PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE OR PLACING AN ORDER ONLINE ON THIS WEBSITE.
1.1 The Website is offered and available to users, for personal use, who are 18 years of age or older and who reside in the United States. By using this Website, you are affirming that you meet these criteria and are of legal age to form a binding contract with the Company. If you do not meet these eligibility requirements, you must not access or use this Website.
2. Changes to Terms and Conditions.
2.1 We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of this Website thereafter.
3. Medical Disclaimers.
3.1 The information on the Website is not intended as medical or healthcare advice, nor should it be used for medical diagnosis or treatment for any health issues.
3.2 The information on this Website is not intended as a substitute for professional advice and services from a qualified healthcare provider. You should seek the advice of your physician or other qualified healthcare provider before taking any medication, supplement or beginning a new treatment for any health issue or concern, including prior to using our products.
3.3 The statements and products on this Website have not been evaluated by the Food and Drug Administration, and our products are not intended to diagnose, treat, cure or prevent any disease.
4. Access to Website.
4.1 We reserve the right to terminate, suspend operations or amend this Website in our sole discretion without notice. You agree that the Company will not be liable to you or any third party for any consequences of such termination, suspended operations or amendment.
5.1 The Website may contain interactive features that allow users to post or submit comments, reviews and other material and communications to the Website (“User Content”). All User Content will be considered non-confidential and non-proprietary.
5.2 By providing User Content on the Website, you grant the Company, its affiliates, subsidiaries, successors, assigns, agents and licensees a non-exclusive, royalty-free, irrevocable, perpetual, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such User Content and the name submitted in connection with such User Content in any medium. The Company and its affiliates may freely use any information, ideas, or know-how contained in your User Content for any purpose.
5.3 Once submitted, you will not have the right to inspect or approve uses of your User Content, nor shall you be compensated for use of your User Content. The Company owns all right, title and interest in any compilation, collective work, or other derivative work that uses or incorporates User Content.
5.4 By providing User Content, you represent and warrant that:
5.4.1 you own all the rights to the User Content or are authorized to use and distribute the User Content to the Website;
5.4.2 the User Content does not and will not infringe the intellectual property rights of any third party, nor violate any applicable law or regulation;
the User Content does not violate these Terms and Conditions and will not cause injury to any person or entity;
5.4.3 you have not used a false email address or impersonated any person or entity or otherwise mislead as to the origin of your User Content;
5.4.4 you will indemnify the Company for all claims relating to your User Content.
5.4.5 You may not post any of the following: telephone numbers, street addresses, last names, URLs to other sites, photographs containing nudity, or obscene, sexually explicit or otherwise objectionable subject matter, or any HTML or other programming code. You are solely responsible for the User Content that you provide and the consequences of posting such User Content.
5.4.6 The Company may disclose your identity or other information about you to any third party who claims that your User Content violates their rights.
5.4.7 The Company is not liable to you or any other party for the content or accuracy of any User Content posted by you or any other user. The Company has the right (but not the obligation) to monitor, edit or remove any User Content, as well as to refuse to post any User Content for any reason or no reason in our sole discretion. The Company is not responsible for and assumes no liability for User Content.
6. Online Purchases.
6.1 Your Account.
6.1.1 You do not need to create an account when you purchase product in single transactions from the Website.
6.1.2 If you choose the Subscription purchase option (see Section 6.6 below), you will be required to create an account as part of the check-out process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
6.2 Payment Terms.
6.2.1 The Company currently accepts VISA, MasterCard and American Express credit cards for purchases made from the Website. In addition you may pay via Amazon Pay or Apple Pay which remove the requirement to enter your credit or debit card details into the Lumity Life website.
6.2.2 By placing an order, you represent and warrant that the method of payment you provide is yours or you are authorized to provide it. The Company has the right to cancel an order and/or terminate an account if it has grounds to believe that you have provided inaccurate, incomplete or fraudulent payment information, or for any other reason in its sole discretion.
