Welcome to Lakeandskye.com. The following terms and conditions of use (the “Terms of Use”) constitute an agreement between Lake & Skye LLC (“Lake & Skye,” or “our”, “us” or “we”) and you, the visitor, member, advertiser or business owner, relating to your use of Lakeandskye.com (the “Website.”)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU AGREE TO EACH OF THE FOLLOWING TERMS OF USE.
This version of the Terms of Use is effective as of September 15, 2014.
1. Legally Binding Agreement.
a. Please read these Terms of Service carefully before accessing or using our Website. These Terms of Use constitute a legally binding agreement, and by accessing or using any part of the Website, you are agreeing to be bound by the Terms of Use and by all other operating rules, policies and procedures that may be published from time to time on the Website, including our Privacy Policy.
b. Lake & Skye reserves the right, to update and change the “Terms of Use” without notice to you, and such changes will be effective immediately upon posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to all the terms and conditions of these Terms of Use, then you may not access the Website.
c. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you. Your right to access the Website shall be deemed to be revoked where these Terms of Use or use of the Website is prohibited or any part of the Website conflicts with any applicable law, rule or regulation.
d. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.
2. Use of the Website.
a. Eligibility. You must be 18 years or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use, in order to use the Website. By using the Website, you affirm that you are over the age of 18.
b. License. Lake & Skye hereby grants you a limited, revocable license to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
c. Prohibited Conduct. You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website. You are expressly prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for engaging in any of the prohibited uses.
d. Responsibility for account information and confidentiality. In order to access some features of the Website, you may be required to create an account. You may never use another user’s account. It is your responsibility to keep your account information up to date. You are also responsible for ensuring the confidentiality of your account information and password and for restricting access to your computer. You are solely responsible for all activities occurring under your account and to immediately notify us if you become aware of any unauthorized use. You further represent that if, in your use of the Website, you are acting on behalf of another, you have the authority to bind that person as a principal to all of the terms herein and to any contracts entered into with other members or third parties as a result of this Website. You accept liability for any harm caused by your wrongful use of the Website; we will not be liable for any losses resulting from any unauthorized use of your account, and we will hold you liable if we incur any losses due to any unauthorized use of your account.
e. Right to terminate or change your account. We reserve the right to refuse or terminate accounts, or remove or edit content, for any reason, in our sole discretion and without prior notice.
3. Proprietary Rights.
a. Lake & Skye Content. This Website is owned and operated by Lake & Skye, LLC. Except with respect to content posted to the Website by members or other third parties, all content on this Website, including, but not limited to, the name “Lake & Skye” and graphics, logos, button icons, images, audio and video clips, data compilations, and software, and the compilation thereof, is our intellectual property or the intellectual property of our affiliates, partners or licensors, and is protected by United States and international copyright and trademark laws. Except as otherwise set forth herein, or as required under applicable law, no portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
b. User Content.
1. Any content that you add to the Website, including any ideas, feedback or information that you post (your “User Content”), is non-proprietary and non-confidential. “User Content” shall expressly include any posted communications with us or with other users, including comments or ratings made available in any message board, chat area, bulletin board, feedback area, news group, or similar feature.
2. If you post any User Content, you represent and warrant that: (1) you own or otherwise control the rights to your User Content; (2) your User Content does not constitute or contain software viruses, commercial solicitation or "spam”; (3) your User Content does not violate any of our policies or any legal rights; (4) your User Content does not contain information that is false, inaccurate or misleading; (5) any product you promote or offer for sale, if any, is not illegal, stolen, or counterfeit, and is not hazardous to consumers, as identified by the U.S. Consumer Products Safety Commission; (6) your User Content is not obscene or pornographic or otherwise in violation of any applicable law, statute or regulation; (7) you will not use a false e-mail address, impersonate another person or entity, or otherwise mislead us or other users about any User Content; and (8) you agree to indemnify us and hold us harmless for all claims, including reasonable legal fees, arising from any User Content.
