Terms of Use

Last updated: December 5, 2009

THIS AGREEMENT GOVERNS YOUR USE OF WEB SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THE WEB SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEB SITE.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The Site and the Services are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or your family member(s)' physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you or your family member(s) may have a medical emergency, call your doctor or 911 immediately.  Levaunt.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.  Reliance on the Site and the products available via the Site is solely at your own risk.

Acceptance of Terms and Conditions. This Terms of Use Agreement ("Agreement"), states the terms and conditions under which you may use the website located at www.Levaunt.com and all Content (as defined below) available therein (the "Site"). Please read this Agreement carefully. This Site contains various information in the form of data, text, graphics, news, reports, and other materials as well as third party content, (collectively, the "Content"). By browsing this Site, and/or purchasing product via the Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

Levaunt.com ("Levaunt.com," or "We") is LeVaunt, LLC. ("LeVaunt"). For more information on LeVaunt, please go to www.Levaunt.com. We reserve the right to amend this Agreement at any time and from time to time. When we post changes to this Agreement, we will revise the "last updated" date at the top of this Agreement.  We encourage you to periodically review this Agreement to be informed of the terms and conditions applicable to your use of the Site.

United States Use Only. This Site is intended to be used only by end users who are residents of the United States. End users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.

Intellectual Property Rights in the Site. You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of LeVaunt or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may not market or remarket, or assist any third party in marketing or remarketing, the Content, the Site or any Services without LeVaunt's prior written permission in each instance.

Trademarks. LeVaunt, "Empowering Independent Living" and "One Stop Shopping for Senior Products" and the domain names www.Levaunt.com and www.LeVaunt.net (the "LeVaunt Trademarks") are the sole and exclusive property of LeVaunt. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LeVaunt.com. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the LeVaunt Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the LeVaunt Trademarks will inure to our benefit.

Copyright Complaints. If you believe this Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures.

Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to LeVaunt through the Site, you agree to be bound by the terms and conditions set forth in this paragraph. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. LeVaunt, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, LeVaunt and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting LeVaunt a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any Personal Data.

Links to Other Web Sites. This Site may periodically provide links to third party websites ("Third-Party Sites") as well as www.LeVaunt.com and other websites operated by LeVaunt (collectively, "Other LeVaunt Sites"). This Agreement governs only this Site and not any Third-Party Sites or Other LeVaunt Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. If you decide to access linked Third-Party Sites or Other LeVaunt Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites or Other LeVaunt Sites to the administrator of the applicable Third-Party Site or Other LeVaunt Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.

Advertisements on this Site. LeVaunt, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by LeVaunt. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

SECURITY OF THE SITE. ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION.   LEVAUNT RESERVES THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE WITHOUT NOTICE OR PERMISSION FROM YOU. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITE.  LEVAUNT WILL ALSO COMPLY WITH ALL COURT ORDERS AS WELL AS ALL LAW ENFORCEMENT AND REGULATORY INQUIRIES INVOLVING REQUESTS FOR SUCH INFORMATION.

DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF LEVAUNT, OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "LEVAUNT PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE. NONE OF THE LEVAUNT PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCT PURCHASED VIA THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE LEVAUNT PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE SERVICES IS TO STOP USING THE SITE.

Product Descriptions. LeVaunt attempts to be as accurate as possible with products' descriptions and prices. However, LeVaunt does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from LeVaunt's suppliers, LeVaunt shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. LeVaunt shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, LeVaunt shall immediately issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF THE LEVAUNT PARTIES BE LIABLE TO YOU, YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OF THE CONTENT, THE PRODUCT PURCHASED VIA THE SITE, OR ANY OTHER INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE LEVAUNT PARTIES BE LIABLE TO YOU, YOUR FAMILY MEMBER(S) OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE PRODUCTS PURCHASED VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS LEVAUNT PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

No Responsibility for Connectivity. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Indemnification. You agree to defend, indemnify and hold the LeVaunt Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site and the Services or breach of any of the terms of this Agreement.

Use of Personal Data. Your use of the Site may involve the transmission to us of certain personally identifiable information belonging to you ("Personal Data"). Examples of Personal Data belonging to you include your name, address, email address and credit card information provided to us when you purchase Products via the Site. Our policy with respect to the collection and use of Personal Data is governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email. We will attempt to terminate your access to the Site within 24 hours of our receipt of your notice of termination.

