Living With Ivey

Terms of Service

 

These Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“User”, “you” or “your”) and Living With Ivey LLC, a Florida limited liability company (referred to in these Terms as “Company”, “we”, “us” or “our”) for the use of the website https://www.livingwithivey.com, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform”). 

 

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY US (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).

 

Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform, products, and services. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.

 

You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.

 

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 17). For any dispute involving amount less than Eight Thousand ($8,000.00) Dollars, the Parties shall submit such disputes to non-binding mediation in Palm Beach County, Florida (JAMS Rules).

1. Overview. The Company provides you access to our personalized virtual Platform that allows Users to browse and purchase consumer goods (“Products”) and access to our Subscription Service (as defined below), which includes a platform for Users to access to recipes and exclusive content. 

 

2. Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are under the age of eighteen (18), you represent that you have your parent’s or legal guardian’s permission to use the Platform.

 
2.1 Parents and Legal Guardians. If you are a parent or legal guardian who allows your minor children to use the Platform through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Platform. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Platform.

 

3.   Accounts and Registration. 

 

1. As part of the Platform, you may create a user account (“Account”). Users will receive an email confirming the creation of their Account.

 

2. When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date, at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your Account is no longer secure, then you must immediately notify us at hello@livingwithivey.com.

 

3. Incurring Liabilities. Notwithstanding any other terms of this Agreement, any acts or omissions by the User that violate the Terms shall be deemed a breach of these Terms by the User and User will indemnify, defend, and hold the Company harmless from and against all damages, liabilities, costs, and expenses that the Company may incur as the result of such breach.

4. General Payment Terms. Although the Company may, in its discretion, make certain features and content of the Platform available free of charge to certain users, other features of the Platform may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are stated in U.S. Dollars and shall be deemed non-refundable, once paid.

 

4.1. Products. Subject to your compliance with these Terms, you may purchase the Products made available on the Platform. When browsing our Platform, in order to purchase one or more Products, you must first select the Product and then add the item to your online shopping cart (the “Cart”). Once you have added all Products that you wish to purchase to your Cart, you then have an opportunity to review your order, including a description of the Products, the order subtotal, shipping costs, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information. We reserve the right to add or remove any Products made available for purchase through the Website as we determine in our sole discretion from time to time.

 

You agree to provide only true, accurate, current and complete information in connection with any purchase of Products, and further agree that by inputting such information you desire to purchase the Products on the terms and conditions set forth herein. By clicking “Place Order”, you confirm your agreement to purchase the applicable Products and agree that we may charge you for the total cost displayed to you at such time. 

 

4.2. Prices. The Company reserves the right to determine pricing for the Products in its sole discretion and may change pricing at any time. It is your responsibility to confirm the total price displayed to you before you click “Place Order”. We will make reasonable efforts to keep pricing information published on the Platform up to date. We will use reasonable efforts to notify you of any changes before they apply. We encourage you to check our Platform periodically for current pricing information. We may change the fees for any Product or feature of the Platform or the Subscription Service (as defined below), at any time. We may also, in our sole discretion, make promotional offers with varying features and legal terms available to select Users. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Platform or any Subscription Service.

 

4.3. Product Information. Although we have made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the monitor of the User, and the Company cannot guarantee that the User’s monitor will accurately portray the actual attributes of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price, description, or any other matter. The User acknowledges that the Company does not make any representations regarding the appearance or quality of the Products and the User acknowledges and agrees to release the Company of liability from any and all claims or disputes arising from the representations regarding the Product’s appearance or quality.

 

4.4. Shipping and Returns. For more information, please review our Shipping and Returns Policy, to which you expressly agree. 

 

4.5. Subscription Service. On the Platform, we provide a subscription-based membership to Users by which you authorize automatically recurring payments for periodic charges (“Subscription Service”). Terms and conditions of any Subscription Service will be posted on our Platform from time to time, to which you expressly agree if you elect to purchase a Subscription Service. If you purchase a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME YOU ACTIVATE THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL YOUR SUBSCRIPTION THIRTY (30) DAYS OR MORE PRIOR TO ANY RENEWAL PERIOD IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. We will bill the periodic subscription fee (“Subscription Fee”) to the payment method you provide to us during registration (or to a different payment method if you change your payment information), or as otherwise specified in your Account. 

