End User Licensing Agreement

Section One: Privacy Policy

LifeBrand Inc., (“LifeBrand”, “we,” “us,” “our”), takes the security and privacy of your personal information very seriously.

We want you to be familiar with how we collect, use, and disclose information relating to you, your computer, or your device and that enables your identification (the “Personal Information”). This Privacy Policy describes our practices with information that we collect through our websites, applications, and our network-connected products and services that link to this Privacy Policy (collectively, the “Platform”). This Privacy Policy only addresses information collected directly through or from the Platform – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Platform, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. By accessing and using the Platform, you agree to the terms and conditions of this Privacy Policy.

If you have any questions concerning this Privacy Policy, please contact LifeBrand by email at info@lifebrand.life.

1. Information We Collect

a. Information You Provide

‍Some elements of the Platform will ask you to submit Personal Information in order for you to benefit from the specified features or to participate in a particular activity. For example, we may request Personal Information from you when you purchase products on the Platform, including your name, billing address, shipping address, payment information (including credit card number), email address, and phone number. You may also have the opportunity to submit other data and information about yourself and your surroundings, such as your present location, another location of interest, or information related to your social media presence. You will be informed what information is required to utilize these features of the Platform, and what information is optional.

If you contact us, we will keep a record of that correspondence. You may also voluntarily provide information to us if you complete a survey or answer questions about your experience with the Platform.

We may combine the information you submit through the Platform with other information we have collected from you, whether on- or offline. We may also combine it with information we receive about you from other sources, including publicly available information sources (such as publicly available social media profiles) as well as our service partners and data licensors, in compliance with applicable laws. We may inform you of other information collected by or through the Platform at the point of collection.

b. Post Data

‍Our Platform allows users to scan historical posts associated with their social media

platform accounts (“Posts”) to identify and remove potentially offensive posts. We collect

data, including Personal Information, associated with Posts, such as the name or handle ofthe social media platform user that submitted the Post, the date of the post, any Personal

Information contained within the Post itself, and information associated with your review

and categorization of such posts, including whether you choose to delete them (“Post Data”).

c. Passive Information Collection, Use, and Choices

‍As you navigate the Platform, certain Personal Information may be passively collected, meaning it is gathered without you’re actively providing it. We may collect and store such information automatically whenever you interact with the Platform.  This is done using the following technologies in the following ways:

i. Through your browser:

Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version screen resolution, and Internet browser type and version.

ii. Through your device:

If you access the Platform through a mobile device or other network-connected product, certain information may be collected about that device, including your device type, network service provider, and other identifiers. We may collect unique device identifiers (such as IDFA and AID tags and UUID and UDID identifiers) associated with the device you use to access the Platform.

iii. Using cookies:

Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to collect information such as browser type, time spent on the Platform, pages visited, and language preferences. We and our service providers use this information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Platform. More specifically, we use cookies to:gather statistical information about use of the Platform in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it; select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Platform and on other websites, applications, and online services that you use; and track consumer responses to online advertisements. To learn more about cookies, please visit http://www.allaboutcookies.org.

1v. Using Monitoring Tools:

The Platform may utilize pixel tags, web beacons, clear GIFs, Flash Shared Objects, HTML5 Local Storage, HTML5 Mini Databases, and other similar technologies (collectively, “Pixel(s)”), both on certain aspects of the Platform and in HTML-formatted e-mail messages to you. These monitoring tools are used for the purpose of, among other things, measuring the success of our marketing campaigns, compiling statistics about Platform usage and response rates, and tracking the activities of users of the Platform and e-mail recipients.

v. IP Address:

Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Platform, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many online service providers, including website operators. We use IP Addresses for purposes such as calculating Platform usage levels, helping diagnose server problems, and administering the Platform.

vi. Analytic Tools:

We also use tools and third-party services to collect information about usage of the Platform, including Google Analytics. You can learn more about Google Analytics, and its privacy practices, at the Google Analytics Help Page. Generally speaking, Google Analytics collects information on how often users visit the Platform, what aspects of the Platform they visit when they do so, and what other websites users visited prior to accessing the Platform. The Platform makes use of Google Analytics services for Demographics and Interest Reporting as well as Display Advertising features, including Remarketing, Google Display Network Impression Reporting, and DoubleClick Campaign Manager integration. You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads through the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.

