Terms of Use

Welcome to MoveItGear. Our website is http://moveitgear.com. Please read these terms of use (“Terms”) carefully before using the Website. These Terms govern and apply to all persons who access and use (“Users” or “You”) the MoveItGear website and related services (“Website,” “Site,” “App,” or “Services”). MoveItGear is a Trademark and Service of Live Well Stores, Inc. (“Live Well Stores” or “We”). These Terms are a contract between the Users and Live Well Stores. These Terms apply only to your use of the MoveItGear Services, and do not apply to any other service unless otherwise indicated. By accessing or using the Services, You acknowledge that You have read these Terms, understand them, and agree to be bound by the Terms and Conditions described herein, including MoveItGear’s Privacy Policy. If You do not agree to all of these Terms and Conditions, please do not use our Services.

MoveItGear is a Marketplace Connecting You to Various Third Party Sellers

MoveItGear acts as a marketplace, or venue, that allows Users who comply with MoveItGear's policies to sell and buy certain goods and services within a fixed-price format. Stores within the MoveItGear marketplace are independent businesses, and Live Well Stores is not directly involved in the transaction between buyers and sellers who use MoveItGear. As a result, Live Well Stores has no control over the quality, safety, morality, or legality of any items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. Live Well Stores does not pre-screen users (except for services that require an application) or the content or information provided by Users. Live Well Stores cannot ensure that a buyer or seller will actually complete a transaction, and We do not transfer legal ownership of items from the seller to the buyer.

Because each store on MoveItGear is unique, policies, payment methods, processing times, and shipping methods will vary from store to store. Buyers must consult each individual seller’s store policies before making a purchase.

By using the Services, You agree that MoveItGear is a venue and that We are not responsible or liable for any content, such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by You, other users, or outside parties on MoveItGear. You use the MoveItGear Services at your own risk.

Rules and Conduct of Users

1. User must be at least 18 years or older to use these Services.
2. User is responsible for any activities, including purchases, that occur under their account.
3. User is responsible for conduct and any data, text, information, screen names, and profiles ("Content") that are submitted to the Website or App.
4. User is responsible for securing account password and assumes liability for all activity and damage resulting from misplaced passwords.
5. User may not use the Services for any illegal or unauthorized purposes.
6. User may not impersonate another person or represent itself as affiliated with MoveItGear’s staff.
7. User may not interfere with a seller’s business or store.
8. User may not contact a seller and suggest that an order transaction be completed outside of MoveItGear (for example, in the event that You have a suspended or terminated account). Live Well Stores does not protect transactions that are completed outside of MoveItGear.
9. When placing an order, User must make payment in full. User may not offer to a seller to pay for a product or service in installments.

This list is an example and is not intended to be complete or exclusive. Live Well Stores does not have an obligation to monitor your access to or use of the Services or to review or edit any information provided by the User. However, we have the right to do so for the purposes of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

General Terms

1.You may not copy, modify or create derivative works of any Content on the Website or App, unless expressly authorized by Live Well Stores.
2. You may not disassemble, decompile, or reverse-engineer MoveItGear or modify another website, application, or product offering so as to falsely imply that it is associated with MoveItGear.
3. You may not transmit any worms or viruses or any code of a destructive nature.
4. You may not, in the use of the Services, violate any laws in your jurisdiction.
5. You may not access MoveItGear's private API by any means other than the official Services.
6. You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
7. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from MoveItGear including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
8. Violation of this agreement can result in the termination of your MoveItGear account. We may also remove Content, warn MoveItGear’s community of a User’s actions, issue a warning to a User, temporarily or indefinitely suspend a User’s account (including any usernames under which that person operates on MoveItGear), prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide the Services to a User if We believe that the User is acting inconsistently with the spirit of MoveItGear’s policies, that the User has engaged in improper or fraudulent activity in connection with MoveItGear, or that the User’s actions may cause legal liability or financial loss to MoveItGear’s Users or to MoveItGear.
9. You also agree to indemnify and hold Live Well Stores harmless as indicated in the indemnification section below.

