TERMS AND CONDITIONS
The following terms and conditions (the "Terms and Conditions") govern your use of this website or information provided to you by Liftyolife, and any content, features, or functionality made available from or through this website, including any subdomains thereof. The Web Site is made available by Liftyolife ("Liftyolife" or "we" or "us"), each of which has adopted these Terms and Conditions about its website. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
"The contents of the Services, such as text, graphics, images, information obtained from Liftyolife, and other material contained on the website, newsletter, and products (“Content”) are for informational purposes only. The Content and Services are not intended to substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. Liftyolife does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by Liftyolife, Liftyolife employees, others appearing in the Content or on the Services at the invitation of Liftyolife, or other visitors to the Services is solely at your own risk."
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant you ownership of any content, code, data, or materials you may access on or through the Web Site.
You may access and view the content on the Web Site on your computer or other devices. Unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise explicitly indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site are only for your personal, non-commercial use.
Unless otherwise explicitly indicated in these Terms and Conditions or on the Web Site, any commercial or promotional distribution, publishing, or exploitation of the Web Site, or any content, code, data, or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Web Site, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Web Site. If you make other use of the Web Site or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
"All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Liftyolife on or by the Content and Services or otherwise disclosed, submitted, or offered in connection with your use of the Content and Services (collectively, “Comments”) shall be and remain Liftyolife's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Liftyolife of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. Liftyolife is and shall be under no obligation:
- To maintain any Comments in confidence.
- To pay users any compensation for any Comments.
- To respond to any user Comments.
You agree not to post on or transmit through the Services any Comments or other material that:
- is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that had not been approved in writing by Liftyolife;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of your contractual and fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files, or programs designed to alter, interrupt, impede, limit, or destroy the performance and functioning of any software, hardware, or other equipment.
You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party and will not be treated as confidential by Liftyolife. Liftyolife shall have no obligation to store, keep copies of, or return any Comments. Liftyolife further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Services that it deems to violate the previous requirements.
Without limiting the generality of the previous, Liftyolife shall have the right to:
- Remove or refuse to post any Comments for any or no reason at our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Without limiting the previous, We have 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 posting any materials on or through the Services.
Liftyolife may, from time to time, post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that third parties sponsored.
Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Liftyolife. Liftyolife does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitations of liability are noted below."
The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Web Site or content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site's services is strictly prohibited.
Prohibited User Conduct.
"You warrant and agree that, while using the Web Site and the various services, features, and functionality offered on or through the Web Site, you shall not:
- Impersonate any person or entity or misrepresent your affiliation with another person or entity.
- Insert your own or a third party's advertising, branding, or other promotional content into any of the Web Site's content, materials, or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed, or a podcast received from us or otherwise through the Web Site), or, except as otherwise specifically authorized in these Terms and Conditions or on the Web Site use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes.
- Attempt to gain unauthorized access to other computer systems through the Web Site.
You shall not: (i) engage in spidering, "screen scraping", "database scraping", harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Web Site or the Web Site's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party's use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site."
"From time to time, we may make messaging services, chat services, bulletin boards, message boards, blogs, other forums, and other such services available on or through the Web Site. In addition to any different rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which:
- Restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services.
- Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent.
- Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right.
- Contain a virus, spyware, or other harmful components.
- Contain embedded links, advertising, chain letters, or pyramid schemes of any kind.
- Constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including our personnel or us. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities."
Right to Monitor and Editorial Control.
Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a Forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them eventually. Therefore, you must be careful and selective about the personal information you disclose about yourself and others. In particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our public forums.
Linking to the Web Site.
Unless otherwise explicitly indicated in these Terms and Conditions or on the Web Site, you agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued and to revoke your right to link to the Web Site from any other website at any time upon written notice to you.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time. We may restrict, suspend or terminate your access to the Web Site and its services if we believe you are in breach of our terms and conditions or applicable law or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
You agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees, and agents harmless from all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or these Terms and Conditions. At our own expense, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such a claim in such a case.
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
At our sole discretion, we reserve the right to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.