3. You may delete or remove your User Content, either yourself or through a request made to hello@lakeandskye.com. Upon receipt of your request, we will use our best efforts to promptly remove all of your User Content. Once User Content is deleted, it will be removed from the Website. However, deleted User Content may persist in backup copies for a reasonable period of time.
4. Lake & Skye shall not own any right, title and interest to your User Content. By submitting, posting or creating User Content, you grant to Lake & Skye a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant each user of the Website a non-exclusive license to access your User Content.
5. We have no obligation to monitor the Website. However, we reserve the right, in our sole discretion, to (i) remove, edit or modify any User Content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms of Use, or for no reason at all and (ii) to block any user from posting User Content to the Website.
4. Third Party Links.
a. As part of the services offered by Lake & Skye, we may ask you to link your third party accounts (such as Facebook, Tumblr and Twitter) (“Third Party Accounts”). By registering with us or linking your account to any Third Party Account, you permit us to access and aggregate certain information from your profiles on such sites for our use. You ultimately control how much information is accessible from Third Party Accounts via your privacy settings on such sites.
b. The Website may contain links to third party websites that are not owned or controlled by Lake & Skye. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Lake & Skye from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
c. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
5. Terms of Use Applicable to Lake & Skye Online Store.
a. By making a purchase on the Lake & Skye online store, you are additionally accepting all of the Terms of Use applicable to our online store.
b. Shopify Inc. (“Shopify”) provides the online e-commerce platform for Lake & Skye. Please see our Privacy Policy for more details concerning the type of information Shopify collects in connection with online purchases.
c. We have made every effort to display as accurately as possible the colors and images of the products that are offered through our online store, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
d. All descriptions of products and product pricing are subject to change at any time without notice, in our sole discretion. Certain products or services may be available in limited quantities, and we reserve the right to limit the sales of products to any person, geographic region or jurisdiction or to limit the quantities of any products purchased per person, per household, or per order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
e. We reserve the right to discontinue any product at any time, or to refuse any order placed, in our sole discretion. If we need make a change to or cancel an order, we will attempt to notify you at the e-mail and/or billing address/phone number provided at the time the order was placed.
f. Any offer for any product or service made on the Website is void where prohibited.
g. The information on the Website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy, and no content on the Website should be considered as a recommendation by Lake & Skye as to the fitness of any product for any use. You acknowledge that all products are being purchased and used at your own discretion and risk. Lake & Skye is not responsible for any damages to property or for any adverse physical effects (including injury or bodily harm) caused by insufficient knowledge or the improper use of a product.
h. Lake & Skye does not recommend that you take any essential oils internally or externally without consultation from a qualified aromatherapy practitioner. Do not apply undiluted essential oils, absolutes, CO2s or other concentrated essences onto the skin. If you are pregnant, epileptic, have liver damage, have cancer, or have any other medical problem, use essential oils only under the proper guidance of a qualified medical professional. Use extreme caution when using oils with children and give children only the gentlest oils at extremely low doses and under the supervision of a medical practitioner. A skin patch test should be conducted prior to using any essential oil or skin care product that you have never applied before.
i. Lake & Skye liability for any claims related to or arising out of a purchase of a product from Lake & Skye online store shall be limited to the price of the product purchased and shall not include any consequential loss.
6. Limitation on Liability; Use at Your Own Risk.
a. All of the information on the Website is provided for educational purposes only. It is not intended to prescribe, diagnose, treat, cure, or prevent any disease. It is your responsibility to educate yourself and address any health or medical needs you may have with your physician. Please seek professional help when needed.
b. We are not responsible if information made available on the Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may also contain certain historical information, which is provided for your reference only.
