Terms of service

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Lifekind, Inc. ("Lifekind," "we," "us," or "our"). By accessing, browsing, or using our website or by purchasing products or services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access the website or purchase our products or services.

1. Eligibility and Use

1.1. You must be at least 18 years of age and legally capable of entering into binding contracts to purchase products from us.

1.2. By using our website, you represent and warrant that all information you provide is accurate, current, and complete. You agree not to use our website for any unlawful purpose.

1.3. Geographic Scope. Our website and products are intended for use only within the United States. We do not guarantee compliance with laws outside the U.S. and disclaim all liability for access to or use of our services or products from outside the United States.

2. Product Information and Availability

2.1. We strive to ensure that product descriptions and images are accurate, but we do not guarantee the accuracy, completeness, or reliability of any information on the website.

2.2. All products are subject to availability. We reserve the right to discontinue or change specifications or prices of products at any time without notice.

3. Orders and Payment

3.1. By placing an order, you represent that you are authorized to use the payment method provided.

3.2. We reserve the right to refuse or cancel any order for lawful reasons, including but not limited to suspected fraud, abuse of our staff or policies, pricing or data entry errors, or violations of applicable laws. This right is exercised in compliance with all federal and state anti-discrimination laws.

3.3. Prices are in U.S. dollars and do not include applicable taxes, shipping, or handling charges, which will be added to your total at checkout.

4. Refunds, Returns, and Warranty

4.1. Our current Refund Policy, as published on our website, forms part of these Terms. By purchasing a product, you agree to the terms of that Refund Policy.

4.2. We do not accept returns or provide refunds except as explicitly stated in the Refund Policy or as required by law.

4.3. Certain products are covered by limited warranties, the terms of which are available at Warranty Policy. Warranty claims must be initiated using our Warranty Support Form. You acknowledge you are responsible to review warranty terms prior to purchase.

4.4. Limited warranties apply only to products purchased directly from Lifekind or authorized resellers. Coverage may be voided if the product has been mishandled, altered, or misused as described in the published warranty terms.

4.5. To be eligible for warranty coverage, the original purchaser must retain proof of purchase and follow the claims process described at Warranty Support Form. Claims made without sufficient documentation or outside the warranty period may be denied.

4.6. All limited warranties provided by Lifekind are extended solely to the original purchaser and are not transferable unless expressly stated otherwise in writing.

5. Chargebacks and Abandoned Products

5.1. Except in cases of suspected or confirmed fraud as defined by applicable card network rules or law, you agree not to initiate a chargeback without first attempting in good faith to resolve the matter directly with us.

5.2. Chargebacks may not be used to bypass our published refund, return, or warranty procedures.

5.3. If you initiate a chargeback in violation of these Terms and it is resolved in our favor, you agree to reimburse us for any associated costs, including chargeback fees and reasonable attorneys’ fees. If we retain possession of the product, it will be made available for pickup for ten (10) calendar days beginning on the date we notify you of the resolution and have received final settlement of funds from the chargeback process.

Extension Requests: If you contact us in writing before the 10-day period expires, we may, at our sole discretion, grant a one-time extension of up to seven (7) additional calendar days for you to retrieve the product.

If you do not collect the product within the original or extended period (if granted), the item will be deemed abandoned. We may, at our sole discretion, restock, disassemble, donate, or dispose of the product without further notice and without any obligation to issue a refund or provide further accommodation. No refund will be issued once a chargeback is resolved in our favor and the product is deemed abandoned pursuant to this section.

Nothing in this section is intended to waive or limit your rights—or our remedies—under applicable law or card network rules.

5.4. If a chargeback is resolved in your favor and you retain possession of the product, you must return it to us within ten (10) calendar days at your expense. Failure to return the product entitles us to recover it at your expense.

5.5. If you do not provide updated shipping instructions upon request, refuse delivery for reasons other than visible damage documented at the time of delivery or receipt of incorrect items, or otherwise fail to respond to communications regarding shipment or pickup, the product will be deemed abandoned.

5.6. Once an item is deemed abandoned, we may, at our sole discretion, restock, disassemble, donate, or dispose of the product without further notice. You acknowledge and agree that we are under no obligation to issue a refund, provide replacement goods, or offer any further accommodation for abandoned products.

5.7. This abandonment policy applies regardless of payment status and independently of any chargeback process. It supplements but does not limit the rights and remedies set forth in Section 5.3 and elsewhere in these Terms.

This abandonment policy does not waive any rights you may have under applicable consumer protection laws, nor does it limit our remedies under these Terms.

6. User Conduct

6.1. You agree not to:

Violate any applicable laws, rules, or regulations;
Engage in fraud, misrepresentation, or abusive behavior toward our staff, systems, or policies;
Use our website or products in a way that causes harm to us, other users, or third parties;
Use automated tools, scraping technologies, or bots to access our website;
Upload malicious code, viruses, or otherwise interfere with website operation;
Publicly disparage Lifekind, its employees, or its products in a false or defamatory manner.

Nothing in this policy is intended to limit your right to share truthful opinions or experiences as permitted by law.

7. Mobile Messaging Terms

7.1. By providing your mobile number and opting in, you consent to receive recurring promotional and transactional SMS/text messages from Lifekind. Message frequency may vary.

