These Terms and Conditions of Use (the “Agreement”) set out the terms on which Brandon Lee, doing business as LifeBuddy (“LifeBuddy” or “we”) will provide LifeBuddy software and services on the LifeBuddy website and through LifeBuddy’s mobile device applications (collectively, the “Service”) to you, a user of the Service (“you” or “User”).
By providing your email address and creating an account as a User of the Service, or by otherwise using the Service, you agree to comply with and be bound by this Agreement, which we may change at any time by posting notice on the Service.
PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Service.
By using the Service, you represent and warrant to LifeBuddy that: (i) you are of legal age to form a binding contract; (ii) you will provide LifeBuddy with accurate, current and complete registration information; and (iii) your registration and your use of the Service is not prohibited by law.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
The Service is not directed at Users under the age of 18. If you are under the age of 18, you are not permitted to register as a User or use the Service.
Ownership of the Service and Related Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of LifeBuddy. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. No Service content, including our trademarks and trade dress, may be used in connection with any product or service without the prior written consent of LifeBuddy.
License to Use the Service
Subject to the terms of this Agreement, LifeBuddy authorizes you to use the Service for your personal, non-commercial purposes. The Service includes certain premium features and services that LifeBuddy offers for a fee (“Premium Services”); you are only authorized to use Premium Services if you have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of LifeBuddy. The Service is licensed, not sold, and you obtain no rights in any copy of software related to the Service other than the rights described in this paragraph.
You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any of any such laws.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
You acknowledge and agree that the availability of the Services is dependent on the third party platform from which you access the Services, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and LifeBuddy and not with the App Store. LifeBuddy, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. You also agree to pay all fees (if any) charged by the App Store in connection with the Services. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it to the extent the rights of the operator of any App Store are affected hereby.
We retain the right to implement any changes to the Service (whether to unpaid or Premium Services) at any time, with or without notice. You acknowledge that a variety of LifeBuddy actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that LifeBuddy has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
Fees and Premium Services. We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our service, at any time.
By using the Service, you agree to any new terms that may result in an increase for its subscription services effective the first day of a billing renewal. Prior to any subscription increase we will notify you when we deem is an appropriate time. If you do not cancel your subscription, you will be deemed to have accepted the new fees.
If you purchase a subscription through an App Store application, the sale is final, and we will not provide a refund. Your purchase will be subject to the App Store’s applicable payment policy, which also may not provide for refunds. To cancel or dispute any charges you will need to communicate with the platform (iTunes, Google Play) of which that app and payment was charged.
Automatic Renewal Options. By signing up for certain subscriptions, you agree that your subscription will be automatically renewed. Unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of subscription purchase. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription.
We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
Trials. From time to time, we may offer a free trial subscription for a Premium Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by LifeBuddy.
LifeBuddy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that LifeBuddy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Warranty Disclaimers, Limitations of Liability and Indemnity
You acknowledge that your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. You should consult a licensed/certified healthcare professional prior to beginning or modifying any diet or exercise program that you undertake, and you acknowledge that LifeBuddy has advised you of the necessity for obtaining such consultations. The Service should not be used by pregnant women. The Service is a source of information, but it does not provide medical advice. LifeBuddy makes no representation that LifeBuddy is a provider of medical services as defined by federal and state laws and regulations pertaining to medical providers and other health care related matters, or that LifeBuddy has any obligations with respect to (a) the appropriateness of your engaging in a weight loss and/or exercise program; (b) the results (or lack of results) obtained by your use of the Services; and (c) any health-related matters arising in connection with your use of LifeBuddy. In no event shall LifeBuddy be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Service or any diet, exercise or other activity you undertake in connection with your use of the Service.
WITHOUT LIMITATION OF THE FOREGOING, LIFEBUDDY AND LIFEBUDDY AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE OR USER CONTENT. THE SERVICE AND USER CONTENT ARE PROVIDED IN “AS-IS” CONDITION, AND LIFEBUDDY AND LIFEBUDDY AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFEBUDDY OR ANY LIFEBUDDY AFFILIATE OR THROUGH THE SERVICE OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU USE THE SERVICE AND USER CONTENT AT YOUR OWN RISK, AND NEITHER LIFEBUDDY NOR LIFEBUDDY AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM LIFEBUDDY OR LIFEBUDDY AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF LIFEBUDDY OR LIFEBUDDY AFFILIATES HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF LIFEBUDDY AND LIFEBUDDY AFFILIATES FOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO LIFEBUDDY IN THE THREE (3) MONTHS BEFORE THE LIABILITY IS ALLEGED TO HAVE ARISEN, OR, IF NO AMOUNTS WERE PAID DURING SUCH PERIOD, THE AMOUNT OF $1. THIS LIMITATION WILL APPLY WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.
You shall defend, indemnify and hold harmless LifeBuddy against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with your use of the Service or your breach of any provision of this Agreement. LifeBuddy reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with LifeBuddy with respect to such defense and settlement.
Cloud Services and Third Party Services
Cloud Services. You acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third party cloud providers (collectively, the “Cloud Providers”); (b) the price at which we could afford to offer the Service would vary if we provided the Service other than using such cloud services; and (c) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
The Agreement, and all future agreements you shall enter into with LifeBuddy, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Tennessee, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with LifeBuddy or any of its affiliates or agents in the State of Tennessee or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davidson in Tennessee.
No delay or omission by LifeBuddy in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by LifeBuddy of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
As used in this Agreement, “including” means “including but not limited to.”
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and LifeBuddy regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
You agree that the electronic text of this Agreement constitutes a writing and your use of the Services and assent to the terms and conditions hereof constitutes a “signing” for all purposes.
In no event shall LifeBuddy be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside LifeBuddy’s reasonable control.
We welcome your input on our Terms and Conditions of Use. If you have any questions or suggestions regarding our Terms and Conditions of Use, please contact LifeBuddy at firstname.lastname@example.org.