Terms of Service

 

Effective date: January 1, 2018.


Please read these Terms of Service (the “Terms”) carefully. By accessing or using any of the Internet-based websites, application-based services (“apps”), or other products or services of LYFEproof, Inc., a Delaware corporation (d/b/a LYFEproof or https://lyfeproof.com, and all subdomains) (“LYFEPROOF, INC.,” “we,” “our,” or “us”), including accessing any of the Content (defined below) located within or on such website and/or apps, or by accessing or using any of the services, content, features, or functionality that are made available by other companies through any of our Internet-based websites, apps, or other products or services (collectively, “Services”), you (interchangeably, with and without others, either separately or collectively, “you” or “user”) agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use our Services.

If you use any of the services, features, or functionality that is made available by a third party in connection with or through our Services, the specific terms of use and privacy policy (or equivalent agreements) of each such third party will govern the specific service, feature, or functionality provided by the respective third party, and we advise you to read such third party’s terms of use and privacy policy.

By using our Services, you affirm that you are at least 18 years of age and that you are fully able and competent to agree to be bound by these Terms, including all representations, warranties, and obligations, or, if you are not 18 years of age, that your parent or guardian consents to your use of the Services and agrees to be bound by these Terms, including all representations, warranties, and obligations. In addition, you affirm that you are not currently in any way precluded from using the Services, that you have not previously been precluded from using the Services, and that we have not in any way discontinued, suspended, other otherwise blocked your use of the Services due to any failure by you to comply with the then-effective terms of use for the Services.

LYFEproof reserves the sole right and discretion to do any of the following at any time and for any reasons, without any notice to you: refuse to provide the Services or any portion of them to any person, or to discontinue, suspend, or block the Services (including only or specifically your use of the Services).

ARBITRATION NOTICE: These Terms contain provisions that govern how disputes between you and us may be resolved. It is important for you to understand that, except for certain circumstances outlined below, by using our Services you agree to binding arbitration and you waive any right to participate in a class-action lawsuit or class-based arbitration.

Privacy

By using the Services you agree to our Privacy Policy with respect to your information. Our Privacy Policy is available at the following URL: https://lyfeproof.com/privacy-policy.

Services, Content, Intended Use

LYFEPROOF has developed and maintains an integrated database and online suite of certain content and materials relating to human and personal health, fitness, nutrition, mind and body, and overall wellness and wellbeing, which consists of, but is not limited to, written material such as articles, reports, studies, statistics, findings, and opinions, visual presentations and graphics, such as graphs, charts, photographs, and drawings, and audio and video recordings, such as instructional videos demonstrating exercises, yoga poses, and meditation poses, and any other such content as may be developed from time to time (the “Content”). The Services are designed and are intended to provide the you with access to the Content. Please note that you access or use the Services from a mobile devise, you may incur data charges associated with such access or use. LYFEPROOF shall not be liable for, nor have any responsibility for, any such data charges (including any data overages).

Account Information from Third Party Sites

In order to use LYFEPROOF, INC. and the Services, you will be required to create an account, which will require certain information about you, including your email address, name, and password (“Account Information”). Your failure to provide us with accurate and current Account Information may impair our ability to provide you with effective Services. We are not responsible for unauthorized access to your LYFEPROOF, INC. account. You will contact us immediately if you believe an unauthorized third-party may be using your LYFEPROOF, INC. account or if your LYFEPROOF, INC. account information is lost or stolen.

Password and Account Security

Although we take reasonable measures to ensure the security of the Services, you are responsible for all activity in connection with your LYFEPROOF, INC. account. We encourage you (and you are solely responsible) to ensure that you keep your username and password safe and secure from other users or third parties. LYFEPROOF, INC. will have no responsibility or liability for any loss, claim, obligation, or damage that occurs if your LYFEPROOF, INC. account is used or accessed by any other user or third-party (whether authorized or unauthorized).

User Feedback

Any feedback, suggestions, or comments that you provide to us or to any user through the Service (whether through posting, email, online messaging services, or other means) is done so voluntarily by you, and we may use (or not use) any such feedback, suggestion, or comment, in any way (including new ways to promote the Services, or the development of new functions or features in connection with the Services or the Content) without any obligation to you or from any other person with which we have a business relationship. We will not be liable to you or any other party for the use of any such feedback, suggestions, or comments.

