THIS SITE IS PROVIDED BY LUCID WELLNESS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. LUCID WELLNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LUCID WELLNESS SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LUCID WELLNESS SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUCID WELLNESS DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY. WITHOUT LIMITING THE FOREGOING, LUCID WELLNESS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE LUCID WELLNESS SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE LUCID WELLNESS SITES, THAT YOUR USE OF THE LUCID WELLNESS SITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN RELIANCE UPON THE INFORMATION AND CONTENT FOUND ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A PROBLEM WITH THE SITE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LUCID WELLNESS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, REPRESENTATIVES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, IN CONNECTION WITH, OR RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE LUCID WELLNESS SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LUCID WELLNESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND APPLICABLE LAW, IN NO EVENT WILL LUCID WELLNESS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, REPRESENTATIVES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES EXCEEDING THE LESSER OF $1,000 OR THE TOTAL FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE LUCID WELLNESS SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
LINKS TO THIRD-PARTY WEB SITES
The Site contains content provided by third parties and links to other sites operated by third parties (“Third-Party Site(s)”). We have no control over Third Party Sites. These links are available for your convenience and are intended only to enable access to the Third-Party Sites and for no other purpose. It is within your discretion as to whether or not to utilize any such third party information or Third Party Site. Lucid WELLNESS assumes no responsibility for and does not warrant or make any representation about the substance, quality, functionality, accuracy, adequacy, reliability, fitness for a particular purpose, merchantability or any other characteristic of any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the Lucid WELLNESS Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. Lucid WELLNESS shall not be liable for any viruses, malware, actions, omissions, events, or transmissions occurring within a Third Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from those of Lucid WELLNESS. Please verify the trustworthiness of any third party with whom you choose to interact and review the conditions of use and privacy policy for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
EXPORT
Certain software or other materials (“Software”) that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
SECURITY
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer. If you discover or believe that there has been unauthorized access or use of your account, you should contact us immediately. We have no responsibility for any activities that occur under your account and password, and you shall release and hold us harmless from any fraudulent, unauthorized, or otherwise improper use of your account information. You may not use the Site or our products for statistical, commercial, or unlawful purposes. Activities including, but not limited to, tampering or interfering with the Site whether through the use of any device, software or routine, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data or any portion of the Site not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with the Site or service to any user, host or network, including without limitation via means of submitting a virus, worm, defect, Trojan horse, trap door, back door, malicious code or other destructive item to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (g) transmitting any hidden content, using any data mining or information collection or extraction tools; (h) inlining, deep linking, phishing, utilizing SQL injection, or cross site scripting; or (i) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Lucid WELLNESS, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers. As a user of the Site, you waive any right to claim nominative and/or fair use in connection with any infringement action brought by or on behalf of Lucid WELLNESS.
APPLICABLE LAW/DISPUTES AND CLAIMS
This Site is created for use solely within the United States of America. Use of the Site in contradiction of applicable United States law is strictly prohibited. These Conditions of Use shall be construed, enforced and governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws that may impose the laws of any other jurisdiction. If there is any dispute concerning the Conditions of Use or related to the Site, the parties to the dispute shall negotiate in good faith to resolve the dispute. If the parties cannot reach a resolution, they will submit such dispute promptly to mediation. Such mediation shall be held in Dallas County, Texas. Any dispute that cannot be resolved through mediation shall be resolved exclusively within the federal or state courts within Dallas County, Texas. As a user of the Site, you submit to the exclusive and personal jurisdiction of such courts and hereby waive any claim that such jurisdiction or venue is improper or inconvenient. Further, any claims arising in connection with your use of the Site must be brought within one (1) year of the occurrence of the event giving rise to such action or they shall be forever barred. Your remedies under these Conditions of Use are exclusive and are limited to those expressly provided for herein.
TERMINATION OF USE
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice. Any violation of these Conditions of Use automatically terminates your permission to use this Site.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Lucid WELLNESS and its affiliates, employees, directors, officers, owners, representatives, agents, vendors, suppliers, and each of their successors and assigns from and against any and all claims, liabilities, demands, losses, damages, costs, and expenses, including attorneys’ fees and expenses, arising from or related to your use of the Lucid WELLNESS Site or any breach by you of these Conditions of Use or applicable law.
SHIPPING
The cost of shipping and handling will be the responsibility of the customer. A shipping amount will be added to your order at checkout based on the anticipated cost to ship the product to you. Should an error occur when calculating your shipping cost during checkout, Lucid WELLNESS reserves the right to make any necessary revisions to the shipping amount or to cancel your order.
Lucid WELLNESS will ship orders usually by UPS Ground. Lucid WELLNESS will also make an effort to contact customers who place significant orders that may be delivered via LTL (Less Than Truckload) should the customer have a shipping/receiving dock to inquire which method the customer would prefer (i.e. UPS Ground or LTL).
Lucid WELLNESS cannot ship to: PO boxes, APO/FPO (military addresses), or anywhere outside the continental U.S.
No Third Party Beneficiaries
No third party beneficiary rights are conferred by these Conditions of Use.
QUESTIONS/COMMENTS/NOTICES
Questions and comments should be directed to Lucid WELLNESS through the “Contact Us” page. Formal notices to Lucid WELLNESS should be sent via certified mail and/or nationally recognized courier service to: 14301 FAA Blvd. Suite 105, Ft. Worth, TX 76155. Lucid WELLNESS may provide notices to Site users by posting the notices on the Site, via e-mail, or other electronic transmission, if applicable. You agree to receive notices electronically, and any notice provided to you in electronic format shall satisfy any requirement that notice be provided in writing.
GENERAL
These Conditions of Use represent the complete agreement between the parties and supersede and merge all prior or contemporaneous understandings, agreements and representations between them, whether written or verbal. Headings used in these Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Conditions of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of these Conditions of Use shall remain in full force and effect. The failure or delay of Lucid WELLNESS to act with respect to a breach of these Conditions of Use by you or others does not constitute a waiver and shall not limit Lucid WELLNESS’ rights with respect to such breach or any subsequent breach.
These Conditions of Use are effective as of April, 1 2020.
