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Welcome to Living Huntington!

Living Huntington Incorporated and/or its affiliates (collectively "Living Huntington") provide LivingHuntington.com and its products, goods, services or other merchandise items to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.

1. Your Acceptance of the Terms

The “Terms” consist of these Conditions of Use, the Living Huntington Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by Living Huntington at www.livinghuntington.com (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (each a “Site”), and all products, goods, services or other merchandise items accessed through the Sites (collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and Living Huntington, Incorporated and its successors, subsidiaries, affiliates and family of brands (“Living Huntington,” “we,” “us” and/or “our”). By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a certain product, good, service or other merchandise item offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.

2. Electronic Communication

The communications between you and Living Huntington are electronic. You consent to receive communications from Living Huntington in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3. Your Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.

4. Certain Conditions Placed on Your Use of the Sites and Services

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • are 18 years of age or older or possess legal parent or guardian consent;
  • will comply with these Terms;
  • are able to form a binding contract with us;
  • are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
  • are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
  • will not impersonate another user of the Sites and/or Services.

5. Your Account

You will need to register by creating an account with Living Huntington (either by registering directly with us or by allowing a Living Huntington application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Promotions. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Living Huntington Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Living Huntington may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.

Living Huntington relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

6. Promotions

Living Huntington provides consumers with opportunities to purchase certain products, goods, services or other merchandise items (each a “Promotion,” and collectively, “Promotions”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional certificate exchangeable for Merchant goods and services (a “Certificate”). The promotion of each Promotion works as a form of advertisement for the Merchant by Living Huntington.

By purchasing, printing, accepting, using or attempting to use any Certificate, you agree to these Terms, the fine print identified in the Promotion copy (defined below) and/or any additional promotion specific terms related to the Promotion at the time of purchase. These Terms apply to all Certificates, unless the Fine Print on a particular Certificate states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Certificate, the Fine Print will control, except to the extent prohibited by applicable law.

Additional Promotion Terms

Some categories of Promotions have special terms that vary from the general promotion terms stated in this Section 6. These special terms which are set forth here. Any other varying terms for specific Promotions will be set forth in the Fine Print.

How it Works

By placing an order for a given Promotion, you are agreeing to purchase the Promotion you have selected on the terms, restrictions and conditions associated with the Promotion. Once you have placed your order, you will receive a confirmation of the Promotion and your credit card or other payment mechanism will be charged for the amount of the Promotion. We will notify you by email when the Certificate for the Promotion is ready to be used. You are required to create an Account in order to purchase any Promotion so we can collect information to allow you to pay for your Promotions and so we can provide you with easy access to print your Promotions, view your past purchases and modify your preferences.

Promotion Value and the “Fine Print”

In addition to the terms set forth herein, each Promotion comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Certificate). The Fine Print may restrict things such as when or where you can redeem a Certificate, as well as other Promotion-specific limitations, so always read carefully.
Most Certificates combine two separate portions that make up the Promotion: (i) a paid portion equal to the amount you paid for the Promotion (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Promotion if used by the promotional expiration date on the Certificate (the "Promotional Portion").

Certificates

Unless otherwise stated on the Certificate or required by law, the following additional terms apply to all Certificates

  • Certificates must be redeemed in their entirety in one visit to a Merchant.
  • For Certificates that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
  • Certificates are not redeemable for cash.
  • Use of a Certificates for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
  • Certificates cannot be combined with any other coupons or promotions.
  • Certificates cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
  • Neither Living Huntington nor the Merchant is responsible for lost or stolen Certificates or Certificate reference numbers.
  • Duplicate use, sale or trade of a Certificate is prohibited.
  • Unless otherwise stated in the Fine Print, the Certificate price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Certificate.

Expiration Dates

The Promotional Portion of the Certificate will always expire on the date printed on the Certificate. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Certificate will expire five (5) years from the date that the Certificate was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Certificate beyond five years, in which case the Paid Portion of the Certificate will expire in accordance with the applicable law.

Date-Specific Promotions

Sometimes we offer Promotions that are date-specific, such as a Promotion for a ticketed event or a Promotion where you select a specific day to stay at a hotel (“Date-Specific Promotion”). Usually this means that the Certificate can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Certificate. In either case, the date you select will be identified on the Certificate, and you can only redeem the Certificate on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Certificate. You may not reschedule a Date-Specific Promotion for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Promotion on the date specified on the Certificate. If for some reason the Date-Specific Promotion is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Promotion is rescheduled, our email to you will include the new date for the Date-Specific Promotion. If you cannot make the new date for the Date-Specific Promotion, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Promotion is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.