General Conditions

1. We reserve the right to refuse service to anyone, for any reason, at any time.
2. MoveItGear's Services are not available to Users who have temporarily or indefinitely suspended accounts. Live Well Stores further reserves the right, in its sole discretion, to cancel unconfirmed or inactive
accounts.
3. We are not responsible for colors that vary from one screen to another of any digital device.
4. In the event of any inaccuracy or typographical error relating to an item or service’s description, price, offer, photograph, or availability, Live Well Stores reserves the right to update, change, or cancel the order.
5. You are responsible for paying all applicable taxes.
6. MoveItGear does not guarantee continuous access to the Site, and operation of the Site may be interrupted by numerous factors outside of MoveItGear's control.
7. You are also subject to our Buyer Guidelines and Seller Guidelines, if applicable to your use of the Services.

Return Policy

MoveItGear’s standard return policy is described below. We require that all stores that conduct business on the MoveItGear Site honor our return policy, unless they explicitly state their own return policy. Return policies may vary from store to store in the MoveItGear marketplace. See each store’s page for more details on its return policies. Each product page also lists any product-specific shipping information for that product. When returning an item, Users should follow the individual store’s return policy, if there is one, or the one detailed here only if no other return policy is stated. If any individual store’s return policy is unclear or if any specific aspect of the return policy is not addressed, our standard return policy will be the default return policy.

By purchasing an item, User agrees to our return policies or those of the individual store from where the User purchased the good(s) or service(s). Users further agree that they have read the full description of the product or service, and viewed all available photographs. If You have any additional questions about an item or service, please use the Question System to contact the individual store before placing an order.

Standard Terms and Conditions for Returns:

1) Returns of most products can be made for any reason and within 30 days of purchase, unless otherwise stated on the product page. The returned product must be in brand new, unused, and resalable condition in the original packaging. The returned item must be in the possession of the receiving warehouse within 30 days for the return to be made within the 30-day deadline. For all returns, you must request a Return Merchandise Authorization (RMA), which will specify to whom You should return the product.
2) The following types of products may NOT be returned:
a) Opened or used items
b) Customized or made-to-order products
c) Lessons, classes, rentals, and related services
d) Gift cards
e) Final sale and similarly marked items. Review any such disclaimers on the product page.
f) Furthermore, any returns made after 30 days of purchase will not be accepted.
3) Otherwise, the return process is as follows: For all returns, You must request a Return Merchandise Authorization (RMA) through your MoveItGear online account.
4) You must wait for receipt of the RMA. There is no guarantee that your return will be processed if any returned items are shipped without an RMA. The address on the original shipping label may not be the proper location for return processing. Live Well Stores is not responsible for any losses due to an item being shipped to an unapproved location without an approved RMA.
5) Returned items must be accompanied with any original purchase order receipt that came with the item and shipment. Returns will be refused for any items that have been opened, used, and/or if the item is in a different condition than how it was sent. Returned items will be inspected, and We reserve the right to deny any item request (e.g., refund, exchange) based on the returned condition. If the return is rejected based on the returned condition, You have two options:
a.i) We can ship the item back to You if You pay for outgoing shipping, or
a.ii) We will otherwise keep the returned item if You decline to pay for outgoing shipping. However, You will not be entitled to a refund.
6) Repackaging: You are responsible for repacking any returned item in its original packaging if available or in a manner in which damage to the item will not occur. Live Well Stores is not responsible for any costs incurred with repackaging, and if Live Well Stores determines the item was damaged because it was insufficiently or incorrectly repackaged, we reserve the right to refuse the item, or to deduct the cost of damage (up to full price of the item) due to insufficient or incorrect repackaging.
7) If Live Well Stores approves your return, You will be issued a refund. Refunds cannot be made until the receiving warehouse receives and processes the return. Outgoing and return shipping charges will be deducted from the return amount for all returns, unless otherwise specified. Some products carry a restocking fee (typically up to 20%) or in some cases may not be returned at all. Any return restrictions or applicable restocking fees are stated directly on the product page. For any unapproved returns, no refund will be issued, and You will be responsible for both outgoing and return shipping costs. Live Well Stores is not responsible for any lost, damaged, or stolen items during the return shipping.
8) Incorrect Shipment: If in the unlikely instance You receive an item You did not order and You choose not to have the correct item sent, We will issue You a full refund, including shipping costs via the method You made payment. You must return the incorrect item to us by using the return shipping label that We provide to you; You will not be charged for returning the incorrect item to us.
9) Damaged Products or Missing Parts: If your order is damaged during shipment, defective, or missing parts, please email us with a clear image of the damaged or defective product or a description of the missing parts within 30 days of your order. We will ship You replacement parts immediately where possible.
a.i) In the rare case where a product cannot be repaired, You will not be responsible for shipping charges nor any restocking fees. Please email contact us for a Return Merchandise Number.
a.ii) In the case of a shipment containing a damaged product you should first contact the individual store where you made your purchase since all items ship directly from sellers.
10) Lost Shipments: A refund cannot be made for lost shipments until an investigation by the shipping or freight company is complete. A refund for lost shipments is contingent upon the decision of the shipping or freight company. After We receive verification that your package was lost, We can issue You either a replacement at no additional cost or a full refund.
11) Product Warranties and Workmanship: Any warranty issues are to be handled by the product manufacturer, subject to their warranty terms, which may be listed on the product page. If the warranty information is not provided on the product page, You are responsible for educating yourself through other means of the warranty before using the product. If You require repairs that must be done by the manufacturer, please contact the product manufacturer directly to resolve product issues. You may return any products within our standard 30-day return policy. All warranty issues beyond 30 days are subject to each individual manufacturer’s policies. Live Well Stores does not make any guarantees of workmanship or minimum warranty period.
12) If You and Live Well Stores agree to a refund, store credit, or complimentary product or service, You agree to accept the product as is and to waive any further claims.
13) If You have a problem with a store’s return policy, You can open a case with our MoveItGear Trust & Safety Team.

