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SITE TERMS OF USE

Last Updated: 7/15/22

BeAlive, Inc. (“we”, “us”, or “our”) operates the gobealive.com website (the “Site”).  These Site Terms of Use (these “Terms”) apply to the Site and to any other website or application offered by us that references or links to these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

These Terms constitute an agreement between us and you. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO AGREE TO THESE TERMS AND THAT YOU DO AGREE TO THESE TERMS.  THESE TERMS INCLUDE PROVISIONS RELATING TO WARRANTY DISCLAIMERS, AND CERTAIN EXCLUSIONS AND LIMITATIONS ON OUR LIABILITY. If you do not agree to these Terms, or if you are not legally competent to agree to them, then you may not use the Site or any services offered on the Site.

Privacy.

Any personal information submitted to the Site is subject to the terms of our Privacy Policy, incorporated herein by reference.  Please review our Privacy Policy, which describes how we collect, store, and use information about our users.

Changes.

We reserve the right, at any time, to change these Terms. Your continued use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as revised. The revised Terms supersede all previous versions, notices or statements regarding the Site. Please check these Terms periodically for updates.

User Accounts.

If you register an account on the Site (an “Account”), you: must not allow any third party to access the Site or your Account using the email address and password (“Login Credentials”) you provided during the registration process; are prohibited from using anyone else’s Login Credentials and password to access the Site or your Account; are responsible for any use of your Account by any third party who accesses the Site or your Account using your Login Credentials and/or password, including any and all purchases made under your Account (whether authorized by you or not); will notify us immediately if you suspect any unauthorized use of your Account or of your Login Credentials; and are responsible for ensuring that any information that you provide to us as part of the account registration process is truthful, accurate, complete, and is kept up to date at all times, and you will notify us immediately of any changes to this information. We are not responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Site if your failure to keep your account information secure and confidential results in someone else’s use of your Account or account information.

Order Acceptance.

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. We reserve the right, without prior notification to you, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of the Site. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Prices and Product Descriptions.

We attempt to be as accurate as possible.  We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of any Site or product listing is accurate, complete, reliable, current, or error-free.  Certain weights, measures, and related descriptions are approximate and are provided for convenience purposes only.

We attempt to display as accurately as possible the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Products displayed may be out-of-stock or discontinued, and prices are subject to change. BeAlive is not responsible for typographical errors regarding price or any other matter.

With respect to items advertised on the Site, we cannot confirm the price of an item until you place your order.  Some items on the Site may be mispriced, despite efforts for accuracy.  If the correct price of an item is higher than the displayed price, we, as our discretion, may either contact you for instructions before shipping, or cancel your order (without charge to you) and notify you of such cancellation. If an item’s correct price is lower than the displayed price, we may refund you the difference to reflect the lower amount and ship you the item.

User Transactions.

You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information.  Any payment information entered on the Site information is sent to our third-party payment processor and not to us.  By placing an order on the Site, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor.

We accept U.S. based cards, including credit, debit and gift cards and payment methods managed by one of the following: Visa, Mastercard, American Express, Discover, PayPal.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD(S) USED IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THE SITE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF A LEGAL ENTITY.

Risk of Loss.

All purchases of items on the Site are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon delivery to the carrier or shipper of such items. We are not responsible for lost or stolen packages.

Shipping; Cancellations; Return Policy.

Shipping.

At this time, we will only ship products ordered on the Site to United States postal addresses in one of the fifty United States and the District of Columbia (no PO boxes). At this time, we do not ship products to Puerto Rico, Guam, or military bases or anywhere else outside the fifty United States and the District of Columbia.  When completing an order, you are responsible for entering an accurate address for delivery. Once an order has shipped, we are not responsible for lost or stolen packages confirmed to be delivered to the address as entered for the order. Please contact the carrier for any information regarding the delivery.

Cancellations.

You may cancel an order before we have packed or staged the order for shipping. If you make a purchase through a retailer, then please contact the store you purchased from for a return or exchange.  We are unable to provide a return or exchange for a purchase made through a retailer.

Returns and Refunds.

You can return your product for store credit, a different product, or a refund to the original payment method. Please note the following exceptions and conditions to our return and refunds policy: Discounted items are final and cannot be returned or exchanged; returned items must have tags still on and follow all instructions provided in our returns claim process; and returned items must have no visible signs of wear or use.

To initiate a return, please complete the following steps: Reply to your order confirmation email to request which products you would like to return; print the prepaid return shipping label that you will receive by email; and send all items back to us using the label provided.

Damaged or Defective Products.

If you make a purchase through the Site and you believe you have received damaged or defective products, then please contact us at shop@gobealive.com.  Please retain all packaging and products you have received; you may be asked for more information to process your request.

Intellectual Property Rights.