c. By using Lakeandskye.com and any of other related websites or services that we currently offer or may offer in the future, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, any content on the Website. Lake & Skye is not responsible for the accuracy or reliability of any content posted to Lakeandskye.com by users or third party advertisers. You acknowledge that the User Content available through Lakeandskye.com is posted on an “AS IS” basis. You understand that Lake & Skye does not control, monitor, filter or edit the User Content in any way. You acknowledge that all User Content accessed by you on the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
d. Your interactions, including payment and delivery of goods, services or information, with each third party vendor, business, organization or advertiser that advertises or offers a promotion on the Website (each, a “Business”), are solely between you and such Business. You agree that Lake & Skye shall not be responsible or liable for any loss or damage of any sort incurred as a result of any transactions with any Business. Lake & Skye does not guarantee that any promotion or coupon offered by a Business is or will be valid or honored by any Business. By using this Website, you also agree to indemnify, defend and hold Lake & Skye harmless from any loss or damages associated with any promotions coupons made available by advertisers and any Business through this Website.
e. Lake & Skye is committed to protecting the privacy of our users. By your use of the Website, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; and which is incorporated herein by reference.
f. Health and Fitness Content.
1. Some of the content on the Website includes information and instruction relating to health, exercise and fitness, and some of the products and services available through the Website relate to health, exercise and fitness. You acknowledge and agree that the warnings and disclaimers contained in this policy shall apply to all such information, instruction, products and services.
2. Prior to participating in any health or wellness program or using any products or services that may be described on the Website, we strongly recommend that you consult with a physician or licensed healthcare provider. Lake & Skye, its staff and users posting User Content are not licensed medical care providers and are not rendering personal medical advice or treatment through the Website. Furthermore, Lake & Skye has no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific product or service on a medical condition.
3. The Website and the information on it are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any health or fitness program, and/or when using any health or fitness-related products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such outcomes.
4. You should never disregard medical advice or delay seeking medical advice because of a statement you have read on the Website. The Website should not be used in lieu of advice given by qualified medical professionals such as your doctor, nurse, or therapist. Information placed on the Website, and products sold through the Website, should be used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to adopting any of the services or programs posted on the Website or using any products offered for purchase on the Website.
5. Always consult your doctor before beginning an exercise or dietary program. If you experience any discomfort or pain during an exercise routine, immediately cease the activity and seek the assistance of a physician.
g. Disclaimer.
1. You confirm that your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services included therein, are provide on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
2.Lake & Skye EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
3. Lake & Skye expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website or User Content; (ii) regarding the goods, services, advice, information or links provided by us or any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms of Use.
4. Lake & Skye assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Website.
5. Under no circumstances shall Lake & Skye be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any reviews, advertisements, User Content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.
6. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
h. Limitation of Liability.
1. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, Lake & Skye WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EYLA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF Lake & Skye HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.Lake & Skye shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Lake & Skye infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Lake & Skye will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
3. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
h. Indemnity. You agree to indemnify, defend and hold harmless Lake & Skye, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
7. Termination.
a. You can cancel your account at any time by notifying Lake & Skye at hello@lakeandskye.com.
b. You agree that Lake & Skye, at its sole discretion, may delete or deactivate your account, block your IP address or email or otherwise terminate your access to or use of the service (or any part thereof), and immediately and without notice, and remove and discard any User Content, for any reason, including, without limitation, if Lake & Skye believes that you have acted in a manner that is inconsistent with these Terms of Use, or the spirit thereof. Further, you agree that Lake & Skye shall not be liable to you or any third party for any termination of your access to the service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
c. These Terms of Use are effective unless and until terminated by either you or us.
8. Independent Relationship:
You and Lake & Skye are independent parties, and these Terms of Use will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and Lake & Skye. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.
9. Governing Law and Venue; Statute of Limitations:
a. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules.
b. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be in the state or federal courts located in the County of New York, State of New York, and you further agree and submit to the exclusive and personal jurisdiction of the State of New York and to the venue of the Supreme Court of New York, County of New York and the Federal District Court for the Southern District of New York, located in New York County, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts.
c. YOU AND Lake & Skye AGREE THAT ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Entire Agreement:
These Terms of Use constitute the entire and exclusive understanding and agreement between you and Lake & Skye regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral, between you and Lake & Skye relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.
11. Miscellaneous:
a. No Waiver. The failure to require performance of any provision shall not affect Lake & Skye right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
b. Severability. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect.
c. Additional Terms. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website. Please read any policies and terms and conditions posted in connection with any features.