Terms of Service
These Terms of Service (“Terms”) apply to your access to and use of the websites located at www.lifeat.com and all associated LifeAt sites and social media pages, mobile applications that may be downloaded to your device, and other online products and services (together, the “Services”) provided by LifeAt Inc. (“LifeAt” or “we”). By checking a box indicating you agree to these Terms or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 20. If you do not agree to these Terms, do not use our Services. Review our Privacy Policy for information about how we collect, use, share and otherwise process information about you.
We may supply different or additional terms, conditions, guidelines, policies or rules with respect to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user. If you use the Services on behalf of another person or entity, all references to “you” throughout these Terms will include that person or entity and you represent that you are authorized to accept these Terms on their/its behalf.
You may need to register for an account or provide us certain information to access some or all of our Services or you may otherwise provide us information in connection with your use of the Services. You represent and warrant that any information that you provide in connection with the Services is accurate and, if it relates to another individual, that you have all rights and permissions necessary to share the information with LifeAt. You agree to promptly update your account information if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reject, require that you change or reclaim usernames, including on behalf of businesses or individuals that hold legal claim (including trademark rights) in those usernames.
(a) Price. LifeAt may at any time require users to pay a fee to use the Services or any part thereof, including to access services or features that were previously offered to users free of charge. Prices displayed for the Services exclude all taxes or related costs which will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and costs before you confirm your purchase. All prices shown on the Services are subject to change at any time without notice.
(b) Payment. If you wish to purchase Services, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information to our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating such transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes applicable to your purchases. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(c) Subscriptions. Your purchase of certain Services may require enrollment in a payment plan involving automatic renewal (a “Recurring Subscription”), and if you purchase such a Recurring Subscription, you authorize LifeAt to maintain your account information and charge that account automatically upon the renewal with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. Your Recurring Subscription will automatically renew unless you cancel it. In the event that LifeAt is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, LifeAt, may, in its sole discretion: (i) bill you for your Services and suspend your access to the Services until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. You may cancel your subscription through your account by visiting https://lifeat.io/manage. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. LifeAt may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least ten days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and LifeAt will charge your on-file payment card or method on the first day of the renewal of the subscription term.
(d) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including payment method and other details of your order. Although we may confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.
When you use certain Services, such as our video conferencing and collaboration tools, we may require you to grant us access to your device camera and microphone. We also may request to access image other files on your device to enable you to share such files with other users of the Services.
If you use features of the Services that involve recording video or audio, you must do so in compliance with all recording laws and you understand that, as between you and LifeAt, you are solely responsible for such compliance.
Our Services may allow you and other users to create, post, store and share content, including videos, notes, to-do lists, graphics and designs, messages, text, photos, reviews, software and other materials (collectively, “User Content”). We also may need to access your image files and other files on your device so you can share them with other Users on the Service. Except for the license you grant below, as between you and LifeAt, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content.
You grant LifeAt and its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation or attribution to you or any third party. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. LifeAt has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit or monitor User Content, we may:
delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice;
terminate or suspend your access to all or part of the Services if we suspect or establish that your User Content violates applicable law or these Terms;
take any action with respect to your User Content that is necessary or appropriate, in LifeAt's sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information regarding you to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
If LifeAt authorizes you to publish content as a verified content creator on the Services, or if you otherwise create any applications or other User Content that interacts with our Services, you agree to grant a perpetual, worldwide, non-exclusive license to use the Content on LifeAt website and for any other lawful purpose.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In connection with our Services, you will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account or information without authorization from that user and LifeAt;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services unless expressly permitted by these Terms;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services, provided, that LifeAt grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or arches of such materials, and LifeAt reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Link to any online portion of the Services in a manner that damages our reputation or inaccurately suggests any association, approval, or endorsement by LifeAt;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose LifeAt or others to any harm or liability of any type.
Enforcement of this Section 7 is solely at LifeAt’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules or that objectionable material will be promptly removed after it has been posted.
Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Promotions
Any referral programs, sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy https://lifeat.io/privacy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by LifeAt or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
LifeAt Inc. and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of LifeAt and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about LifeAt or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in LifeAt’s sole discretion. You understand that LifeAt may treat Feedback as nonconfidential.
Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").
Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringes any copyright that you own or control, you may notify LifeAt’s designated agent (your notification, a “DMCA Notice”) as follows:
Designated Agent:
Designated Agent
Address:
12224 NE Bel-Red Rd #249, Bellevue, WA, 98009
E-mail Address:
contact@lifeat.io
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to LifeAt for certain costs and damages.
Upon receipt of your DMCA Notice, we may (i) remove or disable access to the allegedly infringing content and (ii) take reasonable steps to notify the user who provided the allegedly infringing content that access to the content has been disabled or the content has been removed. In accordance with our DMCA Policy, if we determine that the user that provided the allegedly infringing content has provided allegedly infringing content numerous time on or through our Services, we may terminate the account of such user or terminate the ability of such user to add content to our Services.
Counter Notices. If you believe that your content was removed or disabled in accordance with this Section 12 by mistake or misidentification, you may send a counter notice to our designated agent as specified above (your counter notice, a “DMCA Counter Notice”). Please see Section 512(g)(3) of the DMCA for the requirements of a proper counter notification. If you knowingly misrepresent that any content on our Services was removed or disabled by mistake or misidentification, you may be liable to LifeAt for certain costs and damages.
Our Response to DMCA Counter Notices. When LifeAt receives a DMCA Counter Notice, LifeAt will send a copy of the DMCA Counter Notice to the original complaining party informing that person that we will replace the content that we removed or disabled. Unless the original complaining party files an action seeking a court order against you within ten (10) business days of receiving the copy of your DMCA Counter Notice, we will restore the removed or disabled content at our discretion.
Third-Party Services and Content
Our Services rely on or inter-operate with services provided by other companies, including, without limitation, data storage services, communications technologies, and internet and mobile operators (collectively, “Third-Party Services”). You acknowledge that (a) Third-Party Services may not operate in a reliable manner 100% of the time which may impact the way our Services operate and the use and availability of the Services and (b) except as otherwise required by law, LifeAt is not responsible for damages and losses due to the operation of Third-Party Services.
We may provide you with information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. LifeAt does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of the Third-Party Content. Your access to and use of Third-Party Content is at your own risk and may be subject to additional terms, conditions, and policies applicable to Third-Party Content (including terms of service or privacy policies of the providers of Third-Party Materials).
We do not endorse and are not responsible for Third-Party Content, even if accessed through a hyperlink or other method using the Services. We are not responsible for the processing of any information you choose to provide to a third party or that you permit a third party to collect about you.
Open-Source Software
Certain items of independent, third-party code may be utilized in connection with the Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless LifeAt and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “LifeAt Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify LifeAt Parties of any third-party Claims, cooperate with LifeAt Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the LifeAt Parties will have control of the defense or settlement, at LifeAt's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LifeAt or the other LifeAt Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services and any content or materials provided therein or therewith (including User Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, and LifeAt disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, LifeAt does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that access to the Services will be uninterrupted. While LifeAt attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components, content or materials. You assume the entire risk as to the quality and performance of the Services.
Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires.
To the fullest extent permitted by applicable law, LifeAt and the other LifeAt Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if LifeAt or the other LifeAt Parties have been advised of the possibility of such damages.
The total liability of LifeAt and the other LifeAt Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.
The limitations set forth in this Section 17 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of LifeAt or the other LifeAt Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Release
To the fullest extent permitted by applicable law, you release LifeAt and the LifeAt Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
In order for us to provide our Services, you agree that we may process and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LIFEAT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LIFEAT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LIFEAT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LIFEAT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
For any dispute or claim that you have against LifeAt, that LifeAt has against you or that you have, or LifeAt has, in each case relating in any way to these Terms, our Products or Services, or any aspect of the relationship between you and LifeAt as relates to these Terms, or Products or Services (collectively, “Claims” and each a “Claim”), you and LifeAt agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against LifeAt, you will first contact LifeAt by sending a written notice of your Claim (“Claimant Notice”) to LifeAt by certified mail addressed to 12224 NE Bel-Red Rd #249, Bellevue, WA, 98009 or by email to contact@lifeat.io. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If LifeAt asserts a Claim against you, LifeAt will first contact you by sending a written notice of LifeAt’s Claim (“LifeAt Notice”) to you via email to the primary email address associated with your Account. The LifeAt Notice must (1) include the name of a LifeAt contact and the contact’s email address and telephone number; (2) describe the nature and basis of the Claim; and (3) set forth the specific relief sought. If you and LifeAt cannot reach an agreement to resolve the Claim within thirty (30) days after you or LifeAt receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or LifeAt first send a Claimant Notice or a LifeAt Notice, so that the parties can engage in this informal dispute-resolution process.
Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 20(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the extent permitted by law.
All Claims must be submitted to the American Arbitration Association and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
YOU AND LIFEAT AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND LIFEAT ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against LifeAt or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
For any arbitration you initiate, you will pay the consumer filing fee, and LifeAt will pay the remaining AAA fees and costs. For any arbitration initiated by LifeAt, LifeAt will pay all AAA fees and costs.
For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
If you or LifeAt submits a dispute to arbitration and the arbitrator orders any exchange of information, you and LifeAt agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and LifeAt agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against LifeAt or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and LifeAt understand and agree that when twenty-five (25) or more similar claims are asserted against LifeAt or you by the same or coordinated counsel or are otherwise resolution of your or LifeAt’s Claim might be delayed. For such coordinated actions, you and LifeAt also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for LifeAt shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against LifeAt or you.
One Year to Assert Claims. To the extent permitted by law, any Claim must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and LifeAt will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us notice of your opt-out via email at 12224 NE Bel-Red Rd #249, Bellevue, WA, 98009. In order to be effective, the opt-out notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21.
If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 20 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time; charge, modify or waive any fees required to use the Services or offer opportunities to some or all users of the Services. We will use reasonable efforts to provide you with notice in advance of the suspension or discontinuation of all or portions of our Services, such as by sending an email or providing a notice through our Services. You have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may make changes to these Terms from time to time. Check the “Last Updated” date at the top of these Terms to see the last update. We will provide you with notice of future changes, such as by sending an email, notifying you through the Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued use of the Services after the notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.
If you have a question or complaint regarding the Services, please send an e-mail to contact@lifeat.io. Do not include credit card or other sensitive information in your e-mail correspondence with us.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of LifeAt to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Supplemental Terms
We may supply different or additional terms, conditions, guidelines, policies or rules with respect to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
Eligibility
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user. If you use the Services on behalf of another person or entity, all references to “you” throughout these Terms will include that person or entity and you represent that you are authorized to accept these Terms on their/its behalf.
User Accounts; Account Information; Account Security
You may need to register for an account or provide us certain information to access some or all of our Services or you may otherwise provide us information in connection with your use of the Services. You represent and warrant that any information that you provide in connection with the Services is accurate and, if it relates to another individual, that you have all rights and permissions necessary to share the information with LifeAt. You agree to promptly update your account information if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reject, require that you change or reclaim usernames, including on behalf of businesses or individuals that hold legal claim (including trademark rights) in those usernames.
Paid Services
(a) Price. LifeAt may at any time require users to pay a fee to use the Services or any part thereof, including to access services or features that were previously offered to users free of charge. Prices displayed for the Services exclude all taxes or related costs which will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and costs before you confirm your purchase. All prices shown on the Services are subject to change at any time without notice.
(b) Payment. If you wish to purchase Services, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information to our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating such transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes applicable to your purchases. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(c) Subscriptions. Your purchase of certain Services may require enrollment in a payment plan involving automatic renewal (a “Recurring Subscription”), and if you purchase such a Recurring Subscription, you authorize LifeAt to maintain your account information and charge that account automatically upon the renewal with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. Your Recurring Subscription will automatically renew unless you cancel it. In the event that LifeAt is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, LifeAt, may, in its sole discretion: (i) bill you for your Services and suspend your access to the Services until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. You may cancel your subscription through your account by visiting https://lifeat.io/manage. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. LifeAt may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least ten days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and LifeAt will charge your on-file payment card or method on the first day of the renewal of the subscription term.
(d) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including payment method and other details of your order. Although we may confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.
Video Chats; Recordings
When you use certain Services, such as our video conferencing and collaboration tools, we may require you to grant us access to your device camera and microphone. We also may request to access image other files on your device to enable you to share such files with other users of the Services.