vii. Location-Based Features:

We may use information about your location to conduct analytics, to improve the Platform, and to provide certain location-based features and services, as further described in this Privacy Policy and as otherwise described to you at the point of collection. To provide these location-based features, in addition to the information about your location that you voluntarily submit through the Platform, we may also access information about your location using automated means. We generally will collect information about your latitude, longitude, and the date and time when you accessed the Platform. We may disclose location information as described in Section 2(a) of this Policy. Some services on the Platform may continuously track your location information to allow our third-party advertising partners to deliver advertisements that are relevant to your current location. Depending on how you access the Platform, your web browser or your mobile device operating system may inform you that the Platform would like to collect your location and request permission to do so. If you allow such access, the Platform will collect your location information. If you decline, you will need to manually enter your location information to utilize certain features of the Platform.

If you are uncomfortable with the idea of your Personal Information being collected and used in these ways, most computer systems, devices, and web browsers offer privacy settings and options, such as disabling cookies, resetting your IDFA, and turning off location-based services. See Section 2(d) below for more information on opting out of Interest-Based Advertising. We do not override these settings or options and encourage you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits of the Platform, you may be required to provide us with certain information. If you do not wish to provide that information through the Platform or if you opt to utilize the aforementioned privacy features, you may be unable to obtain certain content, features, services, products, or benefits of the Platform. Changing these settings will not prevent you from seeing advertisements and offers, but those advertisements and offers may not be tailored to your interests and needs.

d. Social Media and Other Third Party Platforms.

You may engage with our content, such as video, applications, and other offerings, on or through social media services or other third-party platforms, such as Facebook, Twitter, and Pinterest. When you engage with our content on or through social media services or other third-party platforms, plug-ins, integrations, or applications, we may have access to, and store, certain information in your profile with that service or platform. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third-party platform or social media account user files, photos and videos, your list of friends or connections, people you follow and who follows you, and your posts and “likes.” For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform.

2. How We Use and Disclose Information

a. Overview of Use and Disclosure 

We use Personal Information for the purposes described in this Privacy Policy and as otherwise described to you at the point of collection. Except as otherwise provided herein, we do not sell, trade, or rent your personal information to others. Specifically, we may use Personal Information from or about you:

i. to provide the requested services and process transactions with you;

ii. to communicate with you and respond to your inquiries;

‍iii. to customize the content or services on the Platform for you and to present products and offers tailored to you;

iv. to send you important information regarding our relationship with you or regarding the Platform, such as changes to our terms, conditions, and policies, and other administrative information;

v. to operate, evaluate, and improve our business, including developing new products and services, managing our communications, analyzing our Services and customer base, conducting market research, aggregating and anonymizing data, performing data analytics, and undertaking accounting, auditing, and other internal functions;

vi. to train artificial intelligence models that help identify and flag relevant Posts;

vii. to protect against, identify, and prevent fraud and other criminal activity, claims and other liabilities; and

viii. to comply with and enforce applicable legal requirements, relevant industry standards, and our policies, including this Privacy Policy and the applicable Terms of Use for a Service.

ix. to promote our products and services, and the products and services of our third-party business partners; and

x. for our business purposes, such as data analysis, audits, developing new products, enhancing the Platform, improving our products and services, identifying Platform usage trends, and determining the effectiveness of our promotional campaigns.

We may use any information that does not personally identify you, your computer, or your device, for any purpose.