 

You agree the Subscription Service fees are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company regarding future functionality or features. You are responsible for any charges assessed by your bank or payment provider. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. 

 

ALL SALES ARE FINAL. YOU SHOULD BE AWARE THAT WE DO NOT OFFER REFUNDS FOR PAID SUBSCRIPTIONS UNDER ANY CIRCUMSTANCE.

 

You may cancel the Subscription Service, upon _____ days’ notice by following the instructions in your Account or contacting us at: hello@livingwithivey.com.

 

4.6. Authorization. You authorize the Company to charge all amounts applicable for paid features that you choose to utilize and any level of Subscription Service you select as described in these Terms or published by the Company on the Subscription Service, from time to time, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit, debit, or other payment card,  we may seek pre-authorization or verification of your credit card account prior to your purchase to prevent fraud and/or verify that the payment card is valid and has the necessary funds or credit available to cover your purchase. You hereby authorize the Company to pre-authorize your payment card for the costs and fees of incurred with the Platform or Subscription Service, including any other fees that may be due hereunder.

 

4.7. Complementary Services. We may make complementary services available to you (“Complementary Services”), from time to time. Your use of Complementary Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Complementary Services are provided to you without charge up to certain limits set forth by us and subject to change without notice. You agree that the Company, in its sole discretion and for any or no reason, may terminate access to the Complementary Services or any part thereof. You agree that any termination of access to the Complementary Services may be without prior notice, and you agree that the Company will not be liable to you or any third party for such termination.

 

NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, ANY COMPLEMENTARY SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND WE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE COMPLEMENTARY SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE OUR LIABILITY WITH RESPECT TO THE COMPLEMENTARY SERVICES SHALL NOT EXCEED TEN ($10.00) DOLLARS. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE COMPLEMENTARY SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE COMPLEMENTARY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE COMPLEMENTARY SERVICES WILL BE ACCURATE.

 

4.8. Payment Processing. When you make a purchase of any Products through the Platform, you authorize Company and its third-party payment processors, including Shopify®, to charge the credit card identified by you for the total cost including, shipping and taxes. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such credit card for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of Shopify®, which can be accessed here: 

https://www.shopify.com/legal

 

You further authorize the Company and Shopify®, to store your credit card information. If the Company does not receive payment from your credit card provider, Products will not be shipped to you until the Company receives payment. 

 

4.9. Delinquent Accounts. We may suspend or terminate your access to the Platform, including fee-based portions of the Subscription Service, if you owe any amount to us which remains unpaid for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any unpaid amount, including legal fees and costs.

 

5. Third Party Services.

 

5.1. Linked Websites. The Platform may contain links to third-party websites (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Sites. By visiting any Third-Party Sites, you agree to expressly be bound by any posted terms and conditions. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. Company is not responsible for the content of any linked Third-Party Sites and does not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify us and hold us harmless for your access and use of any Third-Party Sites.

 

5.2. Third-Party Service Providers. The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform or Subscription Service. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our products, services, website, as specified in these Terms or in our Products or Subscription Services. For more information, please visit our Cookie Policy and Targeted Ads Policy to which you expressly agree. 

 

6. Our Content

 

6.1. Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, and images (collectively, our “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of Company or our licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of our Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. Failure to do so may result in violations of state and federal laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website, digital or printed materials, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate and you must immediately destroy any copies you have made of the Content.

 

6.2. The trademarks, service marks, and logos of the Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by us. None of the Content for this Platform may be retransmitted without the express written consent from the Company for each and every instance.

 

6.3. Ownership; Proprietary Rights. The Platform is owned and operated by Living With Ivey LLC. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform and the Subscription Service (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Platform and the Subscription Service are the property of the Company or its third-party licensors. Except as expressly authorized by us, you may not make use of the Materials except in connection with your use of the Platform or any Subscription Service. We reserve all rights to the Materials not granted expressly in these Terms.

