services purchased via the internet with Living Naturally
and recognize that purchasing goods and services on line holds the same validity as if purchased
in person from a bricks and mortar store.
While Living Naturally provide state of the art security encryption devices,
customer's e-mail may not be fully secured against interception. Customer agrees to hold
Living Naturally harmless from any and all liability for any reason whatsoever, including monetary
and health issues, that may arise regarding any transaction that occurs between Living Naturally
and customer.
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3. Privacy Policy
Living Naturally, on behalf of itself,
and on behalf of Living Naturally
has created this privacy
statement for it's natural product retail store customers in order to demonstrate our
collective firm commitment to your privacy. The following discloses the information gathering and
dissemination practices for this Web site.
Living Naturally (your preferred store) respect and value your privacy.
Although we will collect personal information from you, with your permission,
only your name, your e-mail address, and your mailing address will be
provided to your preferred store. No other personal information collected
during your use of this site will be shared. Living Naturally will not,
without permission, sell, disclose or provide ANY information, including your name, address,
e-mail address or other personal information to any third party, unless required to do so by law.
Personal information collected from you is submitted with your knowledge and consent.
Living Naturally will only use that information to
provide a more customized service to you.
Should you choose to take advantage of the posted in-store specials, or shop-on-line features of
this Web Site, further information such as your credit card data for method of payment of goods
and services may be necessary. Living Naturally, as site service host,
provide state of the art security and encryption devices to protect your payment information.
Living Naturally, as site service provider, its employees, directors, and investors are to be held
harmless from any and all liability regarding any misuse of your credit card information provided
for fulfillment of Living Naturally's shop on-line feature.
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4.0 Security
Living Naturally, as site service provider, work to protect the security of your
information during transmission by using Secure Sockets Layer (SSL) software, which encrypts
information you input. Living Naturally employees who handle customer data do not have access to
your credit card details as this information is immediately encrypted after you execute the
continue link at the bottom of the payment details section. In order to shop online,
Living Naturally collects your name, address information, and credit card information, so that
it can fulfill your order, as well as your contact information (e-mail and telephone) in case
Living Naturally needs to communicate with you regarding your order.
All major credit card companies protect cardholders against fraud, subject to a $50 deductible.
Living Naturally will protect you for this $50 portion in the highly unlikely
situation that you ever encounter an inappropriate charge involving our company. We reveal only
the first four and last four digits of your credit card number when confirming an order. Of course,
we transmit the entire encrypted credit card number to the appropriate credit card company during
order processing. To complete credit card transactions, Living Naturally
provides the following member information (name, billing address, credit card number, expiration
date, and transaction amount) to the credit card processing company we use via
secure communications pathways. In addition, as part
of the fulfillment process, Living Naturally may share shipping information with intermediary
shipping companies, including but not limited to USPS.
Living Naturally have adopted these policies and procedures because
(1) we cannot control the privacy practices and policies of other sites and
(2) we want to protect your security and privacy during your visit to us.
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5. Site Information
5.1 Choice/Opt-out
This site provides you the opportunity upon registration to opt-out to receiving communications
from Living Naturally or its content providers, its customers and advertisers.
This site also gives you the following methods to discontinue receiving future communications.
You may utilize any of these options to indicate that you no longer
wish to receive contact from Living Naturally.
1. E-mail info@livingnaturally.com
2. Visit www.livingnaturally.com , and proceed to the My Account Section
3. Send mail to the following postal address:
Living Naturally
871 Venetia Bay Blvd, Suite 200
Venice, FL 34292
4. Telephone: 941-480-1910
Facsimile: 941-480-1720
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5.2 Contact Us
If you have any questions about the privacy statement, the practices of this site, or your dealings
with this Web site, you can contact Living Naturally.
To change or modify information you previously provided you can e-mail us (see step 1 below).
1. E-mail info@livingnaturally.com
2. Visit www.livingnaturally.com , and proceed to the My Account Section
3. Send mail to the following postal address:
Living Naturally
871 Venetia Bay Blvd, Suite 200
Venice, FL 34292
4. Telephone: 941-480-1720
Facsimile: 941-480-1720
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5.3 Children's Guidelines
This site does not solicit use by, or target as a user group, children under the age of 13
years. We do not collect information from any person we actually know
is under the age of 13, that would make that child personally identifiable.
