TERMS OF USE
Please read the following terms of use (“Terms of Use”) carefully. LifeWeb 360 Inc. (“Company,” “we,” “our,” or “us”), located online at https://www.lifeweb360.com/ (“Website”), is an online platform to collect and preserve memories from a community after someone passes away, and to enable members of that community to interact with each other and the content that the community submits. These Terms of Use constitute a legally binding agreement between the Company and you, governing your use of the Website, our social media accounts, any mobile application or other mobile phone services that may be produced or made available in the future by the Company (“App”), and any software provided on or in connection with the Company’s services (collectively such software, together with the Website and App, the “Service”). By visiting the Website or accessing the Service, in any way, you agree to be bound by all of the terms and conditions of these Terms of Use, whether you are a “Visitor” (which means you are just browsing the Website) or a “Registered User” (which means you have registered or verified your email address with the Service) (together “Users”). The term “you” refers to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the Service.
If you do not agree to these Terms of Use, please do not register for, enter, use, or access the Website or Service in any way. The Company may modify these Terms of Use at any time, without notice. Any modifications will be posted on this page and effective from the date of such modifications, so we suggest you return to this page on a regular basis to view the Terms of Use. Your continued use of the Service after any modification will mean you agree to the Terms of Use as modified. If you do not agree to a modification, you should stop visiting the Website and terminate all other use of the Service immediately.
We at the Company take these Terms of Use seriously. We believe they are necessary to create a web atmosphere in which our Users, content providers, and service providers may feel safe and respected. If we believe you have breached the Terms of Use, we may, without notice, suspend or terminate your ability to access the Service (in whole or in part), specific content, digital products or physical products, courses or events provided to you by the Company, including any personal website made available through the Service.
1. SERVICE GENERALLY
1.1 Eligibility
You may use the Service only if you can form a binding contract with the Company, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by the Company.
The Service is not directed at children under 13 years of age. Any registration with, use of, or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Use.
Parents of children between the ages of 13 and 18 who wish to allow their children access to the Service have the responsibility to determine the content that is appropriate for their children. Because the Service contains user-generated content, please be aware the Users may have created areas on the Website or linked from it that contain adult or mature content.
1.2 Registered Users
Visitors to the Service may choose to register their identifying information and become Registered Users if and when the Service makes this feature available. Others may become Registered Users via a separate agreement with the Company.
At this time, you are not required to become a Registered User in order to use or access the Service, however, you are required to verify your email address using whichever procedures the Company in its sole discretion deems necessary or advisable in order to submit User Content (as defined below) or any particular Website page or “LifeWeb”. The Service may use a third party plug-in in order to gather this information and verify your email address. Please see Section 4 and Section 5 below for more information regarding third party platforms used on the Website. We may in the future require Users to register in order to use or access the Service.
Each Registered User or User who verifies his or her email address may receive a unique screen name and password. You are responsible for maintaining the confidentiality of your password, account and email address used to access the Service and are fully responsible for all activities that occur under your password, account or email address. You may change your password or other access options at any time by updating your account on the Website. You agree to immediately notify the Company of any unauthorized use of your password, account or email address or any other breach of security of which you become aware. The Company will not be liable for any losses caused by any unauthorized use of your password, account or email address. You may never use another User’s password, account or email address without the Company’s prior written consent.
Whether or not you are a Registered User who has created an account or registered your email address with the Company, you should be aware that your email address will be given certain access permissions depending on your relationship with the deceased and the creator of the applicable LifeWeb page, as determined by any User designated as an “Administrative User” of the applicable LifeWeb page. The Administrative User of the applicable LifeWeb page will determine, among other things, whether you are permitted to invite new Users to the LifeWeb, whether you are permitted to manage User Content on the LifeWeb, the kinds of User Content that you may submit and the manner in which you may submit it, the extent to which you can view others’ User Content, and whether you have the ability to grant or restrict these rights for other Users.
By registering at or verifying your email address with the Service, you agree to provide true, accurate, current and complete information about yourself and the people you are honoring in all required fields. If any of your information changes, you agree to update your information as soon as possible. If the Company suspects that your information is not true, complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account or email address will be subject to suspension or termination, we may delete anything you have posted, including, without limitation, information about yourself, and you may be barred from using the Service, in each case, in our sole discretion. If you have been previously removed by us or banned from the Service on any account or email address, you agree not to create any new account, access the Service with an alternate email address, or continue attempting to use the Service with your existing account or email address.
