Terms of Service
Effective November 14, 2014
BY ACCESSING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU SIGNED THESE TERMS.
B. Our Terms of Service:
1. Service Conditions. You cannot not use the Services unless you are at least 18 years of age, or (b) you are 13 years of age or older, obtain the consent of your parent or legal guardian to use the Services, and your parent or legal guardian agrees to be bound by these Terms and agrees to be responsible for your use of the Services on your behalf. By accessing the Services, you represent and warrant to us that: (i) either subsection (a) or (b) above is true; (ii) you have the right, authority and capacity to agree to, and abide by these Terms; and (iii) you shall not use any rights granted hereunder for any unlawful purpose or for any purpose which violates these Terms, as determined by us.
2. Grant of License. These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary license to access and use the Services. We shall be entitled to terminate, restrict, or suspend this license granted to you with immediate effect and without notice, including removing your ability to access or use the Services, for any reason or no reason, as determined by us.
3. Mobile Devices. If you are accessing the Services via a mobile device or tablet which is owned or controlled by you (a “Device”) then, subject to your compliance with these Terms and our Policies, the license granted hereunder allows you to access the Services using your Device. You understand and agree that use of the Services via your Device may result in data or other charges from your mobile communication service provider and you expressly release, indemnify, hold harmless, and defend us from any and all liability relating to any such charges and/or your Device.
(a) To use certain aspects of the Services, you must create an Account. In connection with the Services, you agree to provide true, accurate, current and complete information as prompted by our registration forms, and to maintain and promptly update the information you provide to us in order to keep your information true, accurate, current and complete. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES AND/OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
5. Content and User Content.
(a) By Us. All Posts and Content on the Services, or obtained from a Linked Site (defined below) are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. ActiveLifeDC provides the Services for informational purposes only. Any statements made by us and available through the Services are opinions only. OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT OR FITNESS INFORMATION DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR PROFESSIONAL ADVICE. ActiveLifeDC is not a medical professional or a certified personal trainer, and ActiveLifeDC does not provide medical services or render medical advice. Our Services are not a substitute for the advice of a medical professional or other professional (such as a certified personal trainer), and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional. YOUR USE OF OUR SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US. YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on the Services or reliance on any of the aforementioned. The information, items, or descriptions of items or information published through the Services may include inaccuracies or typographical errors. We use reasonable efforts to provide you with useful Content, however, we do not warrant or represent that the Content available through the Services is complete or up-to-date.
(b) Linked Sites.
(ii) Third Party Products and Services. When you use the Services to purchase or use products or services from a Linked Site, you are purchasing that product or service directly from the third party Linked Site. If you purchase products or services from a Linked Site, your order is placed with, filled by, and shipped by that third party Linked Site. We have no involvement in any shipment, fulfillment, returns, or refunds associated with any products or services that you purchase from or view in connection with a Linked Site or third party. You understand that you must contact the third party Linked Site directly for inquiries related to any interactions you may have with Linked Sites, including but not limited to: returns, shipping, customer service, refunds, and general information. By using the Services, you expressly represent and warrant that you will abide by and will not violate any policies, rules, terms, or conditions of that third party Linked Site.
(c) Posted by You.
(i) You are solely responsible for and retain all rights in the Content that you create using the Services or Post on the Website or transmit to us or other Users (“User Content”). You agree that you will not: Post User Content containing obscenities, as determined by us; Post User Content of people who have not given permission for their images to be uploaded to the Services; Post User Content that infringes on the intellectual property rights of others; Post any User Content which violates any provision of the use restrictions in Section 12; and/or Post any objectionable User Content as determined by us in our sole discretion. WE ARE NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST USING OUR SERVICES.
(ii) You will retain ownership of your User Content. However, you also agree that by Posting Content anywhere within, on, or using the Services, you automatically grant to us an irrevocable, perpetual, non-exclusive, paid-up, royalty free license to use, copy, sell, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content, each as determined by us. You further agree that we have the right to promote any Content through Social Media Profiles, as determined by us in our sole discretion. You agree that any User Content you Post is not being disclosed in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. To the extent any ‘moral rights’, ‘ancillary rights’, or similar rights in or to the User Content exists and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the license granted to us by you hereunder or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to User Content, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to User Content you Post on the Website or to us or other Users.
(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect to your User Content, and that your User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that your User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, as determined by us.
(iv) You agree that we may but are not obligated to: filter any Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; refuse to display any Content; remove Content from the Services for any reason or no reason, as determined by us; and/or disclose any Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Content from the Services.