6.3 Acceptance of Order.
6.3.1 Your placement of an order does not mean that the Company accepts that order. The Company reserves the right to refuse any order in its sole discretion. In addition, before an order is accepted, we may require additional information if you have not provided all of the information we need to complete your order.
6.3.2 Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order in line for shipment. Items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available.
6.3.3 The Company does not accept orders from dealers, resellers, wholesalers or others who intend to resell the products offered on this Website. If the Company learns that you are placing orders for the purposes of reselling the products, the Company will immediately cancel your order and suspend or terminate your account, and may pursue all available legal remedies against you.
6.4 Shipping Terms and Policies.
6.4.1 The Company offers Free Shipping on all orders of our products within the United States of America. For all orders outside the United States of America you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility. All orders are fulfilled and dispatched from the United States of America.
6.4.2 Unless otherwise noted, the Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Any delivery or shipment timeframes or dates provided by the Company for your order is simply a good-faith estimate and is subject to change.
6.4.3 If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we reserve the right to cancel your order, refund the amount tendered, and advise you of such action.
6.4.4 All product ordered from the Website is delivered to shipment carriers. All orders are shipped FOB Shipping Point. Title to products passes from the Company to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
6.4.5 The Company may reject orders where the shipping address is outside of the United States.
6.5 Sales Tax.
6.5.1Products sold by the Company may be subject to state and local sales tax in select states in accordance with the laws of those states. The sales tax, if any, identified in the check-out process is just an estimate. The sales tax ultimately charged to your credit card will be calculated at the time your charge is authorized and will reflect any applicable state and local taxes.
6.6 Subscription Program.
6.6.1 When you place an order on the Website, you can choose the Subscription option to automatically receive each subsequent 4-week supply. If you select that option, your participation in the Subscription program will continue until you cancel in accordance with these Terms and Conditions, except that we may, in our sole discretion, terminate your participation in the Subscription program.
6.6.2 To participate in the Subscription program, you must create an account and provide a valid credit card number and shipping address for your orders. To ensure continuous supply each shipment of a 4-week supply will be automatically processed with an initial first charge period of 25 days followed thereafter by automatic charges every 4 weeks. The Company will automatically charge your credit card for the subscription product, any applicable shipping and handling charges, and any applicable sales tax, and ship that product to the shipping address listed in your account.
6.6.3 If there are any problems with the payment method or shipping address associated with your account, we will notify you by email using the email address associated with your account and ask that you resolve the problem. Until the problem is resolved, your participation in the Subscription program will be suspended, with no order being processed or shipped until the problem is resolved.
6.6.4 You are obligated to provide current, complete and accurate billing and shipping information for your account and to update that information by accessing your account if the information has changed (e.g., credit card expires or billing address changes).
6.6.5 To cancel your participation in the Subscription program, you must contact the Company by phone or email, or select the cancellation option in your account, if available. Any cancellation request must be received at least twenty-four (24) hours prior to your next Subscription processing date to prevent charges and shipment for the next 4-week supply. If you cancel within that 24-hour window, your credit card will be billed and the next 4-week supply of the product will be shipped. Your cancellation will then go into effect for the subsequent cycle and no further products will be charged and shipped to your account.
6.7 Return Policy.
6.7.1 We want you to be 100% satisfied with your purchase and we stand by the quality of our products. Should you for any reason be unhappy with your purchase feel free to return the product for a full refund of the price of the product.
188.8.131.52 To return the product, please follow these guidelines:
184.108.40.206 Product must be returned within thirty (30) days of the order date.
220.127.116.11 When you return the product, you must return the bottle(s) the product came in to receive a refund.
18.104.22.168 Please complete the online Returns Form located in the Footer section of the site under "Contact" and press submit.
22.214.171.124 Please include a copy of your receipt (either a print of the online Returns Form or a note with your order number, name, email address, phone number) and your reason for returning the product(s).
126.96.36.199 Original shipping and handling charges (if applicable) are non-refundable.
188.8.131.52 All returns should be mailed to:
Lumity Life, Inc
6402 Corporate Drive
Indianapolis, IN 46278
6.7.2 If your product is timely returned, then within thirty (30) days of receiving the return, the Company will issue a credit for the amount you paid, excluding any shipping charges, to your credit card used to purchase the product.