You may control your Registered User account, verified email address, and how you interact with the Service by changing the settings in your settings page. By providing the Service your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, offers, or communication from the family of the deceased for whom you have posted User Content or otherwise contacted through the Service.
The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
1.3 LifeWeb Products and Services
Users may create, maintain, and purchase their own products and services within the Website. Such products and services may consist of User Content, Internet-based memory books, timelines, and other functionalities that enable Users who visit the products and services (e.g. obituary or tribute) to communicate with each other. See Section 6 below for more detail regarding purchases made on the Website. Subject to its suspension, cancellation, and termination rights with respect to each User and rights to remove User Content and other material, the Company represents that each LifeWeb will remain on the Website for so long as the Company owns and maintains the Website unless acts or events beyond the reasonable control of the Company cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Service. In addition, material that has been archived with the internet archive will remain available as long as they maintain their open access.
1.4 General Practices Regarding Use and Storage
The Company may establish general practices and limits concerning use of the Service, including, for example, limits on the number of:
LifeWeb pages which you may enhance / edit;
Files (including graphics, photographs, videos, or sound/music files) that may be posted;
Disk space that will be allotted on the Company’s servers on your behalf; and
Times you may access the Website in a given period of time (and the maximum duration of your visits to the Website).
You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise maintained or transmitted by the Company and its affiliated websites or third party service providers.
1.5 Modifications and Access to the Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, to you or to Users generally, the Service (or any part thereof) with or without notice. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You understand and agree that there may be interruptions in the Service, Service access or access to a Registered User account due to circumstances both within and outside of our control, and that we shall have no liability to you or any other person or entity as a result of such unavailability.
1.6 Reliance on Information
The Website presents resources for the purpose of informing, sharing, and creating a community among Users; the Company’s intent is not to provide exhaustive information or advice on a particular topic.
2. USER CONTENT
2.1 Contributions Posted by LifeWeb Users
The Service is an online platform where a community can share written memories, photos, videos, and other content to celebrate the life of a loved one that has passed away. The collaborative and interactive nature of postings on the Service makes it impossible for us to assume responsibility for any of the materials posted by Users. The Company takes no responsibility and assumes no liability for any damages you allege to incur as a result of any User Content that you or any other User or third party posts, sends, comments, or otherwise makes available over the Service. The content, ideas, suggestions, opinions, comments, and observations made by Users, and any text, data, photographs, video, music, sound, chat, messages, comments, obituary content, files or other material provided to us by Users (all of which are referred to as “User Content”) are not endorsed by the Company, and we make no guarantee, representation or warranty regarding the confidentiality, reliability, accuracy, non-infringement or quality of any User Content that is posted on the Website or otherwise in the Service. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and the sole recourse for any damage you may suffer as a result of User Content shall be to such individual. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that by accessing the Service you may be exposed to User Content that is inaccurate, objectionable, offensive, indecent, inappropriate for children, or otherwise unsuited to your purpose, and you agree to waive, do hereby waive, any legal or equitable rights or remedies you have or may have against the Company with respect to any User Content.
You are advised that there are different modes of communication available on the Service. By submitting User Content, or posting it on the Website, whether privately or publicly, you warrant and represent that you are the sole creator of the material you submit, or the User Content is not protected by copyright law or you have express permission from the copyright owner to submit the User Content, or have authorization to distribute it, and that the User Content does not violate these Terms of Use; and that you have the right to grant the Company the license set forth in this section. You shall be solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such submission. The Administrative User of a particular LifeWeb page may designate certain parts of a LifeWeb as private, semi-private or public, and may change those settings at any time. You acknowledge that any communications you send, or User Content that you submit, privately to another User or to a LifeWeb may be made publicly available by that User or the Administrative User of the LifeWeb at any time, and that you have no expectation of privacy or confidentiality with respect to any such communication or User Content.
