welcome to lively bottle
- Modification. This Agreement may be modified by Lively Bottle at its sole discretion from time to time, such modifications to be effective upon posting by Lively Bottle on the website and your use of the website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on May 1, 2021.
- Access and Retention. A link to this Agreement will be found on the Lively Bottle home page. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the website. By using the website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the website does not violate any applicable law or regulation.
Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Lively Bottle reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Lively Bottle apologizes for any inconvenience this may cause you.
When you visit the website or send e-mails to Lively Bottle, you are communicating electronically. You consent to receive communications from Lively Bottle electronically. Lively Bottle will communicate with you by e-mail or by posting notices on the website or social media platforms. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Lively Bottle e-mails you consent to receiving products, promotions and other advertisements from Lively Bottle or its partners.
The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. If your order is eligible for free shipping, the shipping method will be elected by Lively Bottle. Flat-rate expedited shipping offered at checkout is for shipment within the United States only.
Lively Bottle has made every effort to display as accurately as possible the colors of the Products that appear on the website. However, as the actual colors you see will depend on your monitor, Lively Bottle cannot guarantee that your monitor’s display of any color will be accurate.
When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the website using your password. You agree to (a) immediately notify Lively Bottle of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lively Bottle will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS
Lively Bottle owns and retains all proprietary rights in the website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organization of the foregoing and the website as a whole (collectively, ‘Content’) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Lively Bottle or its suppliers.
All software used on this website is the property of Lively Bottle or its suppliers and is protected by United States and international copyright and other intellectual property laws. “Lively Bottle”, “livelybottle.com”, “Lively”, and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Lively Bottle in the United States and/or other countries. Lively Bottle’s trademarks and trade dress may not be used in connection with any product or service that is not Lively Bottle’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lively Bottle. All other trademarks not owned by Lively Bottle that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lively Bottle. References on the website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Lively Bottle.
Lively Bottle grants you a limited license to access and make personal use of the website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lively Bottle. The Content of the website, the website as a whole and the software are intended solely for personal, non-commercial use by you and other commercial users of the website who have a user ID and password. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Lively Bottle reserves all rights not expressly granted herein.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Lively Bottle expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Lively Bottle trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the website, or any page or portion thereof, without the prior written consent of Lively Bottle is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the website or its content with any other site, advertisement, link or other information or materials not originating from this website is expressly prohibited, unless specifically authorized or required in writing by Lively Bottle.
links to third party sites
Lively Bottle may provide, or third parties may provide, links to other Internet sites or resources. Because Lively Bottle has no control over such sites and resources, you acknowledge and agree that Lively Bottle is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lively Bottle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Lively Bottle is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
Except for those warranties expressly provided herein, you hereby acknowledge and agree that Lively Bottle (including officers, employees, agents, directors, and independent contractors of Lively Bottle) has not made any other warranties, express or implied, concerning the website or the Products. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LIVELY BOTTLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LIVELY BOTTLE DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
disclaimer of liability
IN NO EVENT SHALL LIVELY BOTTLE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF LIVELY BOTTLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT LIVELY BOTTLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. LIVELY BOTTLE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES. Notwithstanding anything to the contrary contained herein, Lively Bottle’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Lively Bottle for the PRODUCTS. INDEMNIFICATION. You agree to indemnify and hold Lively Bottle, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, DAMAGES, claim, ACTIONS, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the PRODUCTS in violation of this Agreement and/or arising from ANY USE OF THIS WEBSITE.
Lively Bottle shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Lively Bottle. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, health pandemic, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Lively Bottle, breach of this Agreement by users, and any other events reasonably beyond the control of Lively Bottle. By using the Website you expressly agree that if there is any dispute arising out of the website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Illinois, in Cook County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Cook, State of Illinois shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.