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.
If you are a parent or guardian, you provide your consent to your child’s use of the Website and the Services and you agree to be bound by the Terms with respect to their use of the Website and the Services.
The Website and the Services are the property of Life is Tech and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the Terms, we grant you a non-transferable, non-exclusive, worldwide license to use the Website and the Services (the “License”). 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.
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 copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Website, the Services, or any portion thereof. The Website and the Services are owned entirely by Life is Tech and its licensors, and no right or title is transferred to you.
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 assume any responsibility for any such third-party sites, information, materials, products, or services. 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 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.
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.
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OF IMPLIED. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE THAT THE SERVICE WILL BE ERROR-FREE, THAT ERRORS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR SECURE, THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY SERVICES OR PRODUCTS ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR WITH RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
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, 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.
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.
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.
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.
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.
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.
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.
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