This site does not knowingly sell any products or services to children under the age of 18
years, nor does it specifically target any information towards children.
We advise that if a parent feels that anything about this site is inappropriate
for their child, they monitor the child's use of this site as they would
all other Internet usage. Living Naturally always welcome your input and comments. Please feel free to contact us.
(See the Contact Us section above for details).
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5.4 Cookies
Cookies are small bits of electronic information that allow a Web site to keep records of
your site visits and personalize or customize the Web experience for you.
This site does not use "cookies" to report on or track you when you leave this site.
We do use cookies to help diagnose problems with our server, to administer our Web site,
to help identify visitors and to gather broad demographic information.
We also use cookies to deliver content specific to your interests and
to save passwords so you do not have to re-enter them each time you visit
this site.
Our site registration form requires you to provide contact information (like your name and e-mail
address). Living Naturally uses the contact information from the registration
form to send you information about the company and promotional material
from content providers and advertisers provided that you have given us
permission to do so.
We collect financial information (like your account or credit card numbers where applicable)
so you can order products from your preferred store or other Living Naturally
clients. Your billing information is used by Living Naturally
or other business partners to bill you for products and services
they sell. It is privileged and confidential and will not be given to
a third party except as required by law.
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5.5 Links
Outside links to other health information sites are provided in limited circumstances
where it is necessary to provide a balance of information and are for your information and
perusal only. Living Naturally are not responsible for and neither endorse
nor support any products or services that you may find on these outside sites. Any data
presented on these sites should be used at customer's discretion only. Living Naturally
are not responsible for any results that may or may not occur regarding your
use of any information, goods, or services posted on these sites.
Living Naturally can not guarantee nor provide security surrounding your personal and
confidential information while you are visiting these outside sites. In addition, some
internal links may be required to support the functionality of Living Naturally and Living
Naturally, as site host and are not accessible by the community at large.
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5.6 Order Forms
This site uses an order form so that you can request information regarding, products, and services. On
this form, we collect your contact information (like your e-mail address).
Contact information from the order form is used to send you goods and services ordered, where
applicable or as requested, and may be used to send you information about our company
or promotional material from our content providers, advertisers, and other
parties.
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5.7 Business Relationships
The following is a description of the business relationships between
Living Naturally as site service provider.
Living Naturally has entered into a business relationship with each of the retailers
for whom it is providing Web site services. Consumers may choose to Opt-in
and give information to the retailer client who is their preferred store.
However, you, the consumer, may at any time change, update or deny access to your personal
information through Your Account. In that case, your preferred store's
access to your information or the ability for your preferred store to
send you outbound e-mail messages will cease.
Living Naturally has entered into a business relationship with Danny Wells & Associates,
Inc., a San Francisco Bay Area based consulting firm.
Living Naturally has licensed condition and health information from Healthnotes, Inc. (“HNI”).
HNI publishes evidence-based content about health conditions, supplements, herbs, and medicines
as well as providing information regarding traditional western and holistic medicine modalities.
Access to this information can be found in the Reference Room area of Living Naturally's site
For more information about Healthnotes, Inc, please contact info@Livingnaturally.com.
Living Naturally provides news content through various established news sources which may at any
time include UPI, AP, The New York Times Syndicate, Knight-Ridder/Tribune,
Industry publications and numerous other established news sources. Living Naturally utilizes these sources but is not responsible for their accuracy
or their editorial views.
In an effort to provide balanced, up-to-date information regarding health issues, Living Naturally,
as site service provider, includes certain outside links to consumer health information sources
such as NIH and USDA consumer health sites at the Reference Room area of Living Naturally's site.
Living Naturally may sell, publish or share aggregated member information with our business
associates or other third party organizations on occasion. No individual
member information will be sold or given to a third party by Living Naturally or your preferred store
or its business associates without prior, express written permission of
that member.
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6. Advertising Standards
Living Naturally shares the values of the natural health industry including individual respect,
cooperation, harmony, environmental awareness, and support of sustainable
agriculture. All advertising submitted to Living Naturally must conform
to ethical standards regarding, but not limited to the following:
- Absolutely no material is permitted that is offensive in any way regarding race, religion, culture or gender.