Refunds

The Refund policy for any Promotion will always be stated at the time of purchase and, if you are purchasing a Certificate, on your Certificate.  Please review our current Refund policies at this page, and general policies in effect as of September 1, 2015 at this page.

We want you to be happy with your Living Huntington experience. If you have trouble redeeming your Certificate for any reason, please contact us at support@livinghuntington.com so we can work with you to resolve your issue.

Merchant is the Issuer

The Merchant is the issuer of the Certificate and is solely responsible for redeeming the Certificate. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Certificate or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Certificates. Unless otherwise indicated in a Promotion or other offer, Living Huntington is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Certificate management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release Living Huntington and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Certificate or the products, goods, services and/or other merchandise items it provides in connection with it.

Promotion Availability

Some Promotions are not available for purchase beyond certain geographical and jurisdictional boundaries. Living Huntington reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Certificate, the Sites, the Services or any other product, good, service or other merchandise item. Living Huntington does not represent or warrant that any product, good, service or other merchandise item promoted on the Site will be available for purchase by any particular person. Some of our Promotions are limited in number. Any attempt by you to obtain more than the permitted number of Certificates specified for a particular Promotion, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.

Pricing Information

We display discounts on our Sites in connection with each Promotion. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

The price of Certificates (or other products, goods, services and other merchandise items) will be as quoted on our Site from time to time, except in cases of obvious error. Living Huntington strives to provide accurate pricing information regarding the products, goods, services and other merchandise items available on the Site. We cannot, however, insure against pricing errors. Living Huntington reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product, good, service or other merchandise item whose price was incorrectly posted on the site as a result of an error. If this occurs, Living Huntington will notify you by email. In addition, Living Huntington reserves the right, at its sole discretion, to correct any error in the stated full retail price.

7. Other Services

In addition to our great Promotions, we may from time to time offer some other products, goods, services or other merchandise items. We will set forth any terms specific to those products, goods, services or other merchandise items at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms.

8. Living Dollars

“Living Dollars” are a form of Living Huntington currency that may be applied as a credit towards the purchase of Promotions on the Sites.  Living Dollars do not have a cash value and so they are not refundable for cash, except where required by applicable law. You can only use Living Dollars on Promotions or at participating Merchants that accept the currency.  In addition, some Merchants may not permit Living Dollars to be used on any Promotion or other purchase transaction to pay for ancillary service charges, tips, shipping and/or any type of sales tax. To help ensure that all of your Living Dollars are properly credited to your Account and are available for your purchases when you need them, we link your Living Dollars account to your credit card and/or Promotional award. Resale of Living Dollars is strictly prohibited. 

Types of Living Dollars

Living Dollars can be acquired two ways - they can be: (1) purchased or given in exchange for express consideration in certain incremental values; and (2) received as a reward or given to certain customers in connection with a specific promotion, contest or sweepstakes. All Living Dollars will be immediately credited to your Living Dollars Account upon purchase or award.

Expiration of Living Dollars

Living Dollars do not expire. Living Dollars are not returnable or refundable for cash, except where required by law.

You may not sell or otherwise distribute access to your Living Dollars to any other person or entity. Your Living Dollars cannot be combined, co-mingled or otherwise merged with Living Dollars in any other Account whether registered to you or not. Unauthorized or fraudulent use, resale, acquisition or distribution of Living Dollars is prohibited. We may cancel, revoke or otherwise prevent the issuance of Living Dollars if we suspect any unauthorized or fraudulent use and/or if we mistakenly credit your Account with Living Dollars. For more information on Living Dollars, please check out our Living Dollars FAQ .

Sharing Programs

We may from time to time offer you (and your friends) the opportunity to obtain Living Dollar credits to your Account by referring your friends to purchase a Promotion. The terms and conditions of such sharing opportunities shall be defined on a Promotion by Promotion basis at the time such a Promotion is launched.

9. Ownership of the Sites and Services

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by Living Huntington, its subsidiaries or affiliates.

10. Copyright/Trademarks

The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Living Huntington owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “Living Huntington,” which appear on the Sites and/or in the Services are the service and trademarks of Living Huntington or affiliated entities. Without Living Huntington’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Living Huntington or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Living Huntington, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

11. Your Access to the Sites and Services

Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:

  • any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
  • any collection and use of any products, goods, services or other merchandise items listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Living Huntington or the Merchants featured hereunder or any commercial purpose, including marketing;
  • any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
  • deep-linking to any portion of the Site;
  • framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
  • using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  • attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
  • using the Site and/or Services to generate unsolicited email advertisements or spam; or
  • using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.

Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of www.LivingHuntington.com so long as the link does not portray us or any of our products, goods, services or other merchandise items in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

12. Third-Party Links and Contents

Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, goods, services, other merchandise items, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS, GOODS, SERVICES AND OTHER MERCHANDISE ITEMS, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. LIVING HUNTINGTON ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

13. Information and Content Submitted by You

The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. Living Huntington reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of Living Huntington.

If you do post User Content or submit material, and unless we indicate otherwise, you grant Living Huntington a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant Living Huntington and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Living Huntington for all claims resulting from User Content you supply. Living Huntington takes no responsibility and assumes no liability for any User Content posted by you or any third party.

14. Product Submissions

Living Huntington does not accept unsolicited submissions for business ideas, web sites, articles or other products, goods, services or other merchandise items. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Living Huntington (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Living Huntington through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to Living Huntington the irrevocable right and license to the submission as if it were User Content as specifically set forth above.

15. Termination

If you want to terminate your legal Agreement with Living Huntington, you may do so by: (A) notifying Living Huntington at support@livinghuntington.com or (B) closing your Accounts for all of the Services that you use.

Living Huntington may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Living Huntington is required by law to do so; (iii) the partner with whom Living Huntington has offered the Services to you has terminated its relationship with Living Huntington or ceased to offer the Services to you; (iv) Living Huntington no longer provides Services in the country in which you reside; or (v) Living Huntington determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, Living Huntington reserves the right to discontinue any product, good, service or other merchandise item at any time and at its sole discretion.

Without limiting any of the foregoing, Living Huntington may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Living Huntington, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Certificate issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Certificate. These Terms will survive termination of this Agreement.

16. Exclusion of Warranties

WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products, goods services or other merchandise items made available to you by us, unless specified in writing.

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIVING HUNTINGTON’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVING HUNTINGTON AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS, GOODS, SERVICES OR OTHER MERCHANDISE ITEMS OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM LIVING HUNTINGTON WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A LIVING HUNTINGTON REPRESENTATIVE SHALL CREATE A WARRANTY.

17. Limitations of Liability

SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVING HUNTINGTON, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT, GOOD, SERVICE AND/OR OTHER MERCHANDISE ITEM AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE LIVING HUNTINGTON FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT, GOOD, SERVICE OR OTHER MERCHANDISE ITEM OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.

18. Arbitration of Disputes Governed By Arbitration

Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites, your purchase or redemption of a Certificate or your use of the Services made available through the Sites, these Terms, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction. This agreement and any arbitration shall be governed by the Federal Arbitration Act.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $1,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and Living Huntington may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Living Huntington shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or Living Huntington customer.

We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Fairfield County, Connecticut.

Contact information for Living Huntington’s Registered Agent for Disputes/Arbitration is as follows:

Corporation Service Company
80 State Street
Albany, NY 12207-2543

19. Indemnity, Reservation of Right, Release

You agree to defend, indemnify and hold harmless Living Huntington and 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 reasonable attorney's fees) arising from: (i) your use of and access to Living Huntington; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.

Living Huntington reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

20. Applicable Law

By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and Living Huntington that arises out of this Agreement shall be governed by the laws of the State of Connecticut without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.

21. Copyright Notice-Digital Millennium Copyright Act

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide Living Huntington with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for Living Huntington for notice of claims of copyright infringement is as follows:

Living Huntington Incorporated
223 Wall Street, Suite 214
Huntington, NY 11743
support@livinghuntington.com

22. Entire Agreement, Changes to this Agreement and Waivers

These Terms, together with the Privacy Policy, and any other legal notices published by Living Huntington on the Sites, Services or any Certificate, shall constitute the entire agreement between you and Living Huntington concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Certificates purchased prior to the effective date of such modification. These modifications will however be effective immediately for new users of our Sites and/or Services and for all Certificates purchased after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Living Huntington’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Living Huntington. No purported waiver or modification of this Agreement by Living Huntington via telephonic or email communications shall be valid.

23. General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND LIVING HUNTINGTON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LIVING HUNTINGTON MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

24. Additional Terms

Below are additional terms applicable to your use of and access to the Sites and certain Services offered by Living Huntington or its third party partners or affiliates through Living Huntington:

Last updated: October 1, 2015