By accessing this website, you hereby accept and agree to be bound by these Terms of Use.
Privacy Policy. You accept the Privacy Policy and all of its terms and conditions, and agree to all of its provisions.
Return Policy. We stand behind our products and
offer a 30-day money-back guarantee (less shipping costs). If you are
dissatisfied with your purchase for any reason, please email
orders@lifefactory.com or call our return department at 888-900-5520 for
instructions on how to return or exchange your purchase.
Interstate Communications. When you register with
Lifefactory you acknowledge that in using the Lifefactory website, you
may be causing communications to be sent through Lifefactory’s computer
networks, portions of which may be located in various states of the
United States and portions of which may be located abroad. As a result,
even communications that seem to be intrastate in nature can result in
the transmission of interstate communications regardless of where you
are physically located at the time of transmission. Accordingly, you
acknowledge that use of the service results in interstate data
transmissions.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE LIFEFACTORY WEBSITE AND PRODUCTS ARE AT YOUR SOLE
RISK. THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. LIFEFACTORY AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS, AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIFEFACTORY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, DISTRIBUTORS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE LIFEFACTORY PRODUCTS WILL MEET YOUR REQUIREMENTS; AND (ii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE LIFEFACTORY WEBSITE WILL MEET
YOUR EXPECTATIONS.
LIMITATION OF LIABILITY YOU EXPRESSLY
UNDERSTAND AND AGREE THAT LIFEFACTORY AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS, AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF LIFEFACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE
LIFEFACTORY PRODUCTS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE LIFEFACTORY WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE
LIFEFACTORY WEBSITE OR PRODUCTS.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT
APPLY TO YOU.
Trademark Information You agree that all of
Lifefactory’s trademarks, trade names, service marks and other logos and
brand features, and product and service names are trademarks and the
property of Lifefactory (the "Lifefactory Marks"). Without Lifefactory’s
prior permission, you agree not to display or use in any manner the
Lifefactory Marks. Any other trademarks used herein are the property of
their respective owners.
General Entire Agreement. The Terms of
Service constitute the entire agreement between you and Lifefactory and
governs your use of the Lifefactory website and your purchase of any
Lifefactory products, superseding any prior version of these Terms of
Service between you and Lifefactory. Choice of Law and Forum.
You and Lifefactory each agree that the Terms of Service and the
relationship between the parties shall be governed by the laws of the
State of California without regard to its conflict of law provisions and
that any and all claims, causes of action or disputes (regardless of
theory) arising out of or relating to the Terms of Service, or the
relationship between you and Lifefactory, shall be brought exclusively
in the courts located in the county of Marin, California or the U.S.
District Court for the Northern District of California. You and
Lifefactory agree to submit to the personal jurisdiction of the courts
located within the county of Marin, California or the Northern District
of California, and agree to waive any and all objections to the exercise
of jurisdiction over the parties by such courts and to venue in such
courts. Waiver and Severability of Terms. The failure of
Lifefactory to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision. If
any provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms of
Service remain in full force and effect. No Right of Survivorship and Non-Transferability.
You agree that your Lifefactory account is non-transferable and any
rights to your Lifefactory account or contents within your account
terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein
permanently deleted. Statute of Limitations. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Lifefactory Services or
the Terms of Service must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