- Absolutely no sexually explicit material or material involving human or animal cruelty is allowed.
We are committed to maintaining the highest standards for advertising however, we are not responsible for our advertisers, their products or services.
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6.1 Advertising Claims
All advertiser claims regarding ingredients, potency, formulation and product testing must be
verifiable. The advertiser must be able to substantiate and authenticate
these claims to Living Naturally and to site users upon request.
All advertiser claims regarding how products are grown, tested or manufactured must be in accordance
with principles and standards established by the appropriate governmental
and regulatory agencies and organizations.
Living Naturally make no warranty or guarantee for the accuracy of labeling, content,
or quality of any products or services advertised on retailer's site.
Living Naturally will accept advertising for food and food products that are labeled whole,
natural, or organic. (We will also accept advertising for foods not in these categories).
All claims for food or other products that are labeled using the terms whole, natural or organic
must not only conform to definitions set forth below, but must also meet
all legal guidelines and requirements regarding the making of such representations.
The advertiser must be able to substantiate and authenticate these and
all other product claims to Living Naturally and to site users upon
request. In these instances, the definitions in the following sections
will apply.
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6.2. Definitions
Whole Foods:
Food in its natural state is referred to as whole food. These foods are
complex sources as found in nature with all or most of their nutritional
components left intact. These foods undergo minimal processing in order
to retain these nutritional components. Whole foods are not adulterated
or modified with flavor enhancers or artificial colors.
Natural Foods:
According to the National Nutritional Foods Association (NNFA), neither
the FDA nor the Federal Trade Commission have defined the term "natural"
for labeling or advertising purposes. However, labeling and advertising
statements and claims are required to be truthful and non-misleading,
under pain of FDA or FTC regulatory action. A product labeled or advertised
as "natural" should contain, primarily all natural ingredients. The presence
of a synthetic chemical in the formulation would technically raise a regulatory
issue. Foods designated as natural contain no artificial preservatives,
sweeteners, colors, flavors, synthetic pesticides, fungicides, drug residues
or growth hormones. These foods are not irradiated and neither ripening
agents nor fumigants are used. Additionally, these foods are not bleached
or bromated. They are processed, packaged, transported and stored to retain
maximum nutritional value and be environmentally friendly.
Organic Foods:
According to Organic Trade Association (OTA), certified organic foods
are grown and processed in compliance with stringent industry standards.
- Certified organic farms build healthy soil without the use of toxic and persistent pesticides and fertilizers.
- Certified processors/packers protect the organic integrity that begins on the farm.
- Organic packaged products have not been irradiated, made with genetically modified seeds or growth hormones, or produced with artificial flavors or colors.
- According to the OTA's American Organic Standards, as proposed in October, 1999, genetically engineered organisms and their derivatives and products are prohibited for foods labeled as "organic" and "made with organic ingredients."
All methods and materials used on certified organic farms and processing facilities are inspected
annually by a third-party certification organization. When national regulations
for the organic industry are implemented, the government will appoint
certification organizations who will inspect farms and processors.
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6.3 More Information
For further questions or information on advertising standards please e-mail us at:info@livingnaturally.com.
Further information on governmental and organizational regulation of industry advertising
standards can be found at the following agencies and organizations. Living Naturally
advertising acceptance policies support the advertising regulations, standards
and guidelines set by these agencies and organizations:
Environmental Protection Agency www.epa.gov
The Federal Trade Commission www.ftc.gov
Food and Drug Administration www.fda.gov
Homeopathic Pharmacopoeia of the United States www.hpus.com
National Anti-Vivisection Society www.navs.org
People for the Ethical Treatment of Animals www.peta.com
Organic Trade Association www.ota.com
National Nutritional Foods Association www.nnfa.org
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6.4 Product Safety and Quality
Products for which advertising is accepted must be safe when used according to instructions.
If product(s) are not intended for use by children, the advertising should
not encourage or imply child-usage.