 

7. Feedback. If you choose to provide input and suggestions regarding the design and performance of the Platform or Subscription Service, problems with, or proposed modifications or improvements to the Platform and/or Subscription Service (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and/or the Subscription Service and create other products and services.

 

8. Dietary Advice and Options; Food Allergies and Ingredient Intolerances. Blog posts, newsletters content, and other information provided through the Platform and any Subscription Service may contain recipes, meal recommendations, general health information, and dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with the Platform (collectively, the “Dietary Options”) will contain various ingredients. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly call 911 or contact your health care provider.

 

BY USING OUR PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A MEDICAL PROFESSIONAL BEFORE USING ANY DIETARY ADVICE OR CONSUMING ANY DIETARY OPTIONS. NOTHING STATED OR POSTED ON THE PLATFORM OR OTHERWISE AVAILABLE THROUGH THE PLATFORM OR SUBSCRIPTION SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NOR ANY OTHER LICENSED PROFESSIONAL. THE CONTENT AND INFORMATION OBTAINED FROM THE PLATFORM OR SUBSCRIPTION SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE CONTENT IN THE PLATFORM OR SUBSCRIPTION SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE ADOPTING ANY DIETARY ADVICE OR CONSUMING ANY DIETARY OPTIONS, WHETHER OFFERED THROUGH OR BY THE PLATFORM, THE SUBSCRIPTION SERVICE, OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE PLATFORM OR SUBSCRIPTION SERVICES. 

 

1. Physical Fitness; Medical Disclaimer. 

 

AS FURTHER DESCRIBED BELOW, PRIOR TO STARTING ANY EXERCISE PROGRAMS PROVIDED ON THE PLATFORM, SUBSCRIPTION SERVICE, OR ANY OTHER EXERCISE PROGRAM, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE. THIS IS ESPECIALLY IMPORTANT AND APPLICABLE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED ANY DISCOMFORT WHILE EXERCISING. PLEASE BE AWARE THAT NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

 

IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.

 

THE PLATFORM MAY PROVIDE HEALTH AND FITNESS INFORMATION FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. BEFORE STARTING A NEW FITNESS PROGRAM, YOU SHOULD CONSULT YOUR PHYSICIAN. THE INFORMATION ON THIS PLATFORM AND/OR ANY SUBSCRIPTION SERVICE SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR, OR REPLACEMENT OF, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SHOULD YOU HAVE ANY CONCERNS OR QUESTIONS REGARDING YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY SEEKING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BASED ON THE INFORMATION OBTAINED FROM THE PLATFORM AND/OR ANY SUBSCRIPTION SERVICE. 

DO NOT USE THE APPLICABLE FEATURES ON THE PLATFORM OR SUBSCRIPTION SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN, OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

 

THE INFORMATION PRESENTED, POSTED, OR OTHERWISE AVAILABLE THROUGH THE PLATFORM AND/OR SUBSCRIPTION SERVICE IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR COUNSELING CARE AND SHOULD NOT BE INTEREPRETED AS SUCH. THIS INCLUDES, BUT IS NOT LIMITED TO, PRACTICES SUCH AS PSYCHIATRY, PHYSCHOLOGY, PSYCHOTHERAPY, OR THE PROVISION OF HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. THIS PLATFORM AND THE SUBSCRIPTION SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. FURTHERMORE, DEVELOPMENT IN THE MEDICAL FIELD AND RESEARCH MAY IMPACT OR INFLUENCE THE HEALTH, FITNESS, AND NUTRITIONAL INFORMATION PROVIDED BY THE PLATFORM AND/OR ANY SUBSCRIPTION SERVICE. WE MAKE NO GUARANTEE THAT THE ADVICE OFFERED THROUGH THE PLATFORM AND/OR SUBSCRIPTION SERVICE WILL INCLUDING THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH THE PLATFORM AND/OR SUBSCRIPTION SERVICE IS SOLELY AT YOUR OWN RISK.