If you use features of the Services that involve recording video or audio, you must do so in compliance with all recording laws and you understand that, as between you and LifeAt, you are solely responsible for such compliance.
User Content
Our Services may allow you and other users to create, post, store and share content, including videos, notes, to-do lists, graphics and designs, messages, text, photos, reviews, software and other materials (collectively, “User Content”). We also may need to access your image files and other files on your device so you can share them with other Users on the Service. Except for the license you grant below, as between you and LifeAt, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content.
You grant LifeAt and its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation or attribution to you or any third party. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. LifeAt has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit or monitor User Content, we may:
delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice;
terminate or suspend your access to all or part of the Services if we suspect or establish that your User Content violates applicable law or these Terms;
take any action with respect to your User Content that is necessary or appropriate, in LifeAt's sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information regarding you to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
If LifeAt authorizes you to publish content as a verified content creator on the Services, or if you otherwise create any applications or other User Content that interacts with our Services, you agree to grant a perpetual, worldwide, non-exclusive license to use the Content on LifeAt website and for any other lawful purpose.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In connection with our Services, you will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account or information without authorization from that user and LifeAt;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services unless expressly permitted by these Terms;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services, provided, that LifeAt grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or arches of such materials, and LifeAt reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Link to any online portion of the Services in a manner that damages our reputation or inaccurately suggests any association, approval, or endorsement by LifeAt;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose LifeAt or others to any harm or liability of any type.
Enforcement of this Section 7 is solely at LifeAt’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules or that objectionable material will be promptly removed after it has been posted.
Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Promotions
Any referral programs, sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy https://lifeat.io/privacy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by LifeAt or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Trademarks
LifeAt Inc. and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of LifeAt and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about LifeAt or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in LifeAt’s sole discretion. You understand that LifeAt may treat Feedback as nonconfidential.
Repeat Infringer Policy; Copyright Complaints
Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").
Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringes any copyright that you own or control, you may notify LifeAt’s designated agent (your notification, a “DMCA Notice”) as follows:
Designated Agent:
Designated Agent
Address:
12224 NE Bel-Red Rd #249, Bellevue, WA, 98009
E-mail Address:
contact@lifeat.io
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to LifeAt for certain costs and damages.
Our Response to DMCA Notices.
Upon receipt of your DMCA Notice, we may (i) remove or disable access to the allegedly infringing content and (ii) take reasonable steps to notify the user who provided the allegedly infringing content that access to the content has been disabled or the content has been removed. In accordance with our DMCA Policy, if we determine that the user that provided the allegedly infringing content has provided allegedly infringing content numerous time on or through our Services, we may terminate the account of such user or terminate the ability of such user to add content to our Services.
Counter Notices. If you believe that your content was removed or disabled in accordance with this Section 12 by mistake or misidentification, you may send a counter notice to our designated agent as specified above (your counter notice, a “DMCA Counter Notice”). Please see Section 512(g)(3) of the DMCA for the requirements of a proper counter notification. If you knowingly misrepresent that any content on our Services was removed or disabled by mistake or misidentification, you may be liable to LifeAt for certain costs and damages.
Our Response to DMCA Counter Notices. When LifeAt receives a DMCA Counter Notice, LifeAt will send a copy of the DMCA Counter Notice to the original complaining party informing that person that we will replace the content that we removed or disabled. Unless the original complaining party files an action seeking a court order against you within ten (10) business days of receiving the copy of your DMCA Counter Notice, we will restore the removed or disabled content at our discretion.
Third-Party Services and Content
Our Services rely on or inter-operate with services provided by other companies, including, without limitation, data storage services, communications technologies, and internet and mobile operators (collectively, “Third-Party Services”). You acknowledge that (a) Third-Party Services may not operate in a reliable manner 100% of the time which may impact the way our Services operate and the use and availability of the Services and (b) except as otherwise required by law, LifeAt is not responsible for damages and losses due to the operation of Third-Party Services.
We may provide you with information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. LifeAt does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of the Third-Party Content. Your access to and use of Third-Party Content is at your own risk and may be subject to additional terms, conditions, and policies applicable to Third-Party Content (including terms of service or privacy policies of the providers of Third-Party Materials).