Pricing, Image, and Product Description

Live Well Stores is not responsible for pricing or product description discrepancies, including incorrect images.

Pricing changes from time to time. In the case of incorrect pricing, We will refund your purchase immediately if We are unable to fill your order. We try to ensure accurate pricing at all times. However, We may not be able to honor your order at a lower price.

On some product pages, images show multiple items. Please refer to the product’s description to determine which items are included in the order. The product name and description describe the product, not the image. Items shown in the image for decorative, display, or other purposes do not indicate that those items are included with the purchase.

There may be some products that are one-of-a-kind or unique items. Such items may be unique in color, size, and construction. These items are noted on the product page as one-of-a-kind or unique or a synonymous term. We cannot guarantee a specific color, size, or construction when products are noted as such. In the event that You return a one-of-a-kind or unique item, outgoing shipping fees, return shipping fees, and applicable restocking fees are deducted from the refund amount.

Discounts and Price Matching

MoveItGear offers occasional discounts and promotional offers. Such advertised discounts and offers may not be applicable to certain brands or products and are subject to change at any time.

At our discretion, Live Well Stores will match prices from authorized dealers. A price will be matched only from major online retailers. The price to be matched must include the shipping incurred when shipping and all extra costs are calculated into the purchase. The product must be in stock and ready to ship from the Retailer. Any incorrect or unauthorized pricing may not be matched. We reserve the right to refuse to match pricing and not lose money on any given order.

To submit a price match request, please contact us.

Backorders

Stores within the MoveItGear marketplace are required to make a good faith effort to ensure that the products You order are ready to ship within the stated timeframe, but occasionally products will be on backorder. In order to hold a backordered item, You must place an order by using a valid method of payment, such as a credit card. Your credit card is only charged when the product is confirmed as available for shipment. However, if You decide to cancel a backordered item, your credit card will not be charged. If You do not receive a shipment confirmation or communication from the store within the specified time frame, please use the Question System to ask the store for a shipment status. Under no circumstances does Live Well Stores make any guarantees about the availability of a backordered item.

