Terms and Conditions & Privacy Policy

TERMS AND CONDITIONS OF USE

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Welcome to Absolute Living 365 (the “Company”, “we”, “our” or “us”).

The following terms and conditions (“Terms”) govern the use (including access, browsing and/or use of any interactive features) of our website (“Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Site. This Agreement applies to all visitors, users, and others who access the Site (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of the Site is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. The use of the Site is not intended for minors under the age of majority in the applicable jurisdiction. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. We reserve the right to change the Terms at any time. Any such changes will be posted on the Site and you agree to be bound by such changes.

Privacy

Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the provisions of these Terms.

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Ownership Rights / Use of Site Materials

The Company owns all right, title and interest in and to the Site and/or owns the content and applications on the Site (including on social network websites).

The Company owns all copyrights for all material on the Site or has a valid right from a third party to use the material on the Site. The Company also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Site or has a valid right from a third party to use any such material. Any modification or use of the materials from the Site for any purpose not explicitly permitted is a violation of the Company’s copyright and other proprietary rights.

No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of the Company. This prohibition also includes framing any content from the Site, as well as unauthorized linking.

Disclaimer / Limitation on Liability

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Use of and browsing in the Site is at your own risk. Neither the Company nor any party representing or otherwise affiliated with the Company in creating or presenting the Site is liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of or browsing in the Site, except where such liability or damage is the result of the Company’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Site is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, and/or non-infringement. THE SITE IS NOT INTENDED TO PROVIDE ANY MEDICAL INFORMATION ABOUT THE BODY, PSYCHOLOGICAL ADVISE OR OTHERWISE.

All products delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and durability.

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Solicited information that you submit to the Company by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Site is subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by the Company and we may use such materials in any manner that we deem appropriate. For more information on this topic, please see our Privacy Policy.

Links / Third Party Websites

The Company is not responsible for third party websites that link to or from the Site. The Company does not endorse any such sites or the goods or services offered on such sites. The Company disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. The Company shall not be held liable or responsible for the content of any sites that link to or from the Site.

Accuracy of Information

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The Company takes reasonable steps to ensure the accuracy of the information included in the Site. However, the Company takes no responsibility for errors or omissions in the content of the Site and does not guarantee the accuracy, completeness or timeliness of information provided on the Site. We have made every effort to accurately portray the colors you see on the Site. However, the actual color that you see will depend on the type of device that you use to access the Site. Information provided on the Site is subject to change at any time without prior notice.

Prices, Products and Orders

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Prices displayed on the Site are shown in U.S. dollars and do not include any applicable taxes. Prices are provided for informational purposes and are not binding. Prices are subject to change at any time, at our sole discretion, without notice.

All descriptions of products are also subject to change at any time, at our sole discretion, without notice.  We reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products that we offer.  We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.

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We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Packages undeliverable by our shipper will be cancelled and refunded once received at our shipping hub.

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No Waiver

The failure on the part of the Company to enforce any part of these Terms shall not constitute a waiver of any of the Company’s rights hereunder for past or future actions.

Jurisdiction and Arbitration

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You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms, the Privacy Policy, the Site and/or an item purchased through the Site. The arbitration will be conducted before a single arbitrator and will be held at a mutually agreed to location in the State of Connecticut, County of Litchfield. The arbitrator will be selected by mutual agreement between you and the Company.  If for any reason you and the Company cannot agree to an  arbitrator, either you or the Company may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.  The court will then appoint an arbitrator, who will act under this Arbitration provision with the same force and effect as if the parties had selected the arbitrator by mutual agreement.  In all cases, each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.  Costs incidental to the arbitration, including the cost of the arbitrator and the meeting site (“Arbitration Costs”) will be borne by you and the Company equally, unless otherwise required by applicable law.

The arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and the Company alone. Claims may not be joined or consolidated unless agreed to in a writing signed by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR A CLASS ACTION. If you initiate a litigation or any other proceeding against the Company in violation of this paragraph, and the Company is the prevailing party in any such litigation or proceeding, you agree to pay the Company’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Litchfield in the State of Connecticut. You agree not to raise the defense of forum non conveniens.

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Miscellaneous

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the use of the Site.

We may change these Terms at any time by posting changes on the Site. Any changes are effective immediately upon posting. The continued use of the Site constitutes your agreement to any revised Terms.

BY USING THE SITE, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESE TERMS & CONDITIONS OF USE.


Absolute Living 365, 2018 All Rights Reserved

privacy & safety

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1.         Privacy

The Absolute Living 365 (the “Company”, “we”, “our” or “us”) recognizes the importance of protecting the privacy of all consumers (“you” or “User”) who visit our website.

We also believe it is important to inform you about how we will use your personal information, and to give you choices about how this data will be used. For these reasons, we encourage you to read this Privacy Policy carefully.

This Privacy Policy is directed and applicable to individuals who visit (including access, browsing and/or use of any interactive features) of our website accessible at www.AbsoluteLiving3565.com (“Site”). This Privacy Policy applies only to information collected by us via the Site and does not extend to any other website. 

