Effective Date: September 22, 2017
1. Use of this Site.
This Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using this Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on this Site. In the event we become aware you are under age 18, we will terminate your registration.
2. Placing an Order.
At this time, LMS ships its products ordered through this Site only to locations within the continental United States, Alaska, Hawaii and Puerto Rico, and not to international locations. The risk of loss and title for all products ordered on this Site pass to you when the product is delivered to the shipping carrier. LMS charges sales tax for products ordered on this Site based on the applicable state sales tax rate and the location to which the order is being shipped.
3. Disclaimers; Limitations of Liability
YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WHEN AVAILABLE. LMS (INCLUDING ITS AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR CONTENT WILL (I) BE UNAVAILABLE AT SCHEDULED AND UNSCHEDULED TIMES, AND (II) NOT BE ERROR-FREE. IN ADDITION, LMS EXPRESSLY MAKES NO WARRANTIES REGARDING MATERIALS PROVIDED BY THIRD PARTY LICENSORS OR OTHER PROVIDERS, OR USE OF THIRD PARTY SITES, SYSTEMS OR SERVICES.
NEITHER LMS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE CONTENT HEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. IN ADDITION TO (AND WITHOUT LIMITING) THE FOREGOING, LMS’S AND ITS AFFILIATES’ MAXIMUM CUMULATIVE LIABILITY RELATED TO THIS SITE SHALL IN NO EVENT EXCEED $100 USD.
THE CONTENT PROVIDED THROUGH THIS SITE (INCLUDING VIA ANY LINKS ON THIS SITE) MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS. LMS IS NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF LMS. YOU USE SUCH CONTENT ONLY AT YOUR OWN RISK. In addition, the content on this Site is presented only as of the date/time published or indicated, and may be superseded by subsequent events or for other reasons.
4. Third Party Internet Sites and Links.
This Site may contain links or references to other Internet sites maintained by third parties over whom LMS has no control. Such links are provided merely as a convenience. LMS does not review the content of such sites. Similarly, this Site may be accessed from third party links over which LMS has no control. LMS (INCLUDING ITS AFFILIATES) MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION CONTAINED IN SUCH INTERNET SITES AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES OF ANY KIND ARISING FROM SUCH CONTENT OR INFORMATION. Inclusion of any third party link does not imply an endorsement or recommendation by LMS.
5. Medical Information.
This Site may contain information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. For any diagnosis or medically significant answer, you should always consult with a doctor or other healthcare professional without delay.
6. User Submissions.
Subject to any applicable terms and conditions set forth in our HIPAA Privacy Notice and General Privacy Policies, any communication or other material that you send to us through the internet, or post on this Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and LMS shall have no obligation of any kind with respect to such information. LMS shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, and you hereby grant to LMS an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such items in any medium. In the event of any such usage, you agree that LMS shall have no obligation to you, including those of a monetary nature, and you shall have no rights related thereto.
All product names, trade names, service names, tag lines or logotype distinguished in form, text or otherwise from surrounding text, whether or not appearing in large print or with the trademark symbol, are trademarks, service marks, trade names and/or trade dress (collectively referred to as the “Marks”) of LMS, its affiliates, related companies or its licensors (in fact or implied) or joint venture partners, unless otherwise noted. Such Marks are protected by the laws of the United States and/or other countries. No use of any of these Marks may be made without the prior, written authorization of the mark owner, except as permitted by law. The use or misuse of these Marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and other state and federal regulations and statutes. Be advised that LMS actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The content of this Site, including but not limited to text, photographs, illustrations, video, sound and other material (collectively referred to as “Content”) is subject to copyright protection. Except as expressly provided on this Site, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit or otherwise use Content or any portion thereof in any form, or create any derivative work based on such Content, without the express written consent of LMS or the copyright owner. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, Mark or copyright of LMS, or any third party. Unless otherwise stated, all rights, title and interest in the Content, this Site and related materials are with LMS. You will not export any Content or other materials related to this Site outside of the United States without the express written consent of LMS. You will be solely responsible for complying fully with all applicable export laws and regulations of the United States and any other relevant jurisdiction, and will assure that none of Content or anything else related to the Site, or any portion or derivative thereof, is exported, directly or indirectly, in violation of United States law.
9. Governing Laws; Forum Selection.
10. Dispute Resolution.
11. Waiver of Jury Trial and Class Actions.
13. Force Majeure.
LMS, its affiliates and providers, will not be responsible for anything resulting from a cause over which LMS does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including cable and internet), unauthorized access, viruses, theft, change in law, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
15. Restricted Uses.
You agree not to use the Site in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
15.2. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content, or materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
- reformat or frame any portion of the web pages that are part of the Site; and
- fraudulently or intentionally misuse the Site.