After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms of Use. By sending User Content to the Company, or posting it on the Service, you expressly grant the Company a worldwide, transferable, sublicensable, perpetual, irrevocable, royalty-free, and non-exclusive license to publicly display, use, reproduce, modify, publish, archive, store, transmit, create derivative works from, and distribute the User Content in any form, media, software or technology of any kind now existing or developed in the future, without notification to and/or approval from you. Without limiting the generality of the previous sentence, you also grant the Company the right to use your User Content and any facts, data, ideas, concepts or know-how contained in the User Content you provide to us for any purpose whatsoever, including, without limitation, enhancing the Service and/or developing, promoting and marketing other products and services without any compensation to you whatsoever. You also grant the Company the right to use your name or likeness and any other information about you that you provide in connection with your User Content, verified email address or Registered User account. This license will continue perpetually unless and until you remove your User Content from the Service, at which time the license granted here will automatically expire; provided however that the Company may retain archived copies of your User Content, and may continue to include, use, or display such User Content in published materials (e.g. books, television products) created prior to such removal of your User Content. By submitting User Content to the Company or posting it on the Service, you further grant to each User of the Service a non-exclusive license to access and use your User Content in any manner permitted or made available by us on or through the Service. Notwithstanding the foregoing, you acknowledge and agree that the license granted by you to the Company for User Content included in obituaries or obituary notices (the “Obituary Content”) shall be irrevocable. Users may request that the Company take down Obituary Content by contacting Support@LifeWeb360.com, but the Company shall not be obligated to do so.
If you choose to post User Content on LifeWeb pages or anywhere on the Service, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Service reflects your respect for the legal rights of Users connected with the Company. In particular, you agree to the Rules of Conduct posted below (though this is not meant as an exhaustive list).
The Company and its designees, including Administrative Users of any particular LifeWeb page, shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Service for any or no reason and with or without notice, and to take any action with respect to User Content that they deem necessary or appropriate in their sole discretion, including, without limitation, if such User Content is believed to violate these Terms of Use or could create liability for the Company or any other User.
You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor or take action regarding disputes between Users. In the event of disputes, the Company may in its sole discretion take such action as it deems appropriate, including, without limitation, suspending or terminating your account or your ability to access the Service, changing the privacy mode of a given LifeWeb page, or removing any User Content.
2.2 Rules of Conduct
The following Rules of Conduct apply to your use of the Service and to any and all User Content you post on the Service or send to another User, either privately or publicly, whether the User Content is included in obituaries, tributes, memory books, blogs, discussion groups, private messages, e-mails, profiles, comments, or any other portion or feature of the Service.
You shall not post any User Content on our Service, and represent and warrant that all your User Content and your use of the Service does not and shall not:
Provides false, inaccurate, misleading, or deceptive information, contains gross exaggeration or unsubstantiated claims, or contains any actionable statements (including impersonating another person or entity, or giving false information about someone’s death);
Is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
Breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as disclosing proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
A reasonable person would consider a breach of confidentiality or privacy or publicity rights (such as by posting in a public forum on the Service something that was written in a private message or letter outside of the Service);
A reasonable person would consider excessive, inappropriate, harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Is intended to promote a social, political or religious cause or movement;
Violates or encourages others to violate any applicable law, statute, ordinance or regulation, including, without limitation, intellectual property laws;
Promotes software or services that deliver unsolicited e-mail or spam or otherwise interferes with another party’s uninterrupted enjoyment of the Service;
Contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines, otherwise attempts to obtain any unauthorized access to the Service, or could damage, disable, overburden or impair our servers in any way;
Harms or exploits, or attempts to harm or exploit, minors in any way;
Solicits personal information from anyone under 18 or discloses any information about or images of a minor without the consent of the minor’s legal guardian;
Uses or creates inappropriate screen names or group names;
Uses the Service as a forwarding service to another website;
Prevents the full and complete display of advertisements on the Service pages (these include, without limitation, making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on pages within the Website);
Exceeds the scope of the services that you have signed up for or for which an Administrative User has granted you access (for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing another User’s entries or other content when you have not been granted the privileges to do so); or
Allows usage by others in such a way as to violate these Terms of Use.
You may not, except in a designated area, use the Website to:
Upload, post, email or otherwise transmit any User Content that provides any telephone numbers, street addresses, or email addresses;
Engage in commercial activities within the Website (such as by advertising or selling products or services, or inducing Users to the Website to enroll in a promotional or money-making enterprise); or
Access the Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, content, or material on this Website.
You shall report promptly to us any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
2.3 Civil Discussion
The creators or Administrative Users of any particular LifeWeb page have complete authority to be more restrictive than the Rules of Conduct in the areas that they control.
It is important to note that the Service is not an open forum for all viewpoints. It is primarily a place to celebrate and honor. The Company reserves the right to remove any posts it feels undermines the spirit of respect and celebration that are the core spirit of the Service.
The Company is not responsible for policing comments that might appear on other websites that republish the Service or any portion thereof.