The laws of the United States shall apply to the collection of Personal Information (as defined below in section 2) and other information through the Site, and to our use of such information.
This Privacy Policy is subject to the terms and conditions of the Company’s Terms and Conditions Of Use.

2.         Collection and Use of Personal Information

Users can view our website by browsing anonymously, we only collect identifiable personal information (“Personal Information”) about Site Users when they voluntarily provide it in the course of browsing or shopping on the Site, including making purchases from the Site, voluntarily registering or otherwise signing up with the Site, or contacting us via the Site. Site users may provide Personal Information for various reasons, including but not limited to, for the purposes of obtaining newsletters, product information, event information, and services, to answer surveys, enter contests and receive notice of other promotional opportunities, and to make purchases. The type of Personal Information that we may collect includes name, address, phone number, email address and purchase information such as credit or debit card information used to facilitate the sale of the Company’s products. We may also use the information that you provide to create a personal customer profile in order to let you know of products or events that may be of interest to you, to streamline future purchases, and for customer service purposes, such as following up on customers who have not checked out their abandoned shopping carts or to inquire about their use of the Site. We may combine Personal Information we collect on the Site with other information we otherwise collect online or offline about Users to better tailor marketing or website content, including to measure the effectiveness of our advertising, or for other purposes, such as internal research.

In addition, if you choose to participate in Company-sponsored social media activities or offerings, including any links to social media services (e.g., plug-ins) on our Site, or if you log into our Site or a portion of our Site through a social media service or similar tool, such as Log in with Facebook or Sign in with Twitter (whether the use of such tools to sign in is optional or mandatory), any information that these third-party social media sites collect as a function of your using those services or sign-in tools is subject to those respective entities’ own privacy policies. In addition, however, if you use those services or sign in to our Site or a portion of our Site using such third-party sign-in tools, certain Personal Information and related information from those third-party websites or services will be shared with us. We will treat this information shared with us in accordance with this Privacy Policy.

For information on how to opt-out of allowing us to use your Personal Information for marketing purposes, see section 6 below.

3.         Collection and Use of Non-Personal and Automatically Collected Information

We automatically collect certain aggregate information and other information when you visit the Site. When in aggregated form, this information does not relate to a single identifiable visitor. It tells us such things as how many Users visited the Site and the pages accessed. Collecting this information helps us tailor our Site to our visitors.

Also, we may collect certain non-personal information at the individual level, although it typically is not associated with Personal Information. For example, when you visit the Site to browse, read or download information, we automatically collect standard computer information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. We generally do not link this standard computer information to anything that will allow us to identify Users unless to enforce compliance with our rules or terms of service, to protect our service, Site, Users or others, or for certain online advertising activities relating to our Users, including to measure the effectiveness of our advertising.

In addition, we also may collect other information through “cookies” or “web beacons,” as explained below.

Cookies: We, our service providers, and third parties such as online network advertisers may collect information using cookies. Cookies are pieces of information that any website may transfer to your browser that are then stored in your computer system. Cookies are returned to the website that deposited them when a visitor returns to that site. Cookies tell us, for example, whether a User is a first time visitor or has visited the Site before and what areas of the Site are of greatest interest to the User. The deposit of cookies by the Site may enhance your online experience by allowing us to save your preferences for your next visit. Our cookies may also measure the general activity on the Site, which allows us to determine which areas and features are most popular. This information allows us to make improvements to our Site.

Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you choose to decline cookies, some of the functionality of the Site may be impaired.

Web Beacons: Web beacons, also known as “clear gifs,” “one-pixel gifs,” “web bugs,” “Internet tags” or “pixel tags,” are small graphic images on a website or in an e-mail that allow us and third parties to monitor the activity on the Site or to make cookies more effective. Web beacons allow us, our service providers and other third parties to gauge and enhance the effectiveness of our marketing on our Site or on third party websites or other channels by transmitting information about whether you follow links in our e-mails or Site, or links in third party websites, and by gathering information about the websites you visit before and after visiting our Site. We use log files to store the data that is collected through Web beacons.

Online advertising networks and similar companies that collect information through cookies and similar tools over time and across different websites, including upon or following your visit to our Site, operate on our Site and utilize cookies, web beacons and similar technologies to collect or receive information from the Site, and from third party websites, and use the information they collect to provide ad measurement services and to target ads to Users’ interests. While, as described above, you may have the opportunity to control the use of cookies through your web browser, we do not otherwise currently respond to web browser “do not track” signals or other mechanisms that may offer consumers choice for such activities. If we do so in the future, we will describe how we do so in this Privacy Policy. See Section 7 below titled “Updating Your Personal Information and Opting Out of Marketing Communications section for choices you have.

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4.         Sharing of Personal Information and Other Information

Subject to the following paragraphs and the disclosures discussed in them, we will neither disclose nor sell any information about you to a party unaffiliated with us unless (i) required to do so by law or legal process; (ii) required to do so by law enforcement authorities or other government officials; (iii) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with, our rights or property or the rights or property of our Users or others, or in connection with an investigation of suspected or actual illegal activity; (iv) we reasonably believe that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of the public; and/or (v) we believe the law in good faith requires such disclosure.