Living Naturally have no means of independently evaluating the safety or
functionality of the products offered by its suppliers and affiliates and thus can neither endorse
nor recommend products. Living Naturally make every effort to receive a
certification from its suppliers that (i) the product complies with all local, state, and federal
regulatory requirements; (ii) every claim made on behalf of the product is adequately substantiated
and information is readily available regarding such claims, and (iii) all adverse safety information
is disclosed on product labeling.
Living Naturally require that all of our advertisers can substantiate their claims of
safety, wholeness, goodness and purity of product. However, we do not
guarantee, warranty those claims, or any product or service advertised
or discussed on our site.
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7. Content Submittal Policy
Living Naturally reserves sole discretion to accept, edit or reject any and all materials
submitted to us from consumers directly or Living Naturally on behalf of a customer.
Living Naturally will not be responsible for the return
of these items. Living Naturally will not be liable for any payment
for any submissions without prior written agreement.
You agree that you will not upload or transmit to the Living Naturally
site, its content providers, business associates, advertisers or users, any material that
infringes or violates the rights of any party. If you submit any content
or communication to the Living Naturally site, you are agreeing that
such content or communication is not confidential for any purpose. By
making any submission to this site you are representing and warranting
that you are the owner of the rights to the material submitted, and you
are granting to Living Naturally a permanent, royalty-free, irrevocable,
world-wide, nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform and
display the content of the submission in any media, in any form or format,
now available or developed in the future. If you are not the owner of
the rights to the material submitted, you are representing and warranting
that the person who owns such rights has granted the above-referenced
rights to Living Naturally.
Living Naturally may sublicense the rights obtained from you to others without limitation.
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8. Etiquette
You agree, by your use of this site, to adhere to our standards of proper Net-etiquette.
This includes, but is not limited to the standards listed below. Living Naturally
prohibit the following action in our public areas and reserves the right to remove any
postings that violate them.
- DO NOT use any explicit, vulgar, or obscene language.
- DO NOT use any racially, ethnically, or socially offensive language.
- DO NOT encourage, incite, or plot any illegal activity.
- DO NOT verbally attack, harass, or otherwise annoy any other members.
- DO NOT post or request personal information from anyone under 18.
- DO NOT misrepresent yourself as part of the Living Naturally staff, or another organization to which you ARE NOT A MEMBER./li>
- DO NOT post or link to sexually explicit or otherwise offensive material when participating in forums and chats and please stay on the topic.
- IF YOU post messages on a public site area, you may be identifying yourself, and your personal information may be available to others without your permission.
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9. Indemnification
You agree to indemnify and hold Living Naturally, its officers,
principals, employees, agents, consultants, and information providers harmless
from and against all claims, actions, demands, losses, expenses, damages
and costs, including but not limited to reasonable attorney's fees and
accounting fees resulting from, or alleged to have resulted from, your
violation of these Terms and Conditions of Use.
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10. Limitation of Liability of Living Naturally
Living Naturally site is provided on an "AS IS" and "AS
AVAILABLE" basis. Your use of the Living Naturally site and content
is at your own risk. Living Naturally does not guarantee that the functions
of this site will be error-free or uninterrupted, or that this site and
server will be absolutely virus-free. Your use of this site involves transmission
of data over facilities which are not within the control of Living Naturally,
its content providers and advertisers. Therefore, Living Naturally
assume no liability for delay, corruption of data, interruption of service,
or interception of data transmissions outside of its direct control.
LIVING NATURALLY, ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS,
TO THE FULLEST EXTENT ALLOWABLE BY THE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS.
Living Naturally make no representations or warranties as to: (1) the accuracy,
completeness, reliability, currentness or timeliness of the content, textual material,
graphics, links, or data transmission capabilities provided by the Living Naturally
site; and (2) compliance with or satisfaction of any governmental regulations
requiring disclosure of information concerning products or services offered
by content providers or advertisers on the Living Naturally site.