We do not endorse and are not responsible for Third-Party Content, even if accessed through a hyperlink or other method using the Services. We are not responsible for the processing of any information you choose to provide to a third party or that you permit a third party to collect about you.
Open-Source Software
Certain items of independent, third-party code may be utilized in connection with the Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless LifeAt and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “LifeAt Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify LifeAt Parties of any third-party Claims, cooperate with LifeAt Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the LifeAt Parties will have control of the defense or settlement, at LifeAt's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LifeAt or the other LifeAt Parties.
Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services and any content or materials provided therein or therewith (including User Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, and LifeAt disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, LifeAt does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that access to the Services will be uninterrupted. While LifeAt attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components, content or materials. You assume the entire risk as to the quality and performance of the Services.
Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires.
Limitation of Liability
To the fullest extent permitted by applicable law, LifeAt and the other LifeAt Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if LifeAt or the other LifeAt Parties have been advised of the possibility of such damages.
The total liability of LifeAt and the other LifeAt Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.
The limitations set forth in this Section 17 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of LifeAt or the other LifeAt Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Release
To the fullest extent permitted by applicable law, you release LifeAt and the LifeAt Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Location of Data Processing
In order for us to provide our Services, you agree that we may process and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LIFEAT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LIFEAT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LIFEAT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LIFEAT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
For any dispute or claim that you have against LifeAt, that LifeAt has against you or that you have, or LifeAt has, in each case relating in any way to these Terms, our Products or Services, or any aspect of the relationship between you and LifeAt as relates to these Terms, or Products or Services (collectively, “Claims” and each a “Claim”), you and LifeAt agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against LifeAt, you will first contact LifeAt by sending a written notice of your Claim (“Claimant Notice”) to LifeAt by certified mail addressed to 12224 NE Bel-Red Rd #249, Bellevue, WA, 98009 or by email to contact@lifeat.io. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If LifeAt asserts a Claim against you, LifeAt will first contact you by sending a written notice of LifeAt’s Claim (“LifeAt Notice”) to you via email to the primary email address associated with your Account. The LifeAt Notice must (1) include the name of a LifeAt contact and the contact’s email address and telephone number; (2) describe the nature and basis of the Claim; and (3) set forth the specific relief sought. If you and LifeAt cannot reach an agreement to resolve the Claim within thirty (30) days after you or LifeAt receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or LifeAt first send a Claimant Notice or a LifeAt Notice, so that the parties can engage in this informal dispute-resolution process.
Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 20(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the extent permitted by law.
All Claims must be submitted to the American Arbitration Association and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
YOU AND LIFEAT AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND LIFEAT ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against LifeAt or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
For any arbitration you initiate, you will pay the consumer filing fee, and LifeAt will pay the remaining AAA fees and costs. For any arbitration initiated by LifeAt, LifeAt will pay all AAA fees and costs.
For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
If you or LifeAt submits a dispute to arbitration and the arbitrator orders any exchange of information, you and LifeAt agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and LifeAt agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against LifeAt or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and LifeAt understand and agree that when twenty-five (25) or more similar claims are asserted against LifeAt or you by the same or coordinated counsel or are otherwise resolution of your or LifeAt’s Claim might be delayed. For such coordinated actions, you and LifeAt also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for LifeAt shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against LifeAt or you.
One Year to Assert Claims. To the extent permitted by law, any Claim must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and LifeAt will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us notice of your opt-out via email at 12224 NE Bel-Red Rd #249, Bellevue, WA, 98009. In order to be effective, the opt-out notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21.
If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 20 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time; charge, modify or waive any fees required to use the Services or offer opportunities to some or all users of the Services. We will use reasonable efforts to provide you with notice in advance of the suspension or discontinuation of all or portions of our Services, such as by sending an email or providing a notice through our Services. You have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
Changes to these Terms
We may make changes to these Terms from time to time. Check the “Last Updated” date at the top of these Terms to see the last update. We will provide you with notice of future changes, such as by sending an email, notifying you through the Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued use of the Services after the notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.
Contacting LifeAt
If you have a question or complaint regarding the Services, please send an e-mail to contact@lifeat.io. Do not include credit card or other sensitive information in your e-mail correspondence with us.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
The failure of LifeAt to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Updated on: 10/12/2023
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