In order to provide the features and services made available through the Platform and accomplish the goals described in this Privacy Policy or at the point when we collect the information, we disclose your Personal Information as described below and as specifically described elsewhere in this Privacy Policy or at the point we collect information from you:

  1. to our affiliates and subsidiaries for the purposes described in this Privacy Policy;
  2. to unaffiliated third parties (such as data brokers, marketing companies, and IT service providers), including by sharing or selling demographic information, location data, advertising and device identifiers, IP address, and usage statistics to our advertising partners and other third parties, some of whom may use it to offer promotions to you for other products and services;
  3. to our third-party service providers who provide services to us, such as website hosting and moderating, mobile application hosting, data analysis, payment processing, infrastructure provision, IT services, customer service, e-mail and direct mail delivery services, auditing services, and other services, in order to enable them to provide those services; and
  4. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

b. Third Party Payment Processor

You may engage with our content, such as video, applications, and other offerings, on or through social media services or other third-party platforms, such as Facebook, Twitter, and Pinterest. When you engage with our content on or through social media services or other third-party platforms, plug-ins, integrations, or applications, we may have access to certain information in your profile with that service or platform. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third-party platform or social media account user files, photos and videos, your list of friends or connections, people you follow and who follows you, and your posts and “likes.” For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform.

c. Additional Use and Disclosures for Legal Purposes 

In addition, we use and disclose Personal Information collected through the Platform as we believe to be necessary or appropriate:

(i) under applicable law, including laws outside your country of residence;

(ii) to comply with legal process;

(iii) to respond to requests from public and government authorities;

(iv) to enforce our terms and conditions;

(v) to protect our operations or those of any of our affiliates;

(vi) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and

(vii) to allow us to pursue available remedies or limit the damages that we may sustain.

d. Interest Based Advertising

We work with a variety of third-party business partners, including advertisers, advertising networks, and advertising and analytics companies that use various technologies to collect data about your use of the Platform, which may include location data. LifeBrand and our third-party business partners may use the aforementioned technologies to:

i. track how you use the Platform, how you arrived at the Platform, and what you do after you leave the Platform;

ii. record and link your devices, including your personal computer and mobile device (this is called cross-device linking); and

iii. provide you with advertisements relevant to your interests, taking into account your use of the Platform and the other websites and online services that you use. Note that these advertisements may be delivered to you on the Platform, on third-party websites and applications, and on a computer or device other than the device from which the information was collected. For example, we provide data about your use of the Platform to Facebook for such advertisement targeting purposes.

This is called “Interest-Based Advertising” or “Online Behavioral Advertising.” While we work with our third-party business partners to improve your experiences with the Platform, we do not control their business practices.

If you wish to opt-out of participating in Interest Based Advertising, you can use some or all of the methods below. If you use more than one device, you should renew your opt-out choices on each such device.

  1. Visit http://www.aboutads.info/choices (for web-based advertising), and
    http://www.aboutads.info/appchoices (for mobile advertising). To learn more, please visit the website operated by the Network Advertising Initiative and Digital Advertising Alliance at www.networkadvertising.org/choices;
  2. For mobile advertising, use your phone operating system’s opt-out setting. For instructions on how to “Limit Ad Tracking” on iOS, please visit https://support.apple.com/en-us/HT202074. For instructions on how to opt out of interest-based ads on Android, please visit https://support.google.com/ads/answer/2662922?hl=en; and
  3. In accordance with industry self-regulatory principles, you should see an active link in or around LifeBrand advertisements that are delivered on other sites using information collected on the Platform, and in or around third-party advertisements that are delivered on the Platform using Interest Based Advertising programs. Clicking on this link will provide information about the companies and data practices that were used to deliver the ad and will also describe how you may opt-out of these advertising programs.

    The Platform does not process Do-Not-Track (DNT) headers transmitted by Web browsers. Our third-party web analytics companies collect information about your online activities over time. These third parties do not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings.

3. Information Related to Minors

Unless otherwise specified, the Services are designed for a general audience and are not directed at children. In connection with the Services, we do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If we learn that we have collected personal information from a child under age 13 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 13 may have provided us with personal information without parental consent, please contact us as specified in the How To Contact Us section of this Privacy Policy.

4. Third-Party Websites and Services

The Platform may also contain links to or utilize the features of third-party websites and other online services, including third-party payment processors, for your convenience with locating information, products, or services that may be of interest. If you access a third-party service from a link on the Platform, any information you disclose to that third party is not subject to this Privacy Policy. In addition, it is possible that these links may be used by third parties or others to collect personal or other information about you.