6.7.3 If you have any questions please call us at 800.311.6449 or email us at firstname.lastname@example.org.
6.8 Product Descriptions, Availability and Pricing.
6.8.1 The Company attempts to be as accurate as possible in describing its products and listing pricing and other information on the Website. However, we do not warrant that product descriptions, photographs, pricing or other content on the Website is accurate, complete, reliable, current or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product offered by the Company is not as described or pictured, your sole remedy is to return the product for a refund in accordance with our Return Policy described above. In the event of an error, whether on the Website, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order. If your order is cancelled due to such error, your credit card will be refunded the full amount of your order.
6.8.2 The Company may revise or discontinue products at any time without prior notice and without incurring any obligation to customers and product may be unavailable to customers even after an order is placed.
6.8.3 Prices are subject to change without notice.
6.9 Discounts / Offers
6.9.1 Discount codes for Lumity products must be inputted correctly, as instructed during checkout, for the discount to apply to your purchase.
6.9.2 Discounts that we offer may apply for a limited time and may also be limited to specific products. These limitations will align with the offer wording.
6.9.3 Each discount code may only be used once per customer.
6.9.4 Discount codes cannot be used in conjunction with any other discount.
6.9.5 Discount codes are intended for consumer use only. Business use is strictly prohibited. We will consider any orders with over 6 units as potential business use. We reserve the right to refuse your order if we believe it is for non-consumer use. In such circumstances we shall cancel your order and provide you with a full refund.
6.9.6 We reserve the right to withdraw an offer or discount code at any time.
6.9.7 Discount codes apply to your first order only.
6.9.8 In cases that we deem to be in breach to our Terms and Conditions we reserve the right to cancel orders and issue a full refund for any payments made by you.
6.10 Referral Program
6.10.1 Our refer a friend program is a genuine offer to reward our customers for introducing Lumity to friends and family. In order to avoid any abuse of the program there are a few conditions around it:
6.10.2 You may only receive referral credit when your friends and family sign up for the Auto Replenish product using your unique referral link. Please copy and paste your unique link and share with your friends and family using Email, SMS Twitter, or Facebook. You will not receive credit should your friends and family order a Product(s) not using the referral link. Our systems identify whether your link is used or not and our decision on referral credit shall be final.
6.10.3 Referral codes can only be used when purchasing fully priced products. The user of the referral link shall receive a 50% discount off the RRP of the first order of the Lumity Auto Replenish product.
6.10.4 Referral codes cannot be used in conjunction with any other offers.
6.10.5 Any credit earned by sharing a referral code on a promotional code website, forum or any third party site will not be approved.
6.10.6 Each customer is permitted to refer their unique link to an unlimited number of friends and family, but the referrer shall only receive a maximum of one discount per future Auto Replenish order. For example if a referral link is used by three friends then the referrer's next three Auto Replenish orders will each receive a discount of 50% before reverting back to full price.
6.10.7 You can also not refer yourself or a friend using the same contact details or payment details. If we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as a fraudulent referral. For any referral which we deem to be fraudulent, we reserve the right to cancel the referred transaction, and to refuse to credit your existing account with any referral credit. We reserve the right, at our discretion to cancel any orders in which the referrer and friend are believed to be the same person.
6.10.8 When sharing your unique referral link with friends and family, you may not mimic or misrepresent Lumity or otherwise mislead people to believe that they are dealing with Lumity, one of our agents or affiliates.
6.10.9 This scheme is intended for consumer use only. Business use is strictly prohibited. We will consider any orders with over 6 units as potential business use. We reserve the right to refuse your order if we believe it is for non-consumer use. In such circumstances we shall cancel your order and provide you with a full refund.
6.10.10 In cases that we deem to be in breach of our terms and conditions we reserve the right to cancel orders and issue a full refund for any payments made by you.
