We may amend or update these Terms from time to time without notice. The Terms may have changed since your last visit to the Website. It is your responsibility to review these Terms for any changes.
1. Copyrights and Trademarks
The Website, the content therein, and the Services are the sole property of Life is Tech and/or its licensors, are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws, and may not be used except in accordance with these Terms or with Life is Tech’s express written consent. Subject to the Terms, other than as necessary for your use on the Website, Life is Tech grants no other privileges or rights in the content to you, and you must keep intact all patents, copyright and other proprietary notices on the content. Any content owned by Life is Tech’s licensors may be subject to additional restrictions. Nothing in the Terms grants you a right to use the Life is Tech names, trademarks, logos, domain names and other distinctive brand features without Life is Tech’s prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
2. Use of the Website and the Services
The Website and the Services are for your personal use only. You may not use Life is Tech’s Website or Services for commercial use. You agree not to (i) modify, copy, distribute, transmit, display, perform, publish, license reproduce, reverse-engineer, create derivative works, transfer or sell any content, other than for your use on the Website as expressly permitted in these Terms; (ii) access or attempt to access any systems or services on which the Website is hosted or modify or alter the Website in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or from the Website; or (is) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any Services conducted on the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Website solely for your own non-commercial use.
3. Third-Party Links and Content
The Website and the Services may contain links to third-party websites and content that are not owned or controlled by Life is Tech. We do not have any control over these linked sites, all of which have separate privacy and data collection practices, independent of Life is Tech. Life is Tech has no responsibility or liability for any such third-party sites, information, materials, products, or services. Links do not imply that Life is Tech sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such thirds-party sites. If you access any third party website, service, or content from the Website or the Services, you do so at your own risk and you agree that we will have no responsibility or liability arising from your use of or access to any third-party website, service, or content.
Information sent or received over the internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
6. Return Policy
All sales are final and you have no right to a refund or to return any books or other materials relating to the Services, except:
- If, upon notification by you, we, in our sole discretion determine that the Services or any related books or other materials are defective; or
- If you return the all books and any other materials relating to the Services unopened to us within 15 days from the date of receipt without commencing any use of the Services.
All sales are final and you have no right to a refund or cancel or to return any materials relating to the Services, except:
- If, upon notification by you, we, in our sole discretion determine that the Services are defective; or
- If you notify us of your cancelation within 24 hours from the time of your receipt of the login information of the Services (i.e. ID and Password of Codeillusionn Prime).
To request any replacements or returns, please contact Life is Tech in accordance with Section 17.
7. Disclaimer of Warranties
Life is Tech makes no warranties or representations about the accuracy or completeness of the content on the Website or the content of any third-party site. Life is Tech does not filter advertisements or other content that children may view through third-party sites, and they could receive content and materials from the third-party sites that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
8. Limitation of Liability
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (1) THE USE OF OR INABILITY TO USE THE SERVICES; (2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (5) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFE IS TECH’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID LIFE IS TECH IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to release, indemnify, defend and hold harmless Life is Tech, Life is Tech’s members, officers, directors, employees, affiliates, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (1) your access, use or misuse of, or reliance upon the Website or the Services, (2) your actual or alleged violation or breach of the Terms or rights of another, and/or (3) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of the Terms.
10. Term and Termination
We may terminate or suspend the License or your account at any time for violation of the Terms, with or without notice to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of Life is Tech, its users and the public. You agree that we shall not be liable to you or any third party in the event of such termination of access to the Website or the Services.
11. Governing Law and Arbitration
The Terms shall be governed by and construed under and pursuant to the laws of Delaware applicable to contracts made and to be performed entirely within such State without regard to the Delaware conflicts of laws principles. Any dispute, controversy or claim arising under or in connection with the Terms that cannot be settled amicably shall be finally settled under the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “Arbitration Rules”) by one arbitrator, who must be an attorney with substantial knowledge of Delaware law and substantial experience in arbitrating commercial disputes under the Arbitration Rules. You and Life is Tech may, by agreement, nominate an arbitrator, but if no sole arbitrator is nominated within thirty (30) days from the date the claimant’s request for arbitration was served on the other party, the sole arbitrator shall be appointed by CPR in accordance with the Arbitration Rules. Unless otherwise agreed, arbitration proceedings will be held in Los Angeles, California. The award rendered by the arbitrator will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived.
Furthermore, you agree that:
Any and all disputes, claims and causes of action against Life is Tech arising out of or connected with your use of the Website or the Services shall be resolved individually, without resort to any form of class action; and
Any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.
If any term or provision of the Terms is held to be void or unenforceable, that term or provision will be severed from the Terms, the balance of the Terms will survive, and the balance of the Terms will be reasonably construed to carry out the intent of the parties as evidenced by the terms or provisions of the Terms.
13. No Waiver
The failure of Life is Tech to exercise or enforce any right or provision under the Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Life is Tech must be in writing and shall only apply to the specific instance identified in such writing.
14. No Transfer
You may not transfer, assign or sell your account, the Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without Life is Tech’s prior written consent. We may assign the Terms without restriction.
15. Entire Agreement
The Terms constitute the entire understanding and agreement between you and Life is Tech with respect to the subject matter of the Terms. There are no agreements, understandings, restrictions, representations, or warranties other than those in the Terms or referred to or provided for in the Terms. The Terms may only be amended by you in a written instrument signed by both you and Life is Tech.
16. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Contact Us
If you have any questions about the Terms or if you wish to make any complaint or claim with respect to the Website or the Services, please contact us at: firstname.lastname@example.org