7.2. Consent is not a condition of purchase. Message and data rates may apply. You can opt out at any time by texting “STOP” to 866-945-7514. For help, text “HELP” or email info@lifekind.com.

7.3. You acknowledge that mobile carriers are not liable for delayed or undelivered messages. Lifekind reserves the right to change the shortcode or phone number used for messaging or to terminate the service at any time without notice.

7.4. By participating, you certify that you are the account holder or have permission to receive messages at the provided number.

8. Communication Services and User Submissions

8.1. Our website may allow you to submit reviews, comments, feedback, photos, or other user-generated content (“Submissions”). By submitting content, you grant Lifekind a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, distribute, publish, display, modify, and create derivative works.

8.2. You warrant that you own or have all necessary rights to submit such content and that it does not infringe any third-party rights.

8.3. You agree not to submit content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable. Lifekind reserves the right to monitor, remove, or refuse to post any submission at its discretion.

8.4. Lifekind is not responsible for the accuracy or reliability of user-submitted content and disclaims any liability related to such content.

9. Intellectual Property

9.1. All content on our website, including text, images, product designs, logos, and software, is the property of Lifekind or its licensors and is protected by intellectual property laws. You may not copy, reproduce, or use our content without express written permission.

10. Disclaimer of Warranties

10.1. OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE AND ITS OPERATION, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2. PRODUCTS SOLD BY LIFEKIND ARE ALSO PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT WHERE OTHERWISE STATED IN A WRITTEN LIMITED WARRANTY AVAILABLE ON OUR WEBSITE OR AS REQUIRED BY LAW.

10.3. WE DO NOT WARRANT THAT THE WEBSITE OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON ANY CONTENT.

10.4.No Professional Advice. All content on our website, including product descriptions, blog posts, FAQs, customer service responses, and any other materials, is provided for general informational purposes only. It is not intended as, and does not constitute, legal, medical, financial, or other professional advice. You should not rely on any information provided on the website as a substitute for advice from qualified professionals. Reliance on any information provided by us is solely at your own risk.

11. Limitation of Liability

11.1. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFEKIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR OUR PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE WEBSITE, OR ANY PRODUCT PURCHASED FROM LIFEKIND EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) AT ISSUE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

12.1. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LIFEKIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUBSIDIARIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, MISUSE OF OUR PRODUCTS OR WEBSITE, VIOLATION OF APPLICABLE LAWS, OR VIOLATION OF ANY THIRD-PARTY RIGHTS.

12.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us in defending such claims.

13. Governing Law; Dispute Resolution; Arbitration Agreement

13.1. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law rules.

13.2. You agree to comply with all applicable local, state, federal, and international laws and regulations.

13.3. Pre-Dispute Resolution. Before initiating arbitration or legal action, both parties agree to attempt to resolve any dispute informally through good-faith discussions for at least 30 days following written notice of the dispute.

13.4. Binding Arbitration. ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN COLORADO UNLESS OTHERWISE AGREED. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

13.5. Class Action Waiver. YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.6. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or misuse of confidential information.

13.7. Arbitration Opt-Out. YOU MAY ELECT TO OPT OUT OF ARBITRATION BY SENDING US A WRITTEN NOTICE BY U.S. CERTIFIED MAIL OR NATIONAL COURIER WITHIN THIRTY (30) DAYS OF FIRST AGREEING TO THESE TERMS. SEND TO:
LIFEKIND, INC.
ATTN: ARBITRATION OPT-OUT
6400 S FIDDLERS GREEN CIR., #250 #1017
GREENWOOD VILLAGE, CO 80111

14. Force Majeure

14.1. We shall not be liable for any failure or delay in performance (including order fulfillment, refunds, or warranty processing) due to events beyond our reasonable control, including but not limited to natural disasters, government actions, labor strikes, supplier failures, transportation disruptions, pandemic-related delays, or other force majeure events.

15. Third-Party Links

15.1. Our website may contain links to websites operated by third parties. We are not responsible for the content or privacy practices of such websites. Your interactions with any third-party websites are governed solely by the terms and policies of those sites.

15.2.Third-Party Services and Disputes. We may make third-party services, content, or tools available through our website or in connection with your purchase. You agree that any interactions, transactions, or disputes between you and such third parties are solely between you and the applicable third party. Lifekind is not responsible for and disclaims all liability related to your dealings with third parties. You release Lifekind from all claims, demands, and damages (actual and consequential) related to such third-party interactions.

16. Entire Agreement

16.1. These Terms, together with our Refund Policy and Privacy Notice, constitute the entire agreement between you and Lifekind concerning your purchase and use of our products and supersede all prior or contemporaneous communications.

16.2. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of any of our rights. Any waiver must be in writing and signed by an authorized representative.

16.3. We reserve the right to update or modify these Terms at any time. Material changes will be posted on our website with the updated effective date. Continued use of our website or services after such changes constitutes your acceptance of the modified Terms.

16.4. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

NOTHING IN THESE TERMS IS INTENDED TO WAIVE OR LIMIT ANY RIGHTS OR REMEDIES THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO RIGHTS UNDER THE COLORADO CONSUMER PROTECTION ACT OR OTHER APPLICABLE CONSUMER PROTECTION STATUTES.