LIFE365DAY.com Terms & Conditions
Effective November 2, 2023
Note: The "LIFE365DAY.com" Terms of Use have been updated. Please review the updated Terms of Use carefully before using the "LIFE365DAY.com" Services. By using any of the "LIFE365DAY.com" Services, you consent to the terms of the updated Terms of Use.
"LIFE365DAY.com" (collectively, "LIFE365DAY.com," "we," "us," or "our") welcomes you. We invite you to access and use our website located at https://life365day.com (the "Website"), and the services that are made available through the Website (the "Services"), subject to the following terms and conditions ("Terms of Use").
BY VISITING THE WEBSITE, ACCESS AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE "PRIVACY POLICY"), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF USE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE "AGREEMENT").
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, and/or the Services or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website and/or Services after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website and the Services.
If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
1. USE OF PERSONAL INFORMATION
Your use of the Website and Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://www.life365day.com/p/privacy-policy.html), which is hereby incorporated by reference in its entirety.
2. COMMUNITY GUIDELINES
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website, and/or the Services, you hereby agree to comply with these community rules and that:
• You will not use the Website or the Services for any unlawful purpose, including any fraudulent activity, or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not access or use the Website or the Services to collect any market research for competing businesses;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
a. infringes any copyright, trademark, or other proprietary rights of any person or entity; or
b. is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or
c. discloses any personal information about another person, including that person's name, e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not "stalk," threaten, or otherwise harass another person;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website and the Services;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not create multiple accounts for yourself for any reason, including, without limitation, in order to obtain the same promotion multiple times;
• You will not interfere with or attempt to interrupt the proper operation of the Website or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website or the Services through hacking, password or data mining, or any other means; and
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or the Services, or any portion of the Website or the Services, without notice.
3. INTELLECTUAL PROPERTY
The Website and the Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of the "LIFE365DAY.com" (collectively referred to as the "Content"). The Content may be owned by us or by third parties. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Website, and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of "LIFE365DAY.com" ("LIFE365DAY.com Trademarks") used and displayed on the Website, Services, and Products are registered and unregistered trademarks or service marks of "LIFE365DAY.com". Other company, product, and service names located on the Website, Services, and Products may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with "LIFE365DAY.com" Trademarks, the "Trademarks"). Nothing on the Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of "LIFE365DAY.com" Trademarks is to our benefit.
Elements of the Website and the Services are protected by trade dress, trademark, unfair competition, and others and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
4. FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and our services ("Feedback"). Although we encourage you to e-mail us, we do not want you to, and you should not e-mail us any content that contains confidential information. Concerning any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation or attribution to you.
5. NO WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER "LIFE365DAY.com" NOR ITS SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND "LIFE365DAY.com" HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
THE "LIFE365DAY.com" SITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.
6. EXTERNAL SITES
The "LIFE365DAY.com" site and the Services may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
7. COMPLIANCE WITH APPLICABLE LAWS
We make no claims concerning whether the Website may be viewed or be appropriate for use from anywhere. If you access the Website from any place, you do so at your own risk, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
8. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the "LIFE365DAY.com" site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the "LIFE365DAY.com" site and/or the Services at any time without prior notice or liability.