Some aspects of the Platform may also allow you to interface with other websites, social media, and other online services, such as Facebook. We will diligently work to identify these aspects of the Platform to you, for example, by identifying them with the applicable third-party logos or trade names. By using these interfaces, you will allow us to access information about you from those other online services, including information and other content that you submit to those online services, as described in more detail in in Section 1(e) of this Policy. If you interface with the Platform through your social media account, we may contact you or enable you to share your experience and content via your social media account, which information may be publicly viewed by other users of those services.

We are not responsible for the privacy practices of other online services, including other websites, advertisers, payment processors, and social media. It is your sole obligation to review and understand the privacy practices and policies of third parties. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. The availability of, or inclusion of a link to or interface with, any third-party service on the Platform does not imply endorsement of it by us or by our affiliates. Your use of those other sites and services is subject to the privacy policies of those sites and services, and not this Privacy Policy.

5. Security

The security of your Personal Information is important to us and we are committed to handling that information carefully. We use reasonable and appropriate organizational, technical, and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately notify us of the problem.

6. Data Retention

We generally retain Personal Information for so long as it may be relevant for the purposes identified in this Privacy Policy or at the time the information is collected, unless a longer period of time is required by law.

7. Your Data Rights and Choices

Registered users can update their profile information on the Platform.

We want to communicate with you only if you want to hear from us. If you have signed up to receive electronic newsletters or promotional emails from LifeBrand, including new ideas, special offers, and event information, or to otherwise receive communications about our services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. Should you ever decide to delete your account, you may do so via the Platform or by emailing info@lifebrand.life. You can opt-out of the use of certain cookie-related processing by following the instructions above (Passive Information Collection, Use, and Choices).

If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. If you would like to opt-out of receiving communication via postal mail, contact info@lifebrand.life. LifeBrand will continue to send you non-promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balance on your account, and other emails relating to your account and/or your use of the Platform.

 At your request, LifeBrand will confirm what Personal Information it collects or holds about you, and will correct, update and/or remove such information. You may contact LifeBrand for any of the foregoing at info@lifebrand.life. You are solely responsible for maintaining your account with updated and accurate information. If you ask that LifeBrand stops using or sharing your Personal Information, we will honor that request. However, LifeBrand may retain records of your Personal Information for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on back-up files for financial, legal, or technical reasons.

8. Right to Change Privacy Statement

LifeBrand reserves the right at any time to modify, alter, or update this Privacy Policy. Your use of the Platform following any changes means that you agree to follow and be bound by the Privacy Policy as changed, subject to limitations under applicable law. Any change to this Privacy Policy shall be effective as to any user who has visited the Platform before the change was made. Please review this policy periodically, and especially before you provide any Personal Information to us. The Privacy Policy was last updated on the date indicated above.

9. California

California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to the email address identified above.

10. Do Not Track

The Platform does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

11. Contact

If you have any questions, concerns or comments about our Privacy Policy, you may contact us using the information below:

By e-mail: info@lifebrand.life

By written correspondence: 20-22 North Church Street, West Chester, PA 19380

United States of America

 

Section Two: Terms of Use

Welcome to the LifeBrand website, operated by LifeBrand Inc. (“LifeBrand” “we,” or “our”) and located at https://lifebrand.life. The Site is provided as a service to our customers. The following terms and conditions (“Terms”) govern your use of this Site. 

The Site may contain content, products, and other materials that some users may find objectionable.

By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and LifeBrand’s Privacy Policy, that you agree to them, and intend to be legally bound by them.

By creating an account or using our Services, you confirm that you accept these Terms. You also confirm that:

  1. You have reached the age of 18; or
  2. You are 13 or older but younger than 18 (“Minor”), that you have reviewed these Terms with your parent or legal guardian before using the Services, and that you and your parent or guardian understand and consent to these Terms. If you are a parent or guardian of a Minor who is using the Services, you accept and agree to: (i) supervise the Minor’s use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by these Terms for the Minor’s access and use of the Services.
  3. You may be prevented from creating an account or using our Services due to our children accessibility policy in accordance with the applicable laws and regulations in your jurisdiction.