In no case shall Living Naturally, its content providers, business associates,
advertisers or any third parties referred to on the Living Naturally site be
liable for any damages, including without limitation, incidental and consequential
damages, personal injury or death, lost profits or damages from data loss
or business interruption, resulting from the use or inability to use the
Living Naturally site or its content, whether based on contract, tort
or any other legal theory, and whether or not Living Naturally is given
notice of the possibility of such damages. Living Naturally shall only
be liable for actual damages suffered by you, and only to the maximum
amount of $500 (U.S. currency). Living Naturally assume no liability
for your use or misuse of the site, the content, the public areas of the
site, including, without limitation, liability for personal injury or
death. Any claim brought in relation to your use of the site, the content
or the public areas of the site must be brought within one (1) year of
the event from which the claim arises. The remedies set forth in these
Terms and Conditions of Use are exclusive and limited to those expressly
set forth.
Although the editors and content providers of this site have consulted sources believed to
be reliable and accurate in assembling the content of this site, information
provided may not be error-free. Listings of suppliers, professional associations,
organizations, news, events and other material are intended to be comprehensive
but not necessarily all-inclusive of information.
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11. Dispute Resolution
If a dispute arises out of or relates to these Terms of Use, or the breach thereof, and if
the dispute cannot be settled through negotiation, the parties agree first
to try in good faith to settle the dispute by mediation administered by
the American Arbitration Association under its Commercial Mediation Rules
before resorting to arbitration, litigation, or some other dispute resolution
procedure.
Unless arbitration is expressly prohibited by applicable statute, or limited as set forth
below, any controversy or claim arising out of or relating to these Terms
of Use, or the breach thereof, shall be settled by arbitration administered
by the American Arbitration Association in accordance with its Commercial
Arbitration Rules, including the Emergency Interim Relief Procedures,
by an arbitrator or arbitrators selected in accordance with such rules,
as the exclusive remedy in any such dispute. Judgment on the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration shall occur in Sarasota, Florida, and shall be governed by
both the procedural and substantive law of the state of Florida, without
giving effect to the principle of conflict of laws, unless specifically
preempted by the United States Arbitration Act. Each party to the arbitration
shall bear its own costs and attorneys' fees, with the costs of the arbitration
being divided equally among the parties.
Notwithstanding the arbitration provision above, Living Naturally may avail
themselves of the full range of remedies available to them, either individual or together, in connection
with any violation of its respective intellectual property rights, including, but not limited to, temporary
and permanent injunctive relief, and actions for damages in either state
or federal courts, as applicable. If such judicial proceedings are instituted,
the parties agree that such proceedings will not be stayed or delayed
pending the outcome of any arbitration proceeding under this Agreement.
In such judicial proceedings, the prevailing party shall be entitled to
an award of attorneys' fees and litigation costs, including those at the
trial court and all appellate court levels, against the losing party.
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12. Governing Law/Jurisdiction
By use of this site, you agree that exclusive venue for resolution of any disputes between
you and Living Naturally AT 2033 Wood Street, shall be in the county and state
wherein Living Naturally is located, or in the United States District Court for the
District and Division that governs Living Naturally's location. Your use of this
site and all relations between you and Living Naturally shall be governed by the
laws of the State of FL except where specifically preempted by federal law.
In addition, the service provider, LivingNaturally.com is owned by Living Naturally,
with offices located at 6118 S Tamiami Trail,
Sarasota, Florida 34231. The phone number is 941-954-1466.
By use of this site, you agree that exclusive venue for resolution of
any disputes between you and Living Naturally shall be in Sarasota
County, Florida, or in the United States District Court for the Middle
District of Florida, Tampa Division. Your use of this site and all relations
between you and Living Naturally shall be
governed by the laws of the State of Florida except where specifically
preempted by federal law.
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13. Complete Agreement
Except as expressly set forth within any separate notice contained in the Living Naturally
site or any other written agreement between you, Living Naturally,
these Terms and Conditions of Use constitute the entire agreement between
you, Living Naturally regarding the use of the
Living Naturally site and content. These Terms and Conditions of Use may be modified by Living Naturally
at any time, with or without advance notice. By your continued use of
the Living Naturally site, you agree to monitor these Terms and Conditions
of Use for any changes, and that such changes will be binding upon you.
None of these Terms and Conditions of Use may be waived except in a written
instrument signed by an officer of Living Naturally. No waiver, whether
express or found to exist as a matter of law, shall be deemed a further
or continuing waiver of such term or condition or of any other term or
condition.
If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction,
the remainder of the terms and conditions shall remain in full force and
effect.
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Revised July, 2002.
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