User’s License to Use the Services

All right, title, and interest in and to the Services and the Content is and shall remain the property of LYFEPROOF, INC., its affiliates, or licensors (as the case may be). The Services and the Content are and may be protected by various laws, including copyright, trademark, patent, and/or other intellectual property laws in the United States of America and elsewhere. Nothing in these Terms grants to any user any ownership interest in the Services or the Content, including any intellectual property rights, nor does anything in these Terms grant to any user any rights in or the right to use, copy, reproduce, or distribute any of the Content or the names, trademarks, logos, websites, domain names, or any other features of LYFEPROOF, INC.’s business.

Notwithstanding the foregoing, LYFEPROOF, INC. hereby grants to you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable, worldwide, license to use the Services and its functions in accordance with these Terms (as may be amended from time to time, the “Services License”). LYFEPROOF, INC. reserves all rights that are not expressly granted in the Terms. The Services License is revocable by us at any time and for any reason—without any notice to you. The Services License is intended for personal use only, and does not permit you to use the Services, or anything contained therein or thereon (including but not limited to the Content, designs, text, graphics, images, video, information, logos, software, audio files, and computer code) for any business or commercial purpose. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.

Prohibited Uses of the Services

You are not permitted to do, or attempt to do, any of the following in connection with the Services:

  • any action that is illegal, or that is not authorized by these Terms or the terms of any third party that provides (or otherwise assists us with providing) any part of the Services;

  • use any portions of the Services that you are not authorized to use;

  • probe, scan, or test the vulnerability of our computer systems or networks (nor those of any third-party with which we have a business relationship);

  • breach or compromise the security of the Services;

  • forge any information (including TCP/IP packet headers) that is used in connection with or posted on the Services, or use the Services to send any altered, deceptive, or false source-identifying information, communications, or emails;

  • interfere with, disrupt, or inhibit any other user from using the Services or any portion of them, or otherwise damaging, disabling, overburdening, or impairing the functionality of the Services;

  • interfere with or disrupt use or access to the Services, including with respect to any server, host, or network in connection with the Services;

  • use any robot, spider, crawler, scraper, or other automated means of extracting data from the Services;

  • impersonate another user or use or access another user’s account without that user’s authorization;

  • use the Services to send any unsolicited emails, messages, spam, or other content;

  • reverse engineer, decipher, decompile, or disassemble, or permit any other party to do any of the foregoing, with respect to all or any portion of the Services;

  • harass, intimidate, or stalk any other user, or perform any other conduct that is predatory in nature or otherwise in violation of any law;

  • develop or create any third party applications that interact with the Services without our prior written consent;

  • buy, sell, rent, lease, or otherwise offer in exchange for any value or compensation whatsoever, or without any value or compensation whatsoever, (i) use of or access to your LYFEPROOF, INC. account or the LYFEPROOF, INC. account of another user, or (ii) any portion of the Content, whether the Content is made available through the Services or you otherwise obtain it from another source;

  • misrepresent your affiliation with any person or entity or otherwise impersonate any person or entity;

  • use any portion of the Services or the Content for any purposes not authorized by these Terms;

  • copy, repost, disseminate, circulate, publish, or otherwise display in any way, any portion of the Content, whether the Content is made available through the Services or you otherwise obtain it from another source.

Copyright Policy and Notice

We will make commercially reasonable efforts to comply with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws in connection with the Services, which may include removing (without notice) any Content or other material in connection with the Services and otherwise taking any actions otherwise permissible by these Terms.

If you believe that there is Content or material in connection with our Services that infringes on any copyright that you own or control, you will notify us by sending an infringement notice with our designated agent as follows:

LYFEproof, Inc.

Attn: Brendan Weafer

c/o LYFEproof, Inc.

240 West 30th Street

New York, NY10001

Your notice to our Copyright Agent must comply with the DMCA. Accordingly, your notice must include substantially the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has 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.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers

Disclaimer of Warranties

Your access and use of the Services is at your own risk. THE SERVICES, THE CONTENT, AND ALL DATA AND INFORMATION OBTAINED VIA THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO AND UNDER APPLICABLE LAW, LYFEPROOF, INC. MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, THE CONTENT, OR YOUR USE OF THE SERVICES, THE CONTENT, OR ANY DATA OR INFORMATION OBTAINED VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE

The Services, the Content, and all data derived from the Services, including written materials, audio, video, text, or other formats may contain information, studies, research, opinions, findings, or results relating to human and individual health, fitness, nutrition, and overall wellness and wellbeing. Any and all such information, studies, research, opinions, findings, or results were created and/or provided by LYFEPROOF, INC. (whether through the services, the content, or otherwise) for informational purposes only. The Services, the Content, or other data derived therefrom is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. LYFEPROOF, INC. makes no representation and assumes no liability or responsibility for the accuracy or reliability of the Services, the Content, or any data or information derived therefrom, all of which is subject to change for various reasons, including, but not limited to, new or changing research, opinions, findings, or data, and some or all of which may change at any time without notice. You are encouraged to confirm any and all information obtained via the Services with other sources, and to review all information regarding any medical condition or treatment with a medical professional. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the Services. Your use of the Services and the Content is purely at your own risk.