We may sometimes need to change these Terms. We will let you know of any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your LifeBrand account before the updated Terms become effective. If you do not agree to the changes, you may stop using our Services and delete your LifeBrand account. By continuing to use our Services after the updated Terms become effective, you confirm that you understand and accept the updated Terms.

These Terms of Service constitute a binding legal agreement between you and LifeBrand, including the terms and conditions regarding dispute resolution, set forth on the Governing Law and Jurisdiction Section, below

If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact

20-22 North Church Street, West Chester, PA 19380

info@lifebrand.life

1-610-529-8662.

 

Registration

You agree to use the Site and the Services only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Site and Services as authorized in these Terms and for no other purposes.

You agree not to use the Site:

  1. In any way that violates any applicable federal, state, provincial/territorial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software);
  2. To impersonate or attempt to impersonate LifeBrand, a LifeBrand employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen or account names associated with any of the foregoing); and
  3. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm LifeBrand or users of the Site or expose them to liability, or that may violate these Terms.

Without limiting the foregoing, you additionally agree not to:

  • a. Use the Site in any manner that could disable, overburden, damage, or impair the Site or any LifeBrand systems, or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • b. Use any bot, crawler, spider, scraper or other automatic device, process or means to access the Site or any information transferred through the Site, for any purpose, including monitoring, copying or transferring any of the content on the Site;
  • c. Use any manual process to monitor, copy or transfer any of the content on the Site or any information transferred through the Site, or for any other unauthorized purpose without our prior written consent;
  • d. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose, including commercial purposes;
  • e. Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by LifeBrand in a way that is likely or intended to cause confusion about the owner or authorized user of materials;
  • f. Use any device, software or routine that interferes with the proper working of the Site;
  • g. You will not use our Services in any fraudulent or malicious way, for example to introduce viruses, malicious code, Trojan horses, worms, logic bombs,  harmful data or other material which is malicious or technologically harmful;.
  • h. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, including without limitation any information transferred through the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • i. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • j. Otherwise attempt to interfere with the proper working of the Site.
  • k. You will not reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Services.
  • l. You will not modify or disable any features of our Services.
  • m. You will not create any derivative works based on our Services.
  • n. You will not rent, lease, lend, sub-license, or provide any commercial hosting services using our Services.
  • o. You will not use our Services in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines, or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Services (“Applicable Law”).
  • p. You will not use our Services in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data.
  • q. You will not use our Services in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users of our Services.
  • r. You will not collect or harvest any information or data from our Services or systems or attempt to decipher any transmissions to or from the servers running our Services, except to the extent allowed by Applicable Law.

Intellectual Property

As between you and LifeBrand, LifeBrand owns all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in (i) the Services, the Site, any graphics, texts, icons, buttons, data or information we include in the Site, and any products, training materials, deliverables, and the LifeBrand network or databases that may be utilized to provide the services (“Site Content”), and (ii) any information, data, trends, analysis, metadata or other data which may be derived from any of the foregoing that is derived or created by LifeBrand by reference to the Services and LifeBrand’s databases and network. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to LifeBrand or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute text, images, data, and other information and materials to the Site for access, use, viewing, and commentary by other users of the Site, and/or LifeBrand (collectively, “User Content”). By posting User Content to the Site or otherwise submitting User Content to LifeBrand, you represent that you have the full legal right to provide the User Content and that use of the User Content by LifeBrand and all other persons and entities, on the Site, and/or in accordance with this section, will not:

(a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;

(b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs;

(c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons;

(e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(f) be obscene, child pornographic, or indecent;

(g) violate any community or Internet standard;

(h) constitute misappropriation of any trade secret or know-how; or

(i) constitute disclosure of any confidential information owned by any third party, all as determined by LifeBrand in our sole and absolute discretion. Upon your submission of User Content or other material or information to LifeBrand, you grant LifeBrand a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, translate, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever. Further, you waive all moral rights in and to all User Content that you post or otherwise submit to LifeBrand in favor of LifeBrand and any other persons we authorize to use such User Content. For avoidance of doubt, LifeBrand shall be under no obligation to:

(1) maintain any User Content in confidence;

(2) compensate you in any way for your User Content; or

(3) respond to any User Content.