 

By using the Platform and/or enrolling in the Subscription Service, you affirm that either:

 

(A) all of the following statements are true:

 

• You have not been informed by a physician or general practitioner that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
• you have never felt chest pain when engaging in physical activity;
• you have not experienced chest pain when not engaged in physical activity at any time within the past month;
• you have never lost your balance because of dizziness, and you have never lost consciousness;
• you do not have a bone or joint problem that could be made worse by a change in your physical activity;
• your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
• you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
• you do not know of any other reason you should not exercise; or

 

(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Platform and/or a Subscription Service.

 

You further affirm that you are not pregnant, breastfeeding or lactating; unless your physician or general practitioner has been specifically consulted and approved your use of the Platform and/or Subscription Service.

 

We reserve the right to refuse or cancel your Subscription Service or Account if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

 

10. Digital Millennium Copyright Act

 

10.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:

 

DiSchino & Schamy, PLLC

Attn: Living With Ivey Legal 

4770 Biscayne Blvd., Suite 600

Miami, Florida 33137. 

Email: admin@dsmiami.com

 

Only copyright complaints may be sent to our Copyright Agent. No other communications will be accepted or responded to.

 

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must contain the following information:

 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Platform;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SUBSCRIPTION SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM OR SUBSCRIPTION SERVICE BEFORE SENDING THE NOTICE.

 

10.2. Repeat Infringers. The Company will promptly terminate the Accounts of any User that is determined by the Company to be a repeat infringer.

 

11. Modification of these Terms. We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing Users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your Account prior to the effective date of the revised Terms by contacting  hello@livingwithivey.com to terminate your Account, and, if you have prepaid for any Subscription Services, request a pro rata refund for the remainder of your prepaid subscription. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform or the Subscription Services and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

 

12. Term, Termination and Modification of the Platform and Subscription Service.

 

12.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform Subscription Service, and ending when terminated as described in Section 12.2.

 

12.2. Termination. If you violate any provision of these Terms, your authorization to access the Platform, Subscription Service, and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform or Subscription Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at hello@livingwithivey.com.

 

12.3. Effect of Termination. Upon termination of these Terms: (a) your rights to use the Platform and the Subscription Service will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access your Account, the Platform, or the Subscription Service; (c) you must pay the Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Platform or Subscription Service and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

 

12.4. Modification of the Platform and Subscription Service. We reserve the right to modify or discontinue the Platform or Subscription Service at any time (including by limiting or discontinuing certain features of the Platform or Subscription Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or Subscription Service or any suspension or termination of your access to or use of the Platform or Subscription Service. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Platform.

 

13. Updates.

 

13.1. We may automatically update the Platform at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 

 

13.2. If you choose not to install such updates or if you opt out of automatic updates (if applicable) you may not be able to continue using the Platform and the Subscription Services. 

 

14. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE PLATFORM AND THE POSSIBLE RISKS INVOLVED IN USING OUR SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

 

15. DISCLAIMERS; NO WARRANTIES

THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM AND/OR SUBSCRIPTION SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM, SUBSCRIPTION SERVICE, OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE PLATFORM OR SUBSCRIPTION SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

 

16. LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM OR SUBSCRIPTION SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM OR SUBSCRIPTION SERVICE (OR ANY INABILITY TO USE THE PLATFORM OR SUBSCRIPTION SERVICE OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PLATFORM (I) PRODUCTS OR (II) FOR ACCESS TO AND USE OF THE SUBSCRIPTION SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) FIVE HUNDRED ($500.00) DOLLARS.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

17. Dispute Resolution and Arbitration

 

17.1. Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, and except as described in Section 17.2 and 17.3, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

17.2. Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court (although all disputes for amounts for $8,000.00 or less must be submitted first to non-binding mediation in Miami-Dade County, Florida (JAMS Rules); (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

17.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Living With Ivey LLC at 1253 Old Okeechobee Road, #A4, West Palm Beach, FL 33401, that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Company receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.3. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

 

17.4. Arbitrator. Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

17.5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Company’s address for Notice is: Living With Ivey LLC, 1253 Old Okeechobee Road, #A4, West Palm Beach, FL 33401.The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) Ten Thousand ($10,000.00) Dollars.