In addition, LYFEPROOF, INC. makes no warranty or representation and disclaims all obligations in connection with any of the following: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your device, any loss of data, or any other harm in connection with the Services; (iii) the deletion of, or the failure to store or to transmit, any Content; or (iv) the Services’ ability to satisfy your expectations or requirements or to be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or a third party in connection with the Services, will create any warranty or representation, express or implied, not expressly made by use in these Terms.

Third Party Sites and Services

The Services may provide links to, or the Services may be linked from, third party websites, services, or resources (“Third Party Websites”). When you use or access any Third Party Websites, you do so at your own risk. The Third Party Websites are not controlled by us. Accordingly, we do not have any obligation in connection with the content, functions, accuracy, legality, appropriateness, or any other aspect of any Third Party Websites. By including any link to a Third Party Website in connection with our Services, we do not endorse in any way and we do not imply or create any association or relationship with any Third Party Website. We are not liable, directly or indirectly, for any harm or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third Party Website.

Limitation of Liability

In no event shall LYFEPROOF, INC. be liable for any incidental, special, indirect, punitive, or consequential damages, specifically including lost profits, lost savings, or lost business opportunity, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from or related to: (i) your use of, or inability to use, the Services, including our termination, suspension, or revocation of your LYFEPROOF, INC. account; (ii) any material or content on or received through the Services that may be inaccurate, out-dated, offensive, defamatory, or illegal conduct; or (iii) any unauthorized use of or access or modifications to your LYFEPROOF, INC. account. The foregoing limitation of liability shall apply to all theories of law, including claims based on breach of contract, tort, strict liability, breach of warranties, or failure of essential purpose, and even if LYFEPROOF, INC. has previously been advised of any such damages.

Notwithstanding the foregoing, to the fullest extent permitted by law, in the event that LYFEPROOF, INC. is found liable for any damages arising out of or relating to these Terms, the aggregate liability of LYFEPROOF, INC. shall not exceed $1.00.

Indemnification

You shall defend, indemnify, and hold harmless LYFEPROOF, INC., its shareholders, officers, directors, employees, affiliates, successors, licensors, agents, and third-party service providers (“Indemnified Part(y)ies”) fully for any and all costs, liabilities, damages, debts, demands, obligations (including attorneys’ fees and costs) incurred by or threatened against any Indemnified Party, in connection with any of the following: (i) your access to and use of the Services, including the viewing, use, or reliance upon any Content; (ii) any action by you or failure to act that violates the rights of another person or entity, including privacy, confidentiality, intellectual property, or proprietary rights; (iii) any action by you or failure to act that is illegal or that violates any applicable law, statute, rule, or regulation; (iv) your violation of these Terms; and (v) our reasonable investigation into any suspected violation of these Terms by you.

Arbitration Agreement and Waiver of Class Action

You and LYFEPROOF, INC. agree to the following regarding binding arbitration (the “Arbitration Agreement”). In connection with the Services, you and LYFEPROOF, INC. shall use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If we are unable to amicably resolve such matter, all claims arising out of or relating to this Arbitration Agreement (including its formation, performance and breach), the Terms, our relationship to each other, or either party’s use of or access to the Services or the Content thereon, shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”). A court has limited authority to review or overturn an arbitration award or the decision resulting from your agreement to be bound by arbitration.

Arbitration Rules; Non-Appearance Arbitration

Any arbitration in connection with the Services shall be on a confidential basis in accordance with the provisions of the AAA’s Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions (the “AAA Rules”). The AAA Rules, as well as other useful information regarding arbitration (including how to initiate arbitration) may be accessed at the AAA’s website (LYFEPROOF, INC..adr.org) or by calling/contacting the AAA as provided on their website. In order to help alleviate costs, at the option of the party seeking relief, claims or disputes seeking a total award of less than $10,000.00 may be resolved through binding non-appearance-based arbitration. Such non-appearance-based arbitration may, at the option of the party seeking relief, be conducted by telephone or other remote communication technique (such as online or Skype), or based solely on written submissions. For claims or disputes seeking a total award of $10,000.00) or more, the right to a hearing will be determined by the AAA Rules.