Lessons, Classes, Rentals, and Related Services

In addition to products, MoveItGear offers various lessons, classes, rentals, and related services. If purchasing a service, You may be required to enter into a separate agreement with the store that offers the service. Many of the services are offered in a specific location; check the zip code on the product page or contact the store for more information. For any of the services You purchase on MoveItGear, You agree that You engage in these activities at your own risk. MoveItGear is not liable for the content or quality of these services.

Lessons

If purchasing a lesson, You agree that You (or the recipient of the lesson) have a basic level of skill required to participate in the activity (e.g., if you purchase surfing lessons, that means you know how to swim). Furthermore, We do not guarantee that You will improve your ability or skill level after any particular lesson.

Rentals

Any equipment that You rent is the sole property of the store or entity from whom You rent. You agree to use the equipment in a good and careful manner and comply with all of the manufacturer’s requirements and recommendations regarding the equipment. You also agree to use the equipment for the purpose for which it was designed and not for any other purpose. You further agree to abide by any applicable law, whether local, state, or federal, when using any rental equipment. If You rent equipment that becomes either lost or damaged due to acts or omissions on your part, You will be liable for repairing the equipment or replacing it if repair is not possible. MoveItGear is not responsible for injury to person or property or for death in conjunction with your use of any rental equipment.

At your own expense, You agree to keep the equipment in good repair, appearance, and condition, normal and reasonable wear and tear excepted. Unless You obtain the prior written consent of the store, You agree not to alter, modify, or attach anything to the equipment unless the alteration, modification, or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.

Any rental equipment must be returned at a date and time specified by the store. You may incur late fees for returning any equipment after the specified date and time. A deposit may need to be paid before any equipment can be rented out. Contact the store via the Question System if you would like more information.

Cancellation

Per our return policy, lessons, classes, rentals, and related services are not returnable, and are thus nonrefundable. If You need to reschedule the time of a service that you purchased, contact the store and they may be able to help you.

Questions

If You have a question about an item, a service, or an order, You should contact the store directly using the Question system. Here are some types of questions that You may consider asking, if You are unsure from the listing:
1. What is the geographical region for a lesson or rental?
2. Do I have to pick up the item? What is the location of the pickup?
3. For a lesson, what can I expect to learn? Is there a prerequisite skill level required in order to take the lesson?

Standard Shipping Policy

MoveItGear’s standard shipping policy is described below. We require that all stores that conduct business on the MoveItGear Site honor our shipping policy, unless they explicitly state their own shipping policy. Each store on MoveItGear is an independent business or individual, and shipping policies may vary from store to store in the MoveItGear marketplace. See each store’s page for more details on its shipping policies. Each product page also lists the store's shipping policy, as well as any product-specific shipping information for that product. Users should follow the individual store’s shipping policy, if there is one, or the one detailed here only if no other shipping policy is stated. If any individual store’s shipping policy is unclear or if any specific aspect of the shipping policy is not addressed, our standard shipping policy will be the default shipping policy.

Once shipment has been processed, neither We nor the Store can change or cancel an order in any way, including changing the address originally supplied with order.

Shipping Timeframe

Each product page lists the expected shipping turnaround time or the expected ship date. Shipping turnaround time is the expected number of business days (excluding holidays) from date of order to date order leaves warehouse, not including the day of order. Examples:
        Usually ships within 1 to 3 business days
        Usually ships within 3 to 5 business days  
       Expected to ship around June 3, 2016 to June 5, 2016

Your estimated arrival date will vary depending on your location, location of shipping warehouse, shipping method (UPS, FedEx, USPS, or freight carrier), and other factors, such as weather and vendor operational delays. Please note that if your contact information is incorrect or if You are unreachable by phone, this may further delay shipments.

Standard delivery does not guarantee arrival by a specific date, even if specified by freight or shipping companies.

Some items may require additional information to be provided, in order to process your order. We will contact you by email to request any additional information required, which may result in additional processing time if a response is not received in a timely manner.