(vi) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other Content Posted on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, ActiveLifeDC is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content posted or made available on the Services. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any Content Posted by you or by a third person using your Account.
(v) The Services may allow you to rate and Post reviews of Users and third parties. Such ratings and reviews are considered User Content and are governed by these Terms. Your ratings and reviews do not reflect the views of ActiveLifeDC. We strive to maintain a high level of integrity with our ratings and reviews and other User Content. All ratings and reviews must be legitimate. Any rating or review that we determine, in our sole discretion, to be disingenuous, contrived, misleading or could otherwise diminish the integrity of our ratings and reviews system, the Content or the Services may be removed by us without prior notice to you.
(d) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through the Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on the Services, and you expressly assume those risks when using the Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through the Services or a Linked Site.
6. Events. Through the Services, we provide a venue that enables Users to make other Users aware of events which are hosted by us, other Users, and/or third parties (“Events”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Events and are not involved in any way with the actions of any individuals at these Events. As a result, we have no control over the identity or actions of the individuals who are present at these Events, and we request that our Users exercise caution and good judgment when attending these Events. FURTHER, YOU UNDERSTAND AND AGREE THAT WE: (a) do not employ, recommend or endorse any Users and have no control over the acts or omissions of any other User in any way using or having used the Services, on or off the Website; (b) are not responsible for the performance or conduct of any User or other third parties in any way using or having used the Services, on or off the Website; (c) are under no obligation to become involved in disputes between Users; and (d) are not a party to any transactions between Users. We do not screen Users or conduct any kind of identity or criminal records checks. As such, Users should exercise caution and perform their own screening before connecting with a User through the Services, meeting anyone, or traveling to a location in response to an Event Posted on the Services or otherwise. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services or your interactions or dealings with other Users, including but not limited to any acts and/or omissions of Users in any way using or having used the Services, on or off the Website, as further described below. By using the Services, you acknowledge that you are solely responsible for such use and the connections you make and that ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK. Although we have no obligation to verify any information provided by a User in connection with the Services, we reserve the right to do so in our sole discretion. You hereby authorize us to verify the representations and warranties you make or the other information you provide. You agree to provide us with any and all information and/or verification we may request as we deem appropriate in our sole discretion.
7. Sweepstakes. From time to time, we may give away products and services of third parties which are provided to us by third parties, by us, or by our Affiliates (as defined in Section 10 below) (collectively, “Sponsors”), subject to these Terms and any other materials or Content we may provide regarding such giveaways (collectively, “Sweepstakes”).
(a) Eligibility and Entrant Requirements: Sweepstakes are open to legal residents of the fifty states of the United States of America including Washington D.C., who are 18 years of age or older as of January 1, 2014. Employees of Sponsors and such companies’ founding corporations, subsidiaries, affiliates, and advertising and promotional agencies, and such employees’ immediate family or household members, are not eligible to participate in the Sweepstakes.
(b) How To Enter. Between the dates displayed on the Website in connection with a Sweepstakes, visit the Website and follow the instructions to submit the online entry form for the Sweepstakes. No purchase or payment is required to be entered in the Sweepstakes or to win a prize. By entering you consent to receiving emails from us and the Sponsors about Sweepstakes and other information about the Sponsors and its products and services.
(c) Selection of Winner. Sponsor and its representatives will select winners at the times listed on the Website in connection with the applicable Sweepstakes. Winners will be selected at random from a nationwide pool of entrants in the sole discretion of Sponsor, whose decisions will be final, subject to verification of the selected participants’ eligibility. Winners will receive the products and/or services offered by Sponsors in connection with the applicable Sweepstakes. Odds of winning will be based on eligible number of entries received. All federal, state, and local taxes associated with any prize awarded to the winner, as well as all other costs involved in claiming, operating, or owning any such prize, are the sole responsibility of the winner. Neither Sponsor, nor its respective founding corporation, subsidiaries, or affiliates have made or are responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prize, including without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to any such prize. No prize is transferable or redeemable for cash, and prize substitution will not be allowed, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value for any of the prizes.
(d) Winner Notification. The winners will be notified that they have been selected by telephone, email, federal mail, or in-person. If Sponsor is unable to notify the winners that they have been selected, or if any notification is returned as undeliverable, for any reason beyond the Sponsor’s control, the prize will be forfeited and an alternate winner will be selected. Winners will be required to verify their eligibility in a manner determined by us, and may be required to sign an additional statement of eligibility and release before claiming the prize. If the winner does not fulfill these requirements, the prize will be forfeited and an alternate winner will be selected.