7. Intellectual Property Rights.
7.1 The Website and all of its contents, features and functionality (including, without limitation, software, text, displays, images, and audio and video, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
7.2 These Terms and Conditions permit you to use the Website for your personal, non-commercial use and you are hereby granted a non-exclusive, non-transferrable, revocable limited license to view, copy and print content retrieved from the Website solely for your personal use and to order product from the Website, provided that you do not remove, obscure or alter the copyright notice or other notices displayed on the content.
7.3 No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
7.4 All trademarks and service marks displayed on the Website, including the term LUMITY, are the property of the Company or their respective owners. You may not use or display any trademarks or services marks owned by the Company without the Company’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
8. Copyright Complaints.
8.1 If you believe that your work has been copied in a way that constitutes copyright infringement, you may request removal of those materials from the Website by contacting the Company as set forth below and providing the following information:
8.2 Identify the copyrighted work that you believe has been infringed. Please describe the work and, if possible, include a copy of or a web link to an authorized version of the work.
8.3 Identify the material on the Website that you believe to be infringing and its location. Please describe the material and provide a web link or other detailed information that will allow us to locate the material.
8.4 Your name, address, telephone number and email address.
8.5 A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law.
8.6 A statement that the information you have provided is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
8.7 The signature or electronic equivalent of the copyright owner or its authorized representative.
Send this information by mail to Lumity Life Inc., 5716 Corsa Ave Suite 110, Westlake Village, CA 91362-7354. The Company may also terminate access by any user who appears to be violating the rights of others.
9. Prohibited Uses.
9.1 You may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
9.2 You agree not to copy (except as permitted by the limited license described in the Intellectual Property Rights section above), reproduce, rent, lease, loan, sell, modify, distribute, or re-post any content of the Website or to use the content of the Website for any commercial exploitation.
9.3 You further agree not to:
9.3.1 use the Website in any way that violates any applicable federal, state, local or international law or regulation;
9.3.2 post or submit material that infringes the intellectual property rights, privacy rights, publicity rights or other rights of any party;
9.3.3 post or submit any material that is unlawful, defamatory, threatening, obscene, slanderous, harassing or embarrassing to any other person or entity as determined by the Company in its sole discretion;
9.3.4 upload, post or otherwise transmit through the Website any viruses or other harmful files;
9.3.5 impersonate or attempt to impersonate the Company, a company employee, another user or any person or entity associated with the foregoing;
9.3.6 post or submit any material related to commercial activities, sales or other promotions;
9.3.7 engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; or
9.3.8 attempt to interfere with the proper working of the Website, including, without limitation, through use of any device, software, routine or otherwise.
10. Limitations of Liability.
10.1 IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE WEBSITE.
11. Disclaimer of Warranties.
11.1 Your sole remedy in the event that you are not satisfied with product obtained from the Website is to return it in accordance with the Return Policy stated in Section 7 above.
11.2 EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
11.3 YOUR USE OF THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK AND THE FOREGOING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE PROVIDED HEREIN. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
11.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12.1 You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms and Conditions, (b) your use of the Website, (c) any information you post, submit or transmit through the Website; (d) information you submit to the Website, (e) any claims related to the provision of personal information by you to the Company that is not owned by you, in contravention of these Terms and Conditions.
13. Governing Law; Venue.
13.1 These Terms and Conditions and your purchase of products through the Website shall be governed by and construed in accordance with the laws of the State of Georgia, without resort to its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed in the state or federal courts located in Fulton County, Georgia and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts.
14.1 The Company may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our sole discretion.
15.1 No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
16.1 If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
17. Entire Agreement.
18. Your Comments/Contacting Us.
This Website is operated by:
Lumity Life Inc.
5716 Corsa Ave Suite 110
Westlake Village, CA 91362-7354
Returns should be sent to:
Lumity Life, Inc
6402 Corporate Drive
Indianapolis, IN 46278
All feedback, comments, requests for technical support and other communications related to the Website or product provide through this Website should be directed to: email@example.com. You may also contact us by phone at 1-800-311-6449.