2.4 DMCA Notice
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please notify our copyright agent as set forth in the DMCA, a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We will respond to notices of alleged infringement that comply with the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
5. 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 law; and
6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached by email at Support@LifeWeb360.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the accounts or access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
3. PROPRIETARY RIGHTS
Except for your User Content and User Content belonging to other Users, the Service and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, (the “LifeWeb Content”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or to any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any LifeWeb Content. Use of the LifeWeb Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
The Company grants you a non-exclusive, limited, non-transferable, royalty-free, freely revocable license to view the Website and to display, download, integrate via authorized social media application, email or print individual pages of the Website in a manner that is otherwise in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages, and you acknowledge that you do not obtain any ownership rights thereto in doing so. No other use is permitted. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright holder. You may not incorporate the information, content or other material comprising LifeWeb Content into any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer or sell any LifeWeb Content except as expressly noted above. You may not use our name, logos, trademark or brands, or those of other Users, without our express written consent.
You may choose to or we may invite you to submit comments or ideas about the Service, including, without limitation, suggestions about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.
4. THIRD-PARTY LINKS AND INFORMATION
The Service is integrated with, may provide you with links to, or may otherwise interact with third party applications, websites, devices, and services (“Third Party Services”) to make the Service available to you or to make available products or services of third parties, which are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such Third Party Services. If you access a Third Party Service from the Service, share your User Content on or through any Third Party Services, or use a Third Party Service to register for or log in to the Service, you do so at your own risk, and you understand that those Third Party Services may have their own terms and conditions of use and privacy policies, and that these Terms of Use and our Privacy Policy do not apply to your use of such Third Party Services. When you click a link for one of these Third Party Services, or use a Third Party Service that is integrated into the Service while using the Service, we will not warn you that you have left our Service or that you are using such Third Party Service at that time. We do not own or control any such Third Party Services and do not assume any responsibility for the content, privacy policies or practices of such Third Party Services. You expressly relieve the Company from any and all liability arising from your use of any Third Party Services. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. To the extent that there is a conflict between any provisions in these Terms of Use and the Third Party Services’ terms of service as to use of the Service, these Terms of Use will govern. See our Privacy Policy for more information regarding the Third Party Services that may be used on the Service and how the Company collects, uses and discloses your personal information to such Third Party Services.
5. SOCIAL MEDIA AND OTHER SERVICES
While using the Service, you have the option of granting us access to your account(s) with certain third-party social media and other services, such as Google, Facebook, Instagram, Flickr, Twitter, Tumblr and others (each, an “SNS”). Provided an SNS permits this, we can capture and make available on the Website the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Website. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Website. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Website. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any SNS Content from that SNS may no longer be available on the Website. You have the ability to disable the connection between the Website and your SNS account(s), at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS, THE STORAGE OF SUCH CONTENT, AND YOUR PRIVACY IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
6. MAKING PURCHASES
You acknowledge that the Company reserves the right to charge for some or all of the products and services it offers and to change its fees from time to time at its discretion. If you wish to purchase any products or services through the Service, we may ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Billing will be processed immediately upon purchasing a product and/or service. If we modify, suspend, remove, discontinue or terminate your access to the Service, product, email address or User registration, you will forfeit any pending, current or future account credits and any other forms of unredeemed value in your account without notice and you shall not be entitled to a refund. All sales are final. There are no refunds.
The Company is a service provider. We are not a bank, credit union, payment processor or other financial institution. Products are purchased via a third-party payment vendor, which is Stripe. Transactions processed via the Service may be subject to the terms and conditions and privacy policies of the applicable payment vendor. The Company takes no responsibility and assumes no liability for any actions or omissions of such third party.
To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any User with any product or service.
Title and risk of loss for any purchases pass to you upon delivery of the product to a carrier by us or our fulfillment partners. We and our fulfillment partners reserve the right to ship partial orders (at no additional cost to you).
You understand that the prices for items displayed through the e-commerce store may differ from the price offered for the same item available at other third-party websites and that such prices may not be the lowest prices at which the item is sold. All prices and fees are quoted in U.S. Dollars.
From time to time, certain of our products may be offered for purchase via Third Party Services. Your interactions with Third Party Services found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Services as described above. A product purchased from any Third Party Service through the Service is governed by and subject to the applicable Third Party Services’ policies, including applicable exchange and shipping policies. You agree that we are not agents of any Third Party Services and that Third Party Services operate independently and are not under our control. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
At any time, to request removal of your purchased product from the Website and/or to discontinue future recurring billing charges in connection with a purchased product and/or service, e-mail Customer Support at Support@LifeWeb360.com with your request. In the event that you request that the recurring billing charges in connection with a purchased product and/or service be discontinued, the applicable product or service will be removed from the Website at the expiration of the then-current term.
