Terms of Use

Acceptance Of This Agreement

Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Changes to Website, Software, and Services

We reserve the right to;

• change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the owners of this website shall not be liable to you for any such change or removal.
• change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that the owners of this website shall not be liable for any such change or removal.
• change or discontinue any promotional discounts or coupon codes at anytime withput notice and you confirm that the owners of this website shall not be liable for any such change or removal.
• change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Website's

The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright

The Intellectual Property Rights in this website and the materials on or accessible via it belong to the owners of the website or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).

Any of our Logos are trade marks which belong to the owners of this website, and they may not be may not be used, copied or reproduced in any way without written consent from the owners of the website.

For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Limitation Of Liability

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, the owners of the website will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

The owners of the website makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Indemnity

You agree to indemnify and hold the owners of the webiste and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the owners of the website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the state of Florida, Seminole County whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Seminole County, Florida.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Today's Best Deal

LivingAthletic provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Today's Best Deal"). Merchants are willing to offer attractive promotions in order to reach the LivingAthletic community.

How It Works

By placing an order for a given Today's Best Deal, you are agreeing to it's terms, restrictions and conditions. Once you’ve placed your order, you will receive a confirmation and your credit card will be charged for the amount of Today's Best Deal. An account is required for you to access your past purchases, and modify your preferences.

Conditions and Fulfillment

The conditions, including expiration date and fulfillment information are included on your receipt.

If the expiration of the paid value, as of the date issued, is prohibited under the law of the jurisdiction in which the Merchant is located, then it shall expire as follows: the promotional portion will expire on the date printed, and the paid portion will expire one (1) years from the date issued, except to the extent applicable law requires that the Merchant extend the period in which it may be redeemed. The Merchant is obligated to honor it in compliance with law. If the Merchant refuses to honor it before the legally permitted expiration date, then LivingAthletic will refund the paid portion in the form of a credit for future Today's Best Deal. In order to receive the credit, you must provide the following information in writing to MemberServices@LivingAthletic.com: (a) identification of Today's Best Deal and Merchant with whom you sought to redeem it, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem it, and (c) a statement, under penalty of perjury, that it has never been redeemed with the Merchant.

Global Terms

Unless otherwise stated or required by law, the following additional terms apply to all Today's Best Deal:

• no cash value,
• no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
• no cash back or credit will be issued for partial redemption,
• cannot be combined with any other coupons or promotions unless otherwise noted in the conditions,
• cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither LivingAthletic nor the Merchant is responsible for lost or stolen reference numbers,
• duplicate use, sale or trade is prohibited, except as required by law,
• unless otherwise stated at the time of purchased, the price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time of redemption.

Merchant Responsibility

LivingAthletic.com markets Today's Best Deal and acts as an agent in selling sporting goods, sporting events and related merchandise on behalf of merchants. The merchant is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Today's Best Deal offered by LivingAthletic. By make a purchase from LivingAtheltic, a customer acquires the right to the product or service offered by the participating merchant according to its terms. Whether you choose to redeem Today's Best Deal after the purchase is within your sole control and at your sole discretion.

Promotions of the Today's Best Deal Program

From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Today's Best Deal or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

Products Available for Sale

The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. LivingAthletic reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. LivingAthletic does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

Refunds

LivingAthletic will provide a refund of the purchase price paid by you for any Today's Best Deal within three days after the purchase, provided you have not yet redeemed it with the merchant. After three days, we do not provide refunds. The one exception is we will provide a refund if you are unable to redeem Today's Best Deal before the applicable expiration date because the relevant merchant has gone out of business.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Today's Best Deal issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Today's Best Deal.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

The owners of the website reserves the right to add, delete, or modify any provision this Agreement at any time without notice.