Domestic and International Shipping

Products on MoveItGear are shipped to the 50 U.S. states and the U.S. territories. Currently, we do not allow online checkout to a non-U.S. address. If you would like for a product to be shipped to an international destination, please contact us and we may be able to help You. Otherwise, You may have the product sent to a U.S. location, after which You will be responsible for arranging transport to an international location.

Free Shipping

Free shipping is available for some, but not all, products. Policies vary from store to store. Products shipped to Hawaii, Alaska, or U.S. territories are not eligible for free shipping. All shipping policies are subject to change. Please use the Question System for a shipping quote to Hawaii, Alaska, or any U.S. territory.

Some addresses may not qualify for free shipping, usually to locations that are difficult to reach. If your shipping address does not qualify for free shipping, we will contact you by email for an alternative business address or more accessible shipping address. If you do not have an alternative address, You may choose to cancel the order or pay additional shipping fees for delivery.

Standard Shipping

Products are usually shipped by UPS Ground or FedEx Ground shipping. Products may occasionally be shipped by other carriers, such as USPS or DHL. Warehouse turnaround time from order date to shipment date for each product is listed on every product page.

Please allow up to 5 to 7 business days from time of shipment to receive your package. A tracking number will be sent to You when your order has shipped. If You purchase multiple products, You may receive products in separate shipments, though stores will attempt to ship products together whenever possible. A signature may be required for delivery, depending on the value of the product. If you do not receive your order within this timeframe, please use the Question System to ask the store about your item’s shipping status.

We ship orders to the address You provide at checkout. Any additional cost for upgraded shipping is the buyer’s responsibility.

Expedited Shipping

If You require expedited shipping, please contact the store via the Question System. Your order can be shipped using a faster delivery service, for an additional charge.

Freight

Large or bulky products must ship by freight truck (LTL).

You are required to provide a phone number for all orders that must be shipped by freight. The carrier will contact You to arrange delivery. If customer cannot take delivery immediately or the customer cannot be reached due to incorrect contact information or other reasons, freight carrier may charge storage fees. Customer is responsible for payment of these fees. If shipment is returned due to no fault of Live Well Stores, customer is responsible for return fees.

You are responsible for removal of the product from the truck, unless an upgraded freight option is purchased. We recommend having friends or family to help. Usually, there is only one freight driver with your delivery, and it is up to the discretion and capability of the driver whether they can help You with transport further. A liftgate may be included at our expense for very heavy items, but this is solely at our discretion. Cost of any additional services added at the time of delivery with customer's approval are responsibility of the customer and may be charged to customer's payment method on file.

Some residential locations may not be accessible by freight truck, such as narrow roads, unpaved roads, steep roads, or particularly winding roads. Furthermore, delivery via freight may be difficult if You live in an apartment or condo building, have any number of stairs, or difficult to deliver locations. In such cases, You would have to: a) meet the truck driver at an accessible location, b) pick up the delivery at a local freight terminal, or c) pay additional fees for delivery to your driveway or front door.

When You receive your delivery by freight truck, please inspect the box and inside contents to ensure there is no damage. In the rare case there is damage to the inside contents, please sign for the board as Damaged and make note of the damages on the Bill of Lading. If necessary, We will arrange for a replacement to be sent to You at no additional cost. The delivered items MUST be signed for as Damaged, otherwise a claim for a replacement or refund cannot be placed.

Depending on freight carrier, your location, and the location of the warehouse, freight by LTL make take up to 3 weeks. Furthermore, shipping weights and dimensions provided by manufacturers are often approximate. Actual shipping costs will be calculated at the time of forwarding. Please use the Question System to contact the store if You have any questions about transit time or would like a more accurate shipping quote.

Please note: policies for replacements due to damage vary from store to store, so please be sure to review the store's policies before placing your order. If You conduct a proper inspection upon receiving freight and note all damages, there will be a much higher likelihood that the store will be able to process a full replacement.

Assembly / Installation

Products You purchase may require assembly, unless otherwise stated on the product page. Some items require professional assembly, particularly large equipment items. Assembly or installation services are not included in the sale price, unless otherwise stated on the product page. For assembly or installation questions or quotes, please contact us.