(e) Liability. We and our subsidiaries, affiliates, distributors, branches, dealers and vendors, as well as these companies’ officers, directors, agents, employees, and Affiliates (as defined in Section 10 below) are not responsible for and shall not be liable for: (i) lost, misdirected, or late entries; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an entrant’s or other persons computer related to or resulting from participating in the Sweepstakes, or accessing or downloading materials relating to the Sweepstakes; (iv) any conditions caused by events beyond the control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (v) any losses or damages of any kind resulting directly or indirectly from acceptance, use or misuse of the prizes awarded in the Sweepstakes or from participation in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate, or suspend any Sweepstakes if causes beyond Sponsor’s control corrupt the administration, security or operation of the Sweepstakes. In the event of termination, Sponsor will award the prizes from the pool of entrants who entered prior to the corruption of the Sweepstakes. By participating in the Sweepstakes, all entrants agree to release and hold harmless Sponsor, its subsidiaries, affiliates, distributors, dealers and vendors, and the officers, directors, agents and employees of all such companies from any and all losses, damages, rights, claims and actions of any kind resulting from participation in any Sweepstakes, or acceptance, possession or use of any prize, including without limitation, personal injuries, death, property damages, defamation, infringement of intellectual property rights and claims based on the rights of publicity and privacy.
(f) Publicity. By participating in any Sweepstakes, each entrant offers permission to use his or her name, photograph, voice, biographical information and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, except as where prohibited by law.
(g) Rules. The Sweepstakes will be governed by this Section 7 and these Terms. With respect to Sweepstakes, in the event of a conflict between the provisions of this Section 7 and the remaining provisions of these Terms, the provisions of this Section 7 shall control and any remaining non-conflicting provisions of this Section 7 shall be supplemental and remain in force. By participating in any Sweepstakes, entrants agree to be bound by these official rules and decisions of Sponsor and its agents, whose decisions are final on all matters relating to any Sweepstakes. The Sweepstakes is void where prohibited by law, and is subject to all federal, state and local laws and regulations. Once the winners have been verified and the prizes have been awarded, the names of the winners will be available on the Website.
(h) General Conditions. We and the Sponsors reserve the right to disqualify any entrant from the Sweepstakes if, in our or a Sponsor’s sole discretion, the Sponsor reasonably believes that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices.
8. Advertisers. With respect to any Affiliate (as defined in Section 10 below) or third party that Posts advertisements on the Website, including but not limited to by placing banners on the Website (each an “Advertiser”), Advertiser’s ads are subject to a separate agreement with us as well as our policies regarding ads (collectively, an “Ad Agreement”), which is hereby incorporated herein by reference. The rights and obligations of an Advertiser and us are established by the Ad Agreement. In the event of a conflict between the provisions of an Advertiser’s Ad Agreement and these Terms, the provisions of the Ad Agreement shall control and the remaining provisions of these Terms shall be supplemental and remain in effect. Further, in the event of such a conflict, the term “User” shall exclude the Advertiser for the purposes of these Terms.
10. Intellectual Property.
(a) Trademarks. ACTIVELIFEDC, ACTIVELIFEDC.COM and CRITICAL POINT, LLC, and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States, other countries, or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.
(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the District of Columbia laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on the Services. The compilation of all Content on the Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the District of Columbia to all material described in the trademarks section above. Your access to all information and Content located on the Services is strictly permitted through the license granted to you under these Terms. Except for the license granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the same. In connection with the Services, we have adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the Account termination, in appropriate circumstances, of Users who are infringe on the intellectual property rights of others. If you believe that a User is, through the use of the Services, unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly infringing or unauthorized material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent (“Designated Agent”): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the Content on our services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such Content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable Content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our Designated Agent is:
United States Corporation Agents Inc
700 12th Street NW, Suite 700
Washington, DC 20005
11. Linking To Our Website. You are granted a limited, revocable, non-exclusive right to create a text hyperlink to the Website, provided that such link does not portray ActiveLifeDC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time and for any reason or no reason, as determined by us in our sole discretion. Upon such time as we notify you that your limited right to link to the Website has been revoked by us, you agree to immediately cease using and remove any and all links to the Website which were previously created, used, or controlled by you. You may not use an ActiveLifeDC logo or other proprietary graphic of ActiveLifeDC to link to this Website without the express written permission of ActiveLifeDC which we may withhold in our absolute discretion. Further, you may not use, frame or utilize framing techniques to enclose any ActiveLifeDC trademark, logo or other proprietary information, including the images found on the Website, any text or the layout/design of any page or form contained on a page of the Website without ActiveLifeDC’s express written consent. Except to the extent you may link to the Website as noted above, you are not conveyed any other right or license by implication, estoppel or otherwise.