The Site contains valuable trademarks and service marks owned and used by us and our affiliate companies (collectively, “Our Marks”). Any use of Our Marks for any commercial purpose without our express prior written permission is strictly prohibited. The arrangement and layout of the Site, including but not limited to, Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, product descriptions, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of us or our licensors, or other suppliers. You agree not to use the Site Content in any manner that is likely to cause confusion among customers, that disparages or discredits us and/or our licensors or other suppliers, that dilutes the strength of our or our licensors’ or other suppliers’ property, or that otherwise infringes or misappropriates our or our licensors’ or other suppliers’ intellectual property rights. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE FOR COMMERCIAL USES IS STRICTLY PROHIBITED.

We may use a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and/or content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us, but which appear on the Site, are the property of their respective owners.

User-Generated Content.

From time to time, the Site may permit the submission of content, such as comments, reviews, or other content generated by you and other users (“User Content”). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant that: (i) your User Content does not violate, infringe, or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize us to use, copy, or reproduce your User Content as set forth in the paragraph below, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate our Acceptable Use Policy set forth below.

As between you and us, you will retain all of your ownership rights in and to your User Content. By submitting User Content, you hereby grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that we (or our successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Site a non-exclusive license to view and access your User Content through the Site, to the extent permitted by the Site under these Terms.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. Site visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of BeAlive. We reserve the right but is not obligated to monitor User Content or other content sent to or through the Site. We have the right (but not the obligation) to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Site for any reason – at our sole discretion. We take no responsibility for User Content.

Acceptable Use Policy.

By submitting User Content and otherwise using the Site, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant us all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Site to harm any person or entity, including us; (iv) impersonate any person or entity, including but not limited to, a representative of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) e-mail any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Site without their consent; (x) use the Site (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Site in any manner that could overburden or impair any of the Site or the networks or systems connected to the Site; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. In addition, you agree that you will comply with all applicable laws that relate to your use of or activities in connection with the Site. You also agree that you will not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you so notify us, or we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Feedback.

We welcome your feedback, testimonials, comments, ideas and reviews about the Services (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, such Feedback shall be deemed to be non-confidential, and you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.

Links to Other Websites.

The Site may contain links to third-party websites (“Other Sites”) that are not under our control. We make no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site or link to the Site. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices.

You are responsible for any fees, including, without limitation, internet access fees and mobile data fees, that you incur when using the Services. You understand that by accessing or using the Services via your mobile device that you are responsible for any and all service fees associated with such mobile access, including, without limitation, all applicable data fees, and for complying with all terms of use imposed by the mobile carrier.

Notice to California Residents.

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, we provide users of the Site with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Communications with Us.

For all communications made to or with us, including but not limited to feedback, questions, comments, suggestions and the like, except as otherwise set forth under applicable law: (i) you will have no right to confidentiality in your communications, and we will have no obligation to protect your communications from disclosure; (ii) we will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) we will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Legal Notices & Electronic Communications.

Except as explicitly stated otherwise, any notices you send to us shall be sent to: shop@gobealive.com.

In the case of notices we send to you, you consent to receive notices and other communications by our: (i) posting notices on the Site, (ii) sending you an email at the email address listed in your profile in your Account, or (iii) mailing a notice to you at your billing address listed in your profile in your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

Indemnity.

You agree to indemnify and hold us and our parents, affiliates, agents and licensors, and each of their respective employees, officers, and directors or third parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, including any User Content you submit, post to or transmit through the Site, (ii) your violation of these Terms, or (iii) your violation of any rights of any third party or other Site user.

Disclaimer of Warranties.

ALL GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR AS TO THE GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE, UNLESS SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, OR COMMUNICATIONS SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability.

TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL WE OR OUR PARENTS OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES CONTAINED THEREIN ON THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of actual damages in dispute, not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $100.

Termination.

Your ability to access and use the Site remains in effect until terminated in accordance with these Terms. You agree that we, in our sole discretion, may terminate your Account and/or your use of the Site and may remove and delete your User Content if we believe that you have violated or acted inconsistently with these Terms or for any other reason in our sole discretion. We also may in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that we may bar any further access to the Site. Further, you agree that we will not be liable to you or any third-party for any termination of access to the Site. The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.

Force Majeure and Outages.

Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control, shall not be deemed a breach of these Terms. We periodically schedule system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Site for any reason; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.

Jurisdictional Issues; Export Regulation.

The Services are operated out of the United States. We make no representation that the Services or content or information available via the Services, are appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. The Services may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations.

Governing Law and Venue.

These Terms and the relationship between you and BeAlive will be governed and construed in accordance with the laws of Michigan, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of Midland, Michigan.

Entire Agreement; Severability; No Waiver; Assignment.

These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and BeAlive regarding the Services. Neither the course of conduct between us nor trade practice shall act to modify these Terms. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by BeAlive without restriction. Any purported delegation, transfer or assignment by you shall be null and void

Violations.

Please report any violations of these Terms by contacting us at wild@gobealive.com.

Questions?

If you have questions, comments or complaints about these Terms or the Site, please contact us at wild@gobealive.com.