You acknowledge that LifeBrand provides professional services for other parties and agree that nothing herein will be deemed or construed to prevent LifeBrand from carrying on such services, regardless of whether such parties are competitive with you. LifeBrand will have the right to use techniques, methodologies, tools, ideas and other know-how gained during the course of providing the Services and the Site in the furtherance of its own business and to perfect all other intellectual property rights related thereto, including patent, copyrights, trademark and trade secrets.

No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserved by LifeBrand. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws. 

Privacy Policy

Your use of the Services is subject to LifeBrand’s Privacy Policy, located at: https://www.lifebrand.life/privacy-policy. We provide additional information about our privacy practices related to particular Services where appropriate. To the extent a Service has its own privacy notice, that privacy notice will also apply to your use of such Service. We recommend that you review the privacy notice of each Service for more information about our privacy practices. 

Monitoring and Enforcement; Termination

LifeBrand has the right to:

(a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and

(b) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation or suspected violation of these Terms. Without limiting the foregoing, LifeBrand has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing information on or through the Site. You waive and will hold harmless LifeBrand and its affiliates, licensees and services providers, from any claims resulting from any action taken by LifeBrand or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.

 The limitations on LifeBrand’s liability to you in this Section 6 shall apply whether or not LifeBrand has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnity

You agree to defend, indemnify, and hold harmless LifeBrand, its parents, subsidiaries, officers, directors, shareholders, members, employees, agents, affiliates, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:‍

(a) your use of and access to the Site and Services;

(b) your violation of any of these Terms, including the Privacy Policy;

(c) your violation of any third party rights, including intellectual property or privacy rights; and

(d) the use of the Site by any person using your account or account login.

This defense and indemnification obligation will survive the termination or cessation of these Terms and your use of the Site. LifeBrand reserves the right, at LifeBrand’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim that is referenced or otherwise covered by this Section 7 without the prior written consent of LifeBrand.

Arbitration

You and LifeBrand agree that any disputes arising from or relating to these Terms or your use of the Site and/or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one

(1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Philadelphia, Pennsylvania, unless LifeBrand elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania. The arbitrator shall not be bound by rulings in prior arbitrations involving different LifeBrand users, but is bound by rulings in prior arbitrations involving the same LifeBrand user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You acknowledge and agree that you and LifeBrand are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and LifeBrand otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

In the event this Section 8 is held unenforceable, then the entirety of this Section 8 will be deemed void. Except as provided in the preceding sentence, this Section 8 will survive termination of the Terms and your use of the Site.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

Governing Law and Jurisdiction

All matters relating to the Site, the Services, and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to its choice or conflict of law provisions or rules.

Subject to the arbitration requirements set forth herein, to the extent that any legal suit, action or proceeding arises out of, or relates to, these Terms, the Privacy Policy, the Site, or the Services, such suit shall be instituted exclusively in the U.S. District Court for Delaware or the Courts for New Castle County, Delaware. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Operation of the Site and United States Law

The Site is controlled and operated from within the United States. Without limiting anything else, LifeBrand makes no representation that the Site, Site Content, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.

The Site may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States, and any amendment thereof. The Site, the Site Content, and all underlying information and technology licensed hereunder shall not be accessed, downloaded, used, possessed, or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States without first complying strictly and fully with all export controls and other applicable laws that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Site, the Site Content, or any underlying information or technology.

Notice of Infringing Content

While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the contact information provided above.

Miscellaneous

These Terms, including the Privacy Policy, constitute the entire legal agreement between you and LifeBrand regarding the Site and govern your use of the Site, Services, and any transactions you may have with LifeBrand through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and LifeBrand regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

You understand that LifeBrand may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, LifeBrand will make a new copy of the Terms available on the Site. You agree that LifeBrand is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes. 

You agree that any failure or delay by LifeBrand to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that LifeBrand has the benefit of under any applicable law) will not be taken to be a formal waiver of LifeBrand’s rights and that those rights or remedies will still be available to LifeBrand. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site and the Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.