12. Use Restrictions. You may not use or plan, encourage or help others to use the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using the Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of ActiveLifeDC, a User, or a third party (b) copy, distribute, or modify any part of the Services without our prior written authorization; (c) Post inappropriate, inaccurate, false, misleading, or objectionable Content to the Services, as determined by us; (d) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Post Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to the Services, including but not limited to by: attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with the Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (k) collect Content, personally identifying information, and/or other information from the Services, or otherwise access the Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by the Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on the Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
13. Termination, Restriction, and Suspension.
(a) Termination By You. You may cancel your Account at any time for any reason or no reason by notifying us in writing (email to email@example.com) is acceptable. Upon cancellation of your Account, access to certain features of the Services may be restricted. Termination of your Account will be effective within a reasonable time after we receive notification of your desire to cancel, as determined by us.
(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Account, and/or license to access or use the Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, as determined by us.
14. DISCLAIMERS. IF YOU CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES ACTIVELIFEDC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ACTIVELIFEDC MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. ACTIVELIFEDC MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACTIVELIFEDC OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. Release and Waiver of Claims. To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, arising from or in any way related to: (A) YOUR USE OF THE SERVICES, (B) AN EVENT, (C) THESE TERMS, (d) YOUR DEVICE, (E) CONTENT AVAILABLE ON OUR SERVICES, (F) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (G) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/OR CONTENT obtained or accessed by or through the Services. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
16. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS RELATED TO OR RESULTING FROM ANY ASPECT OF OUR SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO ANY ASPECT OF OUR SERVICES OR INABILITY TO USE OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed one hundred twenty-five dollars ($125). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
17. Dispute Resolution.
(a) In the event that any dispute arises with respect to the Services, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in the District of Columbia, and at our option, such arbitration shall be before a single neutral arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising with respect to the Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the courts located in the District of Columbia or in the U.S. District Court for the District of Columbia, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of the Services. By using the Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in the District of Columbia or in the U.S. District Court for the District of Columbia as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms, including but not limiting the provisions of Sections 5, 10, and 12 were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 17, we shall be entitled to petition the courts mentioned in Section 17(a) for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without positing bond or other security, and to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our ability to submit any above-mentioned dispute to arbitration or to the above class action wavier according to this Section 17, the parties agree to litigate any such dispute according to Section 17(a) above and to replace any other such terms or provisions of Section 17(a) or Section 17(b) with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 17 shall be enforceable as so modified. In any event, the remainder of these Terms will continue to apply.
18. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the Services; any infringement of a third party’s rights; your Device; a breach of representation or warranty; your User Content; an Event attended or hosted by you; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of the Services by you; any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies.
19. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 3 through 10, 13 through 23, and 25 through 27 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Account, or your license to use or access the Services shall survive any such termination.
20. Notification. By using the Services, you agree that we may provide you with any notices or other communications about the Services or your Account electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liability for Posting any Content to Users.
21. Severability; No Waiver. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
23. Our Relationship with You. With respect to you, we are an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and ActiveLifeDC to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
24. Third Parties. From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services, including but not limited to marketing functions. You agree that we may engage such third parties in providing Services to you, as determined by us.
25. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.
26. Headings. Headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neutral, and each word will include the singular form, plural form, and other conjugations of that word.
28. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. The Services are designed and targeted to Users who reside in the United States. We make no representation that the Services are operated in accordance with the laws or regulations of, or governed by, other nations. By accessing the Services you certify that you meet the age and other eligibility requirements for use of the Services. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Further, you agree to comply with all laws, restrictions and regulations relating to the export of items, Content, and the Services. For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”)) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving the Services and Content.
29. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice to us at: firstname.lastname@example.org.
Effective November 14, 2014
A. About Us:
Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy shall have the meanings given to such terms in the Terms of Service. If you have any questions or concerns, please do not hesitate to contact us at: email@example.com.
1. Information We Collect.
(a) Personal Data. Personal Data and other information are collected from you when you create an Account with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. To create an Account with us, you may be asked to provide us the following Personal Data: your username and email address.
