INTRODUCTION
Welcome to Live Smart—Education & Shop by Tero Oasis Companies.
By using our website and/or using the services that are provided, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend and apply to all related applications, internet service, or website extensions. If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website, and you may discontinue use immediately. Live Smart by Tero Oasis Companies is herein referred to as Live Smart.
When making a purchase on this site, whether one-time or recurring, you agree to our Terms of Service and Privacy Policy. If Live Smart provides a service for you we refer to you as Client.
PAYMENTS
We accept payments through Stripe. When processing payments, some of your data will be passed to the payment gateway provider, including information required to process or support the payment, such as the purchase total and billing information.
Note that automatic generated payment confirmations/invoices will read “Tero Oasis Companies or Tero Oasis”.
RECURRING PAYMENTS
When ordering a digital or virtual service or a product that is paid for on a recurring basis (i.e. monthly) you agree that your credit card or debit card used for the purchase will be charged for every “billing” cycle. In order to keep the service active, it is your responsibility to make sure the credit card or debit card has sufficient funds before the next billing cycle. In case of insufficient funds, the service will be canceled automatically and should you desire to reinstate it, there will be a set-up fee. In case of cancellation from either party, there won’t be refunds for unused time within a billing cycle. The subscription will simply stop.
PRODUCT DESCRIPTIONS
Live Smart and its associates attempt to be as accurate as possible. However, Live Smart does not warrant that product descriptions or other content of this site is accurate, complete, current, or error-free..
CANCELLATION OF A PAID SUBSRIPTION PRODUCT
The client can cancel a subscription anytime. This can be done by contacting Live Smart in writing via email or by selecting the “Cancel” button in your account. We do not issue refunds for a canceled product if cancellation takes place in the middle of a billing cycle. Live Smart reserves the right to cancel a subscription at any time.
REFUNDS AND EXCHANGES
No refunds are issued for any digital or virtual products. If a digital or virtual product was delivered and there are errors, Live Smart will fix the issue and resend a working file.
INTELLECTUAL PROPERTY RIGHTS
Client grants to Live Smart a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) Client’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by Client.
LICENSE AND SITE ACCESS
Live Smart grants the client a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Live Smart. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Live Smart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Live Smart and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Live Smart’ name or trademarks without the express written consent of Live Smart. Any unauthorized use terminates the permission or license granted by Live Smart. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Live Smart so long as the link does not portray Live Smart, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Live Smart logo or other proprietary graphic or trademark as part of the link without express written permission.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Live Smart ON AN “AS IS” AND “AS AVAILABLE” BASIS. Live Smart MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Live Smart DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Live Smart DOES NOT GUARANTEE A SPECIFIC RESULT FROM A SERVICE OR PRODUCT RENDERED TO A CLIENT. ALL SERVICES OR PRODUCTS ARE DESIGNED WITH THE GOAL TO BE MOST BENEFICIAL FOR THE CLIENT, AND THEY ARE CAREFULLY CRAFTED TO MEET THE HIGHEST STANDARDS.
Live Smart DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Live Smart ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Live Smart WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Live Smart, you agree that the laws of the state of Washington State, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Live Smart or its associates. Note that Live Smart is a member of Tero Oasis Companies.
DISPUTES
Any dispute relating in any way to your visit to Live Smart or to products or services you purchase through Live Smart-Tero Oasis Companies shall be submitted to confidential arbitration in Washington State, USA, except that, to the extent you have in any manner violated or threatened to violate Live Smart’s intellectual property rights, Live Smart may seek injunctive or other appropriate relief in any state or federal court in the state of WASHINGTON STATE, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Live Smart by Tero Oasis Companies. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We reserve the right to modify our Terms and Conditions and Privacy Policy as we deem fit. We encourage you to re-visit both documents from time to time.
INDEMNIFICATION
To the extent allowed under applicable law, Merchant agrees to defend, indemnify and hold Live Smart, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs).
