By accessing, using, or viewing Lyon Lifestyle, LLC's ("Lyon Lifestyle") website (the "Site") or any of its services, functions or contents, you agree to each of the following terms, conditions and notices which govern your of use of the Site.
The Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Lyon Lifestyle has been granted. You agree that you will not use any robot, spider, other automatic devices or manual processes to monitor or copy the Site or any contents or information contained therein, unless you obtain prior express written consent from Lyon Lifestyle, which may be withheld in its sole and absolute discretion. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Lyon Lifestyle or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Lyon Lifestyle or cause Lyon Lifestyle to lose (in whole or in part) the services of any of its contracting parties.
You acknowledge and agree that you have read and consent to the terms of Lyon Lifestyle's Privacy Policy, which is incorporated by reference herein.
All of the content you see on this Web site, including, for example, all of the page headers, images, pictures, illustrations, graphics and text (hereinafter collectively referred to as the "Content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lyon Lifestyle and/or by one of its affiliates or by third parties who have licensed their materials to Lyon Lifestyle. The entire Content of the Site is copyrighted as a collective work under U.S. copyright laws, and Lyon Lifestyle owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of the Site. You may download, print and store selected portions of the Content, provided that you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Lyon Lifestyle reserves complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written consent from Lyon Lifestyle, which may be withheld in its sole and absolute discretion.
We welcome your feedback regarding Lyon Lifestyle as well as the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Lyon Lifestyle shall be and remain the exclusive property of Lyon Lifestyle. Your submission of any such Comments shall constitute an assignment to Lyon Lifestyle of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lyon Lifestyle will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork.
This Site and all contents of this Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge and agree, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Lyon Lifestyle shall not be liable for any damages of any kind related to your use of the Site.
You acknowledge and agree that Lyon Lifestyle has not provided you with any medical advice, diagnosis or treatment and shall not and cannot, under any circumstances whatsoever, provide you with any medical advice, diagnosis and/or treatment. You also acknowledge and agree that Lyon Lifestyle's Custom Lifestyle Program is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand and agree that you should you seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical conditions, and that you should immediately contact 911 in the event of a medical emergency. You further acknowledge, agree and understand that you have not been told by Lyon Lifestyle to discontinue treatments with any medical specialists or health care providers, and that Lyon Lifestyle and its members, officers, employees, and agents are not medically trained, may make no medical judgments and/or provide any medical advice, diagnosis and/or treatment and cannot and will not provide medical care.
While we will make every effort to keep content on this site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information regarding Lyon Lifestyle, its operations, programs, and other matters, please contact Lyon Lifestyle through the corporate contact information provided on this site.
The site is presented "AS IS." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree that no claims or actions arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to indemnify and hold Lyon Lifestyle and its members, subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third party. Lyon Lifestyle's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site or these terms and conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of New York.
You acknowledge and agree that any and all disputes by and between you and Lyon Lifetyle shall be subject to mandatory binding arbitration under the Streamlined Arbitration Rules of JAMS, The Resolution Experts, by one arbitrator selected and appointed in accordance with said rules. Any such arbitration shall be held in New York City, governed by New York law. The prevailing party in any such arbitration shall be entitled to recover from the other party all fees and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection with such arbitration; additionally, the arbitrator shall determine as part of its award the responsibility among the parties for payment of the arbitrators' fees and expenses. By agreeing to this mandatory broad arbitration provision, you and Lyon Lifestyle acknowledge and agree that each are waiving any rights to a trial by jury or judge.
Lyon Lifestyle may at any time amend, modify or supplement any terms and conditions applicable to the Site, and your continued use of the Site will constitute your acceptance of any such amendment, modification, or supplementation. You acknowledge, agree and understand that Lyon Lifestyle shall not, under any circumstances, render any consulting or other services to you including, without limitation, an Initial Consultation, unless and until you have reviewed and executed Lyon Lifestyle's Fee, Payment and Consultation Terms and Conditions and Waiver of Liability and Assumption of Risk Agreement, and such other agreements and/or other documentation as Lyon Lifestyle, in its sole and absolute discretion, shall require.