 

17.6. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than Ten Thousand ($10,000.00) Dollars, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida but if the claim is for Ten Thousand ($10,000.00) Dollars or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

17.7. No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

17.8. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to the Company’s address for Notice of Arbitration, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

17.9. Enforceability. If Section 17.7 or the entirety of this Section 17 is found to be unenforceable, or if the Company receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.3 will govern any action arising out of or related to these Terms.

 

 

18. Miscellaneous.

 

18.1. Privacy Policy. The Company is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of thirteen (13) who wish to allow their children access to the Platform are responsible for supervision of that access. When you register an Account for your child or allow your child to register his or her own Account, you certify that you are at least eighteen (18) years old and that you are the legal guardian of the child/children accessing the Platform. By allowing access to your child, you also give your child permission to access many areas of the Platform. Please remember that the Platform is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Platform areas are appropriate for your child. Registration data and certain other information about you is subject to our Privacy Policy, to which you expressly agree. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company and its affiliates.

 

18.2. General Terms. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

18.3. Governing Law. These Terms are governed by the laws of the State of Florida, United States of America, without regard to conflict of law principles. You and the Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Palm Beach County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. Our Platform is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that our Platform, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access our Platform do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

18.4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

 

18.5. Privacy Policy; Cookie Policy. In connection with your access to the Platform and use of the service, you expressly agree to our Privacy Policy and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Platform. The Privacy Policy and Cookie Policy are part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.

 

18.6. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform or the Subscription Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

18.7. Security Protocols. You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.

 

18.8. No Resale of Platform or Subscription Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform or Subscription Service (including your Account), use of the Platform or Subscription Service, or access to the Platform or Subscription Service.

 

18.9. Consent to Electronic Communications. By using the Platform or our Subscription Service, you acknowledge and agree that you are contracting with Company electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via e-mail or via the Platform). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message or (2) via the Platform. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. 

 

18.10. Marketing Communications. By agreeing to these terms, you expressly acknowledge and agree that we may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided. 

18.11. Contact Information. The Platform is offered by Living With Ivey LLC located at 1253 Old Okeechobee Road, #A4, West Palm Beach, FL 33401. You may contact us by sending correspondence to that address or by emailing us at hello@livingwithivey.com.

18.12. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform. For more information, please also read our Notice to California Residents.

 

18.13. No Support. We are under no obligation to provide support for the Platform or Subscription Service. In instances where we may offer support, the support will be subject to published policies.

18.14. International Use. The Platform and Subscription Service is hosted from the State of Florida, United States of America and is intended for Users located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.

18.15. Email, SMS and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided herein. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding the Company, the Platform and our Subscription Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms of Service). 

 

Last Updated: April 15, 2024.

 

Accessibility Statement

 

General

 

We at Living With Ivey LLC, (“Company”, “we”, “us” or “our”) strive to ensure that our website located at http://livingwithivey.com (“Website”) is accessible to all individuals, including persons with disabilities. We have invested significant resources to help ensure that our Website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence. 

 

Accessibility on our Website

 

Our ongoing accessibility effort works towards conforming to the Web Content Accessibility Guidelines (WCAG), Version 2.1, level AA criteria. These guidelines not only help make web content accessible to users with sensory, cognitive and mobility disabilities, but ultimately to all users, regardless of ability.

 

Disclaimer

 

We continue our efforts to constantly improve the accessibility of our Website, in the belief that it is our collective moral obligation to allow seamless, accessible, and unhindered use for all people, including those with disabilities. Despite our efforts to make all pages and content on our Website fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

 

Here for You

 

If you are experiencing difficulty with any content on, or otherwise require assistance with, our Website, please contact us during normal business hours, as detailed below, and we will be happy to assist you.

 

Contact Us

 

If you wish to report an accessibility issue, if have any questions, or if you need assistance, please contact us by email at hello@livingwithivey.com or by mail at the address below:

 

Living With Ivey LLC 

1253 Old Okeechobee Road, #A4, 

West Palm Beach, FL 33401

 

Last Updated: April 15, 2024