TERMS AND CONDITIONS

Table of Contents

1. Terms and Conditions

Welcome to Live Stacked!

These terms and conditions outline the rules and regulations for the use of Live Stacked ‘s Website, located at livestacked.com.

By accessing this website, you accept and acknowledge the terms and conditions of Live Stacked. DO NOT continue to access, browse or use Live Stacked services if you do not agree to all of the terms and conditions stated on this page.

Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to:

 

  • Your use of and/or access to the Livestacked.com website and/or other websites (collectively, “Website”) which are owned or operated by Live Stacked, LLC or its affiliates (collectively, “Live Stacked”, “we,” “us,” or “our”), including any portions thereof available only to subscribers.

 

  • Your use of and/or access to the mobile phone applications which we may operate through third parties or own exclusively, currently or in the future (collectively, the “Live Stacked Mobile App”) and

 

  • Your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by Live Stacked, LLC (together with the Website and the Mobile App, collectively, the “Services”).

2. AGREEMENTS

  1. Changes to Terms and Conditions: We may at our sole discretions, make changes, modify, update, remove some part of these current Terms and Conditions. In addition, we may add Additional Terms that will be effective immediately upon posting our terms and conditions to the website.  By continuing to access the Website or Services or continuing to be a enrolled member of Live Stacked, you acknowledge and agree to such changes in Terms and Conditions and any Additional Terms.

    Modification of Services: We may at our sol discretion and without prior notice or liability, we may discontinue, modify, alter any part of the services that are being provided to you by Live Stacked. You agree that any termination or cancellation of your previous or current access to, use of any portion or all of the Services provided may occur without prior notice. In addition, you agree that we will not be liable to you or any third party for any cancellation or termination of your access and use of Service.

    We may discontinue, modify or alter any part of services provided to which includes but is not limited to:

    1) Restricting the amount of service or the amount of use permitted

    2) Restricting the time the Service(s) are available

    3) Terminating any users right to use the service(s)

    4) Changing any feature or function of the services that are being provided

3. MEMBERSHIP RENEWAL, CANCELLATION AND REFUND POLICIES

  1. A) Payments: You are responsible for the fixed and period charges and fees (this includes any prepayment plan, or recurring monthly payment plans) that you selected at the time of subscription. If applicable, taxes and other charges and fees incurred in order to access Live Stacked services may apply.
  2. B) Auto- Renewal: Your membership enrollment will be automatically extended on the monthly basis after the initial membership plan you selected has ended. Until you cancel, you are automatically charged on a monthly basis for the membership that you initially selected. As an example but not limited to, if you have paid for a 3 month Bundled Plan offered by Lived Stacked Services, after the said 3 month plan has ended, your membership will continue on a monthly basis and you will be charged the monthly membership rate set forth at the time of your initial selection.

You can cancel your monthly subscription at any time by contacting Live Stacked so that we may process your request. We will attempt to process all cancellation requests within 72 hours after we receive the request. We reserve the right to collect fees, surcharges or costs incurred before your cancellation takes effect. If you terminate your paid subscription after the billing cycle, you subscription will remain active until the end of your then-current subscription period.

  1. C) Refund Policy: Provided you are not in breach of the terms and conditions of use, we offer a full refund for those who wish to cancel services within the first 7 days of enrolling in any membership plan. If you have selected and paid for a membership plan and request a refund after the 7 days, we will offer a partial refund with

For concierge service plan, no refunds will be provided

4. THIRD PARTY ACCOUNTS AND SECURITY

After you have purchased a plan through our services, you will be required to complete a health history form and nutritional profile. You will be provided a direct and secure link to access these forms, which will require you to log into third party electronic services. The link cannot be accessed by any individual without proper electronic identification. Upon completion of forms, you will submit forms which are stored on a third party server only accessible by a Live Stacked Administrator.

As a user of the Live Stacked service, you are responsible for maintaining the confidentiality of your third party user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security and/or unauthorized disclosure of your or anyone else’s third party user account information.

5. HEALTH AND MEDICAL SERVICE DISCLAIMER

WE ARE NOT A PROFESSIONAL MEDICAL SERVICES NOR DO WE PROVIDE ANY TYPE OF MEDICAL SERVICES OR ADVICE. NO DOCTOR-PATIENT RELATIONSHIP EXISTS WHEN USING OUR SERVICES OR IN SPEAKING WITH OUR HEALTH COACHES OR ANY OF OUR LIVE STACKED SERVICE USERS.

Any and all services provided by, in and/or through Live Stacked Services are for informational purposes only. The information we provide to you through or website or coaching services should not be interpreted as a substitute for physician consultation, evaluation, or treatment..

You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning making any changes to lifestyle, physical activities or any other plans that may be referenced, discussed or offered under the Services. If you are being treated for any illness(es), taking prescription drugs or following a clinical diet to treat a disease, it is strongly advised you consult with your physician before using our Services.

You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

b. Mental Health Services: The services provided to you through our website and Health Coaches are not mental health services or therapy of any kind. The service does not provide any psychiatric, psychotherapy or mental health services and as such no diagnosis, treatment or advice regarding mental health conditions can be offered. In addition, coaching services can not be substituted as an alternative service to mental health professionals. You are advised to seek diagnosis, treatment and advice regarding any possible or existing mental conditions or illnesses from appropriate Medical Professional(s).

Live Stacked Health Coaches in the course of their practice, excluded from engaging in any type of psychological or healthcare advice for any individual. Under no circumstances will any of your interactions with any Coach or any User of the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.

6. WARRANTY DISCLAIMER

Any products, offerings, content and materials provided through Live Stacked Services or the website are provided “as is” and without warranties of any kind. Any product, content and material downloaded or obtained through the use of our service is done at your sole risk and you are solely responsible for any damage to your computer system or devices or loss of data that result from any download from our Website.

7. COOKIES

The website uses cookies to help personalize your online experience. By accessing Live Stacked, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

8. LICENSE

Unless otherwise stated, Live Stacked and/or its licensors own the intellectual property rights for all material on Live Stacked. All intellectual property rights are reserved. You may access this from Live Stacked for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Copy or republish material from Live Stacked
  • Sell, rent, or sub-license material from Live Stacked
  • Reproduce, duplicate or copy material from Live Stacked
  • Redistribute content from Live Stacked

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Live Stacked does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Live Stacked , its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Live Stacked shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Live Stacked reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Live Stacked a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

9. HYPERLINK OR CONTENT

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law, and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Live Stacked ; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Live Stacked . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Live Stacked ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.

10. CONTENT LIABILITY

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

11. RESERVATION OF RIGHTS

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

12. REMOVAL OF WEBSITE LINKS

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

13. DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.