(b) Location Data. We and third parties with whom we may partner may collect location information in relation to a User’s Device and use of the Services (“Location Data”) with respect to you. If you use the Services, then you are providing consent to collect Location Data such as the physical location of your Device which will be used to provide you with certain features of the Services. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other Users to enhance the quality of Content Users provide to us and to enhance the quality of the Services we provide to you. We may also share your Location data with third parties. Location Data is shared anonymously in a form that would not personally identify you.
(c) Use Data. When you send or receive Content using the Services, we collect data about that Content.
(d) Log Information. When you browse the Services, you do so anonymously, unless you have previously created an Account with us. However, we may log your IP address to give us an idea of which part of the Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into the Services. Also, the Services may use a standard technology called a ‘cookie’ to collect information about how you interact with the Services. Please see “Cookies” below for more information.
(e) Aggregate Data. Certain aspects of the Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor the Services. This Policy does not restrict what we can do with aggregate information.
(f) Device Information. We may collect data about the computer or Device you use to access the Services, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier information.
(g) Cookie and Flash Cookie. We collect information through technology, such as cookies, flash cookies and web beacons, including when you visit the Services or Linked Sites. Please see Section 7 below for further information, including information regarding how to disable cookies.
(h) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
2. How We Use It. We use, allow access to, or disclose your Personal Data to third parties with whom we partner in order to:
(a) enable us to provide the Services to you;
(b) notify you regarding the Services or your Account;
(c) increase the usability of the Services;
(d) provide information about promotional offers;
(e) deliver our newsletter, if you elect to receive it;
(f) investigate objectionable use of the Services;
(g) respond to requests for assistance from our customer support team;
(h) analyze trends and use of the Services; and
(i) carry on our business, as determined by us.
3. Who We Share It With.
We will not share Personal Data with companies other than our Affiliates except in the following circumstances listed below. We will share Personal Data with companies other than our Affiliates:
(a) When you have enabled us to share your Personal Data with another company or Affiliate, such as: in sending you offers and promotions about their products and services; or allowing us to share your personal data with third parties or Linked Sites, such as Social Media Profiles. Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices.
(b) When necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 2 above.
(c) When required by law or by court order.
(d) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others.
(e) If we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Service and this Policy will be assigned and delegated to the other company.
(f) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with our Affiliates and other third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.
4. Your Choices.
(a) Any information, Personal Data, or Content that you voluntarily disclose for Posting to the Services becomes available to other Users and/or the public. Further, any Content that you Post may be searchable by other Users and third parties as well as subject to use by others. Once you have Posted Content or made it viewable to others, that Content may be re-shared by others and we have no control or liability regarding how others my use the Content you Post. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using the Services.
(b) The Services may allow you to use the Services to share Content on Social Media Pages. If you use such functionality of the Services, then you should use caution when determining to whom you want to make Content available. If you choose to Post Content on third party Social Media Profiles, then, depending on the privacy settings of your Social Media Profiles, it is possible that persons in addition to those to whom you intended to view that Content could have access to that information. Accordingly, you should use caution when sharing Content via third party Social Media Profiles and you should carefully review the privacy practices of such Social Media Profiles.
(c) If you remove information, Personal Data, or Content that you Post to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties copied or saved that information.
5. Security of Your Personal Information. We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
6. Your Account. Users may review and update Personal Data by logging into their Account. If your Account is terminated by you or us, we will remove your name and other Personal Data from our publicly viewable database. If you close your Account, we have no obligation to retain your information, and may delete any or all of your Account information without liability. However, we may retain Content related to you for any reason we determine. We may also retain and use your Content if necessary to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.
8. Compliance with the Children’s Online Policy Protection Act. We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use the Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (at 15 USC § 6501–6506). We never collect or maintain Personal Data through the Services from those we actually know are under thirteen (13), and no part of the Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Account of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
9. Linked Sites. The Services and/or third parties may provide links to Linked Sites and Content provided by third parties. However, we are not responsible for the privacy practices employed by Linked Sites, nor are we responsible for the information or Content that third party data contains. This Policy applies solely to information collected by us through the Services; thus when you use a link to go from the Services to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them. When you conduct e-commerce with a Linked Site, certain Personal Data s may be collected by the Linked Site and made available to us.
10. Changes to our Policy; Miscellaneous. We reserve the right to change this Policy, our Terms of Service, and our other Polices at any time. We will notify you about changes to this Policy by placing the updated Policy on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference.
11. Questions or Comments Regarding this Policy. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: firstname.lastname@example.org.