Authority of Arbitrator

The arbitrator (who shall be a member of AAA), shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Arbitration Agreement shall be governed by the Federal Arbitration Act.

Waiver of Jury Trial

You and LYFEPROOF, INC. waive any and all constitutional or statutory right to go to court and have a trial by judge or jury. If any litigation between you and LYFEPROOF, INC. arises in any state or federal court (such as to enforce or appeal an arbitration award), you and LYFEPROOF, INC. waive all rights to a trial by jury and instead elect to have such dispute be resolved by a judge.

Class Action and Class Arbitration Waiver

All claims and disputes coming within the scope of this Arbitration Agreement shall be arbitrated on an individual basis only, and not as a class action or other representative action. You and LYFEPROOF, INC. expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then you and we shall be deemed to have not agreed to arbitrate disputes and all disputes shall be resolved as otherwise set forth in the Terms.

Exception – Small Claims

Notwithstanding this Arbitration Agreement, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Exception – Injunctive Relief

Notwithstanding this Arbitration Agreement, LYFEPROOF, INC. reserves the right to seek injunctive relief from a court of competent jurisdiction to enforce this Arbitration Agreement or to stop any infringement or other violation of any intellectual, proprietary, or third party rights.

Right to Waive

Any or all of the rights and restrictions set forth in this Arbitration Agreement may be waived by the party against whom the dispute or claim is asserted. However, any such waiver shall not affect or be deemed a waiver of any other portion of this Arbitration Agreement.

Termination of Terms

You may terminate these Terms at any time, with or without reason or notice to us, by deactivating or deleting your LYFEPROOF, INC. account. However, the Terms that were in effect at the time of your termination shall govern any claim or matter, or the occurrence of any event or any circumstances, in connection with the Services before such termination. If your LYFEPROOF, INC. account is inactive or dormant, as opposed to deactivating or deleting your account, these Terms will remain in full force and effect.

LYFEPROOF, INC. may suspend or terminate your use of the Services and your LYFEPROOF, INC. account, or otherwise cease providing the Services to you, at any time for any reason, including but not limited to any of the following: (i) you violate any these Terms (without any right for you to cure such violation); (ii) if the Services or your continued use of the Services causes any actual or potential violation of any law; (iii) we decide for any reason to change or to no longer provide the Services (or any portion thereof). In the event of any such suspension, termination, or discontinuance of the Services, we may make reasonable efforts to provide you with notice through the email address associated with your Services account or the next time that you attempt to log in to use the Services.

Upon such suspension, termination, or discontinuance of the Services, these Terms shall terminate, including the Services License. Notwithstanding any termination of these Terms, any clause or provision in these Terms that explicitly or is reasonably contemplated to survive the termination of these Terms shall survive—including Sections 4, 5, 6 (except the Services License), 7, 8, 9, 10, 11, 12, and 13.

Miscellaneous Provisions

Waiver and Severability

LYFEPROOF, INC.’s failure to enforce any right or provision of these Terms will not be deemed a waiver of, or the ability to later enforce, such right or provision. If any provision of these Terms (except for Section 11.D. (Class Action and Class Arbitration Waiver)) is found by a legally binding authority to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Applicable Law; Venue and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to or application of conflict of law provisions. In the event any lawsuit is permitted by the Arbitration Agreement or these Terms, such lawsuit will be brought solely in the federal or state courts located in New York County, New York, and you consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

Entire Understanding

These Terms, together with the Privacy Policy, encompass our entire agreement as relates to our providing you with the Services, and these Terms supersede and replace any contemporaneous and any previous understandings or agreements between LYFEPROOF, INC. and you in connection with the Services. Except for a user’s and our valid successors-in-interest, there are no third-party beneficiaries to these Terms.

Modifications to Terms

We may make any changes to these Terms at any time and in our absolute sole discretion. If we make any change that is material to these Terms, we will notify you through the email address associated with your Services account or the next time that you attempt to access the Services. Your continued use of the Services after any such changes will constitute your acceptance of such changes.

Questions and Comments

If you have any questions, comments, suggestions, or feedback regarding these Terms or the Services, we encourage you to email us at: info@lyfeproof.com.