TERMS AND CONDITIONS
Agreement between User and Lifestyle 120 LLC
Welcome to LifeStyle120.com. The LifeStyle120 family of websites, including
www.lifestyle120.com and www.sproutyournewlife.com (collectively, our "Sites") are comprised of various web pages operated by Lifestyle 120 LLC ("Lifestyle"). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms"). Your use of our Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Lifestyle offers various products and services to its customers, including online courses (Sprout Your New Life™), aromatherapy products, and recipes. Nutritional supplements and coaching are provided via our third-party affiliates. Products and services may be provided from any of our Sites. Recipes, lifestyle tips, supplement recommendations, and other content on our Sites, in courses,on our social media, or delivered in coaching do not constitute medical advice. Always seek the advice of a physician before starting a new lifestyle or dietary regimen.
Privacy
Your use of our Sites is subject to Lifestyle's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications Visiting our Sites or sending emails to Lifestyle constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on any of the Sites, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lifestyle is not responsible for third party access to your account that results from theft or misappropriation of your account. Lifestyle and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Sixteen
Lifestyle does not knowingly collect, either online or offline, personal information from persons under the age of sixteen. If you are under 18, you may use our Sites only with permission of a parent or guardian.
Cancellation/Refund Policy
Sprout Your New Life Program. You may cancel your Sprout Your New Life program within 72 hours of purchase. After72 hours, or if you complete any of the online modules, your purchase is final. Refunds will be subject to a 10% restocking fee and will only be processed once the workbook is returned in new condition. Workbooks can be returned to PO Box474, Hinsdale, IL 60522. Workbooks that are not in new condition will result in a charge for the cost of the workbook. If you choose the monthly payment option for the program, your workbook will be delivered digitally as PDFs with each module. There are no refunds for canceling the monthly payment options. To cancel either your one-time purchase of the course or the monthly payment version of the course, you must send an email to tk@lifestyle120.com. Ifyou purchase coaching from one of our affiliates, for in-person or virtual coaching, the coaching relationship will be governed by a separate Coaching Agreement.
Lifestyle 120 Coaching Program. Lifestyle 120 coaching relationships will be governed by a separate coaching agreement, which will be provided to the Client.
Aromatherapy. If the aromatherapy product has an adverse effect, you may exchange it for a new formulation. Otherwise, there are no refunds on aromatherapy products.
Links to Third Party Sites/Third Party Services
Our Sites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Lifestyle and Lifestyle is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lifestyle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lifestyle of the site or any association with its operators.
Certain services made available via our Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from our Sites, you hereby acknowledge and consent that Lifestyle may share such information and data with any third party with whom Lifestyle has a contractual relationship to provide the requested product, service or functionality on behalf of Lifestyle’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Sites strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lifestyle that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lifestyle or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish,transmit, copy and paste, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Lifestyle content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lifestyle and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lifestyle or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Lifestyle account to third party accounts. By connecting your Lifestyle account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Lifestyle from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lifestyle Content accessed through our Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Lifestyle, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lifestyle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lifestyle in asserting any available defenses.
Arbitration In the event the parties are notable to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.The parties agree to arbitrate all disputes and claims in regards to theseTerms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Lifestyle 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIFESTYLE 120 LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIFESTYLE 120 LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIFESTYLE 120 LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIFESTYLE 120 LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIFESTYLE120 LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Lifestyle reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lifestyle as a result of this agreement or use of the Sites. Lifestyle's performance of this agreement is subject to existing laws and legal process,and nothing contained in this agreement is in derogation of Lifestyle's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Lifestyle with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lifestyle with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lifestyle with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms Lifestyle reserves the right, in its sole discretion, to change the Terms under which the Sites are offered. The most current version of the Terms will supersede all previous versions. Lifestyle encourages you to periodically review the Terms to stay informed of our updates.
Contact Us Lifestyle welcomes your questions or comments regarding the Terms:
Lifestyle 120 LLC
PO Box 474
Hinsdale, Illinois 60522
Email Address: tk@lifestyle120.com
Effective as of June 12, 2019