Electronic Communications and Contracting. This Site may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the LeVaunt Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by any LeVaunt Party to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by LeVaunt.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be sent to us via email.  We try to answer every email in a timely manner, but are not always able to do so.

Additional Information

Levaunt provides a wide range of information on topics affecting seniors and their caregivers and is for information only. It is not intended to replace or substitute for professional medical, legal, financial or any other assessment. You should not disregard any diagnosis, treatment or other advice because of information on this site, nor should you postpone getting immediate assistance for any medical problem because of any content presented. Relying on any content provided by Levaunt and any contributors or visitors to the website is solely at your own risk.

Privacy Policy

Last updated: December 5, 2009

LeVaunt understands your concern about how information about you is used and shared. We have prepared this Privacy Policy to let you know about our policy regarding Personal Data including email address that is collected on the Site. All capitalized terms not defined herein shall have the meaning attributed to them in the Terms of Use.

Information That You Give Us That is Covered by the Privacy Policy:

Personal Data. We collect Personal Data when you voluntarily choose to register for use of the Site as a Subscriber or contact us with comments or inquiries. We use the Personal Data that we collect in order to respond to submissions you make to the Site, to provide and improve the Services, and as otherwise set forth in this Privacy Policy. We also collect Personal Data from your transactions with non-affiliated third parties.

Passively Collected Information. When you interact with LeVaunt through the Site, we receive and store certain additional personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Examples include IP addresses, browser types, domain names, and other anonymous statistical data involving your use of the Site and/or the Services.

Cookies: In operating this Site, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your computer when you access a Web site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. Acceptance of cookies is not a requirement to browse the Site; however, certain areas and features of the Site, such as the shopping cart, may require your acceptance of cookies to work properly.

On the Site, we may allow third party ad serving companies or ad networks to display third party advertisements on the Site. Some of these companies may place a persistent cookie in order to recognize your computer each time they send you an online advertisement. Thus, these companies may compile information about where you are using your computer, where you saw their advertisements, and which ads you clicked on. This information allows these companies to deliver targeted advertisements that they believe will be of most interest to you.

We do not link the information that we store in cookies to any personally identifiable information or email address you submit while on our site. We do not use tracking technologies in regards to emails.

Use of Personal Data. LeVaunt uses the Personal Data and email address that you provide in a manner that is consistent with this Privacy Policy. If you provide your Personal Data and email addressfor a certain reason, we may use the Personal Data and email address in connection with the reason for which it was provided. For instance, we will use the Personal Data and email address that you input during the registration process to administer your access to the Site and the Services. LeVaunt and its affiliates also use Personal Data and email addresses and other personally non-identifiable information collected through the Site to help us improve the Content and functionality of the Site, to better understand our Subscribers and to improve the Site and the Services. If LeVaunt intends on using any Personal Data and email address in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data and email address is collected.

Use of Personally Non-Identifiable Data. LeVaunt may use personally non-identifiable information and pool it with other information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, and the domain names of our visitors’ Internet service providers. No Personal Data is available or used in this process.

Registration:  In order to use certain portions of this Web site (e.g. blogs/forums), we request certain personally identifiable information from you on the registration form. There may be two separate registrations on the LeVaunt site.  One registration would allow you to participate in our online community of blogs and forums and require you to create a user name and password.  The other registration would occur as an option to create an account when you are going through the checkout process. During this registration you would be required to give contact information (such as first name, last name, email address, and phone number). We would use this information to contact you about the services on our site in which you have expressed interest. During  the community registration, you may have the opportunity to opt-in to receive newsletters and promotions from LeVaunt.  During the shopping account registration, you may have the opportunity to opt-out of LeVaunt’s email newsletters and/or promotions.

LeVaunt is the sole owner of the information collected on Levaunt.com.  LeVaunt collects personally identifiable information from our users at several different points on our Web site.

Orders: If you purchase a product from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, phone, and shipping address) and financial information (such as credit card number, expiration date). 

We use this information for billing purposes and to fill your orders.  If we have trouble processing an order, we will use this information to contact you.

Choice/Opt Out. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us.

Copyright Infringement Notification Procedures

We require from you:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Copyright agent:
Jack Moorman, CEO
LeVaunt, LLC
136 Pinta Court
Los Gatos, CA  95030
Tele:  408-472-5866
Levaunt@gmail.com