LifeStatus360, LLC Website Terms of Use

July 1, 2014

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE
This website, including all of its features and content (the “Web site”) is made available by LifeStatus360, LLC, a California limited liability company (“Company” or “we” or “us” or “our”) and all content, information and services provided on or through this Web site (“Content”) may be used only under the following terms and conditions (“Terms of Use”).
1. Website Limited License. As a user of this Web site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web site and Content in accordance with these Terms of Use. The Company may terminate this license at any time for any reason.
2. Visitors and Customers. These Terms of Use apply to all users of this Web site (“Visitors”) except that to the extent that a Visitor becomes a customer of the Company under a written services agreement (“Services Agreement”) with the Company (thereafter, a “Customer”) then the terms of the Services Agreement shall control where they are inconsistent with these Terms of Use.
3. Limitations on Use; Third Party Communications.
3.1 Limitations on Use. The Content on this Web site is for your organization’s internal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web site or the Content without the Company’s prior written permission. You may not use this Web site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web site, except to the extent authorized by the Company in writing. You may not use or otherwise export or re-export this Web site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web site or its Content is prohibited.
3.2 Not Legal Advice. The Content is not intended to and does not constitute legal advice, nor is anything submitted to this Web site by a Visitor treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web site or materials linked from this Web site is at your own risk.
3.3 Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web site. The Company disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. The Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Web site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5. Digital Millennium Copyright Act. The Company avails itself of the protections under the Digital Millennium Copyright Act (the “Act”). The Company reserves the right to remove any content that allegedly infringes another person’s copyright. The Company will terminate, in appropriate circumstances, subscribers and account holders of Company’s system or network who are repeat infringers of another person’s copyright. Notices to Company regarding any alleged copyright infringement should be directed to the Chief Legal Officer of the Company via email at legalnotices@lifestatus360.com
6. Linking to this Web Site. You may provide links to this Web site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web site, including any advertisements, terms of use, copyright notice, and other notices on this Web site, (b) you immediately deactivate and discontinue providing links to this Web site if requested by Company, and (c) Company may deactivate any link(s) at its discretion.
7. No Solicitation. You shall not distribute on or through this Web site any postings, advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Company. In no event may any person or entity solicit anyone with data retrieved from this Web site.
8. Advertisers. This Web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web site is accurate and complies with applicable laws. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of this Web site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform the Company of any changes to that information. Each registration is for a single individual only on behalf of one organization, unless specifically designated otherwise on the registration page. The Company does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Company immediately by emailing legalnotices@lifestatus360.com
10. Errors and Corrections. The Company does not represent or warrant that this Web site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. The Company does not warrant or represent that the Content available on or through this Web site will be correct, accurate, timely, or otherwise reliable. The Company may make improvements and/or changes to its features, functionality or Content at any time.
11. Third Party Content. Third party content may appear on this Web site or may be accessible via links from this Web site. TheCompany shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of the Company. Further, information and opinions provided by employees and agents of the Company are not necessarily endorsed by the Company and do not necessarily represent the beliefs and opinions of the Company.
12. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you.
13. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
14. LIMITATION OF LIABILITY. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH THE WEB SITE, OR ANY THIRD PARTY COMMUNICATIONS. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE CONTENT, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
15. Indemnification. You agree to indemnify, defend and hold the Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Web site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any content submitted by you.
16. Third Party Beneficiaries. The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability), and 15 (Indemnification) are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information provider to this Web site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. Unlawful Activity; Termination of Access. The Company reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. The Company may block any user’s access to the Web site any time for any reason or no reason.
18. Remedies for Violations. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Web site and any other Company web sites and their features.
19. Governing Law and Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in San Francisco, California (USA) and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
20. Privacy. Your use of this Web site is also subject to Company’s Privacy Policies, which you can access at https://lifestatus360.com/privacy-policy/.
21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web site, the Privacy Policies and the Company Content and constitute the entire agreement with respect to Visitors’ access to and use of this Web site and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the Company Content terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
22. Modifications to Terms of Use. The Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.