We may appoint third party service providers to administer and/or operate certain functions or services on our behalf, the proper performance of which may require a transfer of the information submitted by you, or the Personal Information collected about you. The functions or services include, for example, administering the Site, delivery of products requested or ordered by you, and delivery of marketing or other communications to you about our products, services or special events. Any such transfer shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those functions or services.

We may also share your Personal Information with other third parties for joint marketing and promotions of products, services or events that may be of interest to you. Any transfers of Personal Information shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those obligations.
 

For information on how to opt-out of allowing us to use your Personal Information for marketing, see section 7 below. You should be aware, however, that even if you opt-out of allowing us to use your information for marketing campaigns, we may still share certain information with third parties to comply with legal obligations. For example, if you have opted out of marketing emails from us, we may have to provide your email address to a third party we jointly market with to comply with your opt-out request.

5.         Unsolicited Materials

Through the Site, we request that you provide us with certain types of information so that we may better serve you. The requested information may include questions and comments about our products. Please do not provide us with materials, including but not limited to business, advertising, creative, marketing or any other types of proposals, concepts, know-how, ideas and the like ("Unsolicited Materials"). All Unsolicited Materials, including any unsolicited Personal Information (for example, Personal Information provided not in response to a specific request for such information, but in a free form text box), that we receive will not be subject to this Privacy Policy. By submitting any Unsolicited Materials, you agree that we shall have the sole discretion as to how to utilize such Unsolicited Materials and you automatically provide to us a perpetual, royalty free license to such end. If any Unsolicited Materials that you provide to us are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify, defend, and hold harmless the Company, and its respective members, officers, directors, employees, agents, licensors, representatives, and third party providers (collectively, “the Company Indemnitees”), against any claims or actions brought against any of the Company Indemnitees arising out of or relating to our use or possession of the Unsolicited Materials.

6.         Security

Protecting your information is of primary concern to us. We store the information that we collect on secure servers and otherwise take reasonable precautions to protect your Personal Information. However, we cannot warrant and do not represent that our level of security meets or exceeds any specific standards. No Internet transmission is 100% secure or error-free, nor is stored data free from vulnerabilities. We cannot guarantee the security of our Site, databases or services, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet. We are not responsible for the actions of third parties.

7.         Updating Your Personal Information and Opting Out of Marketing     Communications

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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If you want to update your Personal Information, you may access your personal profile online, if one exists or is accessible, and change your entry. Generally, any online profile that exists is accessible at the Site by clicking on “Member Pages” and entering the applicable information.

You may choose to unsubscribe from marketing emails by sending an email to AbsoluteLiving365@yahoo.com or by utilizing the unsubscribe link on our marketing emails. Please note that any requests may take up to six to eight weeks to become effective. If you choose to opt-out not only of emails, but all other forms of marketing communications as well, please contact us at 1-860-459-5404.

Even if you opt-out of marketing communications, we may still contact you to send you important information regarding the operation or administration of your personal profile or other non-marketing information. For additional information regarding our policies regarding the Site please see Terms and Conditions Of Use

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8.         Corporate Change of Control / Assignment

Personal Information collected over the Site may be transferred as part of any merger, acquisition or sale of Company assets, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which Personal Information would be transferred to another entity.

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9.         Children’s Privacy

The Site is not directed to minors and we do not intentionally collect or maintain any Personal Information from minors under the age of majority in the applicable jurisdiction. If you believe that we might have any Personal Information from or about anyone under the age of majority, please reach us at the contact information provided below under section 12.

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10.       Changes to Privacy Policy

We reserve the right, in our sole discretion, to modify, alter or otherwise update this Privacy Policy at any time and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this Privacy Policy by posting the revised Privacy Policy with the date it was revised on this page and if you have registered with us, we may notify you by email to your email address of record. Your continued use (including access, browsing and/or use of any interactive feature) of our Site constitutes your agreement to this Privacy Policy and any updates. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect.

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11.       California Resident’s Privacy Rights

California resident customers of ours have a right to obtain a list of Personal Information that we may have disclosed to affiliates for their marketing purposes or to unaffiliated third parties for their own marketing purposes. A California customer may contact us and request the general list of Personal Information shared and the companies among which it is shared. This request may be sent electronically by email to AbsoluteLiving365@yahoo.com or by phone at 1- 860-459-5404. We will respond to these requests for the list within 30 days. Written requests may be sent to: Absolute Living 365, 7 Jennings Terrace, Bristol, CT 06010, Attention: Customer Care. Requests for this information that come to us through other channels may result in a delayed response. 

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12.       Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update any information we have about you, please contact us by:

• Sending an email to: AbsoluteLiving365@yahoo.com

• Calling us at:  1- 860-459-5404

• Writing us at:  7 Jennings Terrace

                        Bristol, Connecticut 06010
                        Attn: Customer Care