Posting Reviews

You may post reviews of products and services that You purchase on MoveItGear. To post a review, You must be a registered user on MoveItGear and adhere to the following: 1.Any review that You post must have been made in good faith. 2.Any review that You post may not be defamatory in nature. 3.A review may only contain Content relevant to your order, including, but not limited to, a product’s quality, the seller’s shipping time, the quality of the communication by the seller, etc. 4.You may not threaten to leave a seller a negative review if that seller won’t meet a demand that was not originally stated in the listing. 5.You may not post a review if You have not purchased the item or service from MoveItGear.

Idea Submissions

Other than content, including items and services, posted on the Site by sellers, We consider any unsolicited suggestions, ideas, proposals, or other material (“Material”) submitted to us by Users via the Site, mobile applications, or other channels to be non-confidential and non-proprietary, and We shall not be liable for the disclosure or use of such Material. If, at our request, any User sends Material to improve the site (for example through customer support), We will also consider that Material to be non-confidential and non-proprietary, and We will not be liable for use or disclosure of the Material. Any communication from You to us is subject to this Agreement.

Re-Posting Content

By posting Content on MoveItGear, it is possible for an outside website or a third party to re-post that Content. You agree to hold MoveItGear harmless for any dispute arising out of this occurrence.

Information Control

We do not control the Content provided by Users that is made available on MoveItGear. You may find some Content to be offensive, harmful, inaccurate, or deceptive.

Furthermore, We do not claim ownership rights in your Content. However, You agree to allow us to store, re-format, and display your Content on MoveItGear in any way We choose.

Copyright

By using our Services, Users acknowledge that our Website and App contain photographs, descriptions, information, data, typefaces, graphics, and other materials that are protected by copyright and trademark law, including all associated intellectual property rights. Users may not, in whole or in part: copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of, or in any other way exploit any of the content featured on our Website or App. Any content featured on our Website or App may not be used under any circumstances without prior written consent from Live Well Stores.

You may, however, view, copy, print, and distribute these materials subject to the following conditions:
1. the materials may be used for internal informational purposes only;
2. any copy of these materials or any portion thereof must include the above copyright notice; and
3. Live Well Stores may revoke or modify any of the foregoing rights at any time.

Copyright Complaints

If You are a copyright owner and You believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.

DMCA notice—Notice and Procedure for making claims of copyright infringement:
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and You agree to comply with such process in the event You are involved in any claim of copyright infringement to which the DMCA may be applicable. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the MoveItGear Site as straightforward as possible while reducing the number of notices that We receive that are fraudulent or difficult to understand or verify.

If You believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide MoveItGear’s copyright agent the written information specified below. Please note that this form is solely for notifying MoveItGear that your copyrighted material has been infringed.

MoveItGear does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, MoveItGear will respond by either taking down the allegedly infringing content or blocking access to it. MoveItGear may contact the notice provider to request additional information. Under the DMCA, MoveItGear is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send MoveItGear a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Please note that You may be liable for damages (including costs and attorneys' fees) if You materially misrepresent that material is infringing your copyrights. Accordingly, if You are not sure whether material available online infringes your copyright, We suggest that You first contact an attorney.

Infringement Notification

If You believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MoveItGear’s Registered Agent (listed below) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Live Well Stores to locate the material;
3. Information reasonably sufficient to permit Live Well Stores to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
5. The following statement: "I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;" and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Designated Agent
Live Well Stores, Inc.
PO Box 20338
Panama City Beach, FL 32417
fax: (888) 618-0181
email: DMCA@livewellstores.com

Integration with Third Party Services

MoveItGear allows User to use the Services combined with the PayPal website and app services. MoveItGear is integrated with third parties, which may include but is not limited to Facebook and Twitter and their related services. If You are using MoveItGear combined, integrated, or used with third party products, software applications, or websites (“Third Party Service[s]”), You agree that: (i) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of MoveItGear or the Service may be diminished when operating through a Third Party Service; and (iii) MoveItGear cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.

