Terms of Service

Last Updated: November 21, 2019



Welcome to the Terms of Service (the “Terms”), which govern your use of the Start Change application ("App") and associated services provided by LifeON24 Inc. (“LifeON24,” “We,” “Us,” or “Our”). To make these Terms easier to read, LifeON24.com, StartChange.life, our App and associated services are collectively called the “Services.”


Please carefully read this whole Terms before deciding to use the App, as it covers creating an account and other important terms.



THE SERVICES ARE OFFERED IN A BETA TESTING PHASE AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING PHASE IS TO OBTAIN FEEDBACK ON PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICES AND/OR ACCOMPANYING MATERIALS.
If you have any questions, contact us at support@LifeON24.com.


Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

Changes to Terms or Services

We may modify the Terms and our Services at any time, at our sole discretion