7. CONTESTS AND SWEEPSTAKES
In addition to the terms and conditions of these Terms of Use, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through our Service may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms of Use. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules will control.
8. WEB ADDRESSES (URLS)
As part of our Service, we may provide you with access to and use of certain personalized LifeWeb pages and the corresponding web addresses (URLs) you choose. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
9. CALIFORNIA RESIDENTS
The provider of services is LifeWeb 360 Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
10. PRIVACY POLICY
We care about the privacy of our Users. Your use of the Service is subject to our Privacy Policy. To view the LifeWeb Privacy Policy, please click here: https://www.lifeweb360.com/privacy-policy.
11. SECURITY
The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. TERMINATION
You may terminate these Terms of Use by discontinuing use of any and all parts of the Service. The Company may, in its sole discretion and without prior notice, immediately terminate your account and access to all or any part of the Service. Cause for such termination or status change shall include, but not be limited to:
Breaches or violations of the Terms of Use or other incorporated agreements or guidelines;
Requests by law enforcement or other government agencies;
A request by you (self-initiated account deletions);
Discontinuance or material modification to the Service (or any part thereof);
Unexpected technical or security issues or problems;
Engagement by you in fraudulent or illegal activities; or
Nonpayment of any fees owed by you in connection with the Service or any other Company products or services.
Termination of your account or access using your verified email address includes:
Removal of access to all pages within the Service;
Deletion of your password and all related information, files and materials, including User Content associated with or inside your account or email address (or any part thereof); and
Barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
13. INDEMNITY
You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors (individually a “Company Party” and collectively the “Company Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, expenses, including, without limitation, reasonable attorneys’ fees (collectively “Losses”), incurred by the applicable Company Party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service or other Company services, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHANGES ARE PERIODICALLY MADE TO THE SERVICE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY:
1. THAT THE SERVICE OR ANY OTHER COMPANY SERVICES WILL MEET YOUR REQUIREMENTS;
2. THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
3. AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF ANY CONTENT ON THE SERVICE;
4. AS TO WHETHER THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR
5. AS TO WHETHER ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
U.S. FEDERAL LAW, SOME STATES AND PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PERSONAL, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
ANY OTHER MATTER RELATING TO THE SERVICE OR LIFEWEB.
IN NO EVENT SHALL LIFEWEB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
16. GOVERNING LAW
You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. The Company makes no claims or assurances that the Service is appropriate or may be downloaded outside of the United States. You agree that, subject to Section 17, all legal proceedings arising out of or in connection with these Terms of Use or the Service must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
17. ARBITRATION
At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law. For any dispute with the Company, you agree to first contact us at Support@LifeWeb360.com to attempt to resolve the dispute with us informally.
18. CLASS ACTION, JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
19. GENERAL
19.1 Notice
The Company may provide you with notices, whether such notifications are required by law or are for marketing or other business related purposes, including those regarding changes to the Terms of Use, by email, regular mail or postings on the Website, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. The Company may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically.
19.2 Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned or delegated by the Company without restriction. Any attempted transfer, delegation or assignment in violation hereof shall be null and void.
19.3 No Waiver
No waiver by you or the Company of any breach, default, or failure to exercise any right allowed under these Terms of Use constitutes a waiver of any preceding, subsequent breach, default, waiver, or forfeiture of any similar or future rights under these Terms of Use. As such, the Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that the Company may at any time choose to take an action that it is permitted or legally entitled to take, even if the Company has not taken such an action in the past, in the same or a similar situation.
19.4 Severability
Except as otherwise provided herein, if any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
19.5 Entire Agreement
These Terms of Use, including, without limitation, the incorporated Privacy Policy, and other terms incorporated by reference herein, as well as any supplemental agreement between us and any specific Users, constitutes the final, complete and exclusive agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
19.6 Headings and Interpretation
The section headings used herein are for convenience only and shall be of no legal force or effect.
20. VIOLATIONS OF THESE TERMS OF USE
Please report any violations of the Terms of Use, including objectionable User Content or behavior, to Support@LifeWeb360.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, the Company in its sole discretion may investigate the matter and take such action as the Company determines to be appropriate.