Modifications

Live Well Stores reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Website or App, by sending You notice through the Website or App, or via email. Live Well Stores may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. You demonstrate acceptance of these Terms each time You use or make a purchase on our Website or App.

Termination

Live Well Stores may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content. Users may also terminate this agreement at any time. However, any obligations and liabilities made prior to termination of this agreement shall be strictly enforced.

Disclaimer

The items featured on the Website or App are provided “As Is” without warranties of any kind. Live Well Stores expressly disclaims any duty to update or revise. Without limiting the foregoing,

WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website, App, or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, USES THAT MAY INTERFERE WITH THE PROPERTY RIGHTS OF OTHERS, GENERAL ITEM MODIFICATION, MODIFYING ITEM IN ANY WAY THAT IS INHERENTLY DANGEROUS, USING ITEM FOR OTHER THAN ITS INTENDED PURPOSE, USING ITEM IN ANY MANNER THAT DEVIATES FROM THE PRODUCT INSTRUCTIONS, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

YOU UNDERSTAND THAT LIVE WELL STORES WILL ALSO HAVE NO LIABILITY TO USERS, CUSTOMERS, SELLERS, OR ANY OTHER INDIVIDUAL OR ENTITY RELATING TO THE USE OF THIS SERVICE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, INTANGIBLE OR OTHERWISE RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT, PRODUCT, OR SERVICE OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website or App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website or App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item or service purchased from the Website or App. By placing an order, You represent that the products or services ordered will be used only in a lawful manner.

Third Party Links

We are not responsible for any off-site pages or any other websites linked to or from our Website or App. Links appearing on our Website or App are for convenience only. Your linking to or from any off-site pages is at your own risk. We do not warrant the offerings of off-site pages or any other sites linked to or from our Services, nor do we assume any liability for the actions, content, products or services of such pages and websites, including, without limitation, their Privacy Policy and Terms of Use. Please review the Privacy Policy and Terms of Use of all off-site pages and websites You visit.

Indemnification

For any dispute You have with MoveItGear, You agree to first contact Live Well Stores and attempt to resolve the dispute with us informally. You agree to defend, indemnify, and hold Live Well Stores, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of any representation, warranty, or other provision of the Terms.

Dispute Resolution for Complaints You Have with Other Users or Third Parties

In the event a dispute arises between You and a seller, another user, or a third party, MoveItGear encourages you to contact the seller, user, or third party to resolve the dispute amicably.

We provide a non-legal dispute resolution process for the benefit of MoveItGear Users. If You and a seller, for example, are unable to resolve a dispute resulting from a transaction that occurs on MoveItGear, You may choose to open a case in MoveItGear’s case system in order to resolve the dispute. Note that a seller may also open a case on MoveItGear. In our sole discretion, our Trust & Safety Team will escalate cases for review and resolution. If We do so, You agree to give us the power to bind You and the seller to our decision.

To the extent that We attempt to resolve a dispute, We will do so in good faith based solely on MoveItGear’s policies. We will not make judgments regarding legal issues or claims. If you wish, You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

By using the Services, You agree to release Live Well Stores from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

Dispute Resolution for Complaints You Have Against Live Well Stores

To resolve a complaint You have on MoveItGear, You should first contact our Customer Service Department through our support center at http://moveitgear.com/contact-us/.

For any dispute You have with Live Well Stores, You agree to first contact Live Well Stores and attempt to resolve the dispute with us informally. In the unlikely event that Live Well Stores has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Unless You and Live Well Stores decide otherwise, arbitration will be conducted in San Diego, California. The arbitration shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by You and Live Well Stores. Claims shall be brought within the time required by applicable law. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIVE WELL STORES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Force Majeure

We shall not be in default by reason of any failure in performance of these Term if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or supplies, acts of God or of the public enemy, terrorism, U.S. or foreign government acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/ or banking and financial institution interruption.

Governing Law

These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules or principles. The parties to these Terms each specifically consent to jurisdiction in California in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Questions & Contact Information

Please contact us if You have any questions about our Terms.

Alternatively, Live Well Stores can be contacted at: support@moveitgear.com
Effective October 4, 2016

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