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 creating an account or using our Services, you confirm that you accept these Terms. You also confirm that:
- You have reached the age of 18; or
- 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.
- 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
22 North Church Street, West Chester, PA 19380
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:
- 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);
- 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
- 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.
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.
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.
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;
(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.
You and LifeBrand agree that any and all 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 as follows: (1) if the amount in dispute involves an allegation or allegations of liability less than $250,000, one (1) arbitrator shall decide the dispute, including any and all issues relating to the enforceability of this Arbitration Agreement; or (2) if the amount in dispute involves an allegation or allegations of liability in an amount greater to or equal to $250,000, three (3) arbitrators shall decide the dispute, including any all issues relating to the enforceability of this Arbitration Agreement. If three (3) arbitrators are needed, one arbitrator will be selected by You, one by LifeBrand and the third by the parties collectively or randomly. 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. 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 and LifeBrand explicitly agree that any and all issues, including the scope, interpretation and enforceability of the Arbitration Agreement, are to be decided by the arbitrator(s) Arbitration shall take place in Philadelphia, Pennsylvania, or in a mutually agreeable location.
The arbitrator(s) will decide the 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 You.
WAIVER OF JURY TRIAL AND CLASS ACTION.
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, mass or collective 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.
LIMITED EXCEPTION TO ARBITRATION.
Notwithstanding the Arbitration Provision, 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, intellectual property rights and/or confidential information Moreover, if either Your or LifeBrand’s claim is less than $10,000, this Arbitration Agreement does not apply.
COSTS OF ARBITRATION.
LifeBrand will cover the first $10,000.00 in arbitration costs solely for the payment of the Arbitrator’s fees (“Initial Arbitration Fee”). For the avoidance of doubt, the Initial Arbitration fee shall not be used for any parties’ attorneys’ fees, their attorneys’ and/or expert’s costs and/or travel related expenses for the Arbitration. After the Initial Arbitration Fee is exhausted, the parties agree to split any additional Arbitration Fees (solely to pay the Arbitrator’s fees) jointly on a 50/50 basis.
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 Commonwealth of Pennsylvania without giving effect to its choice or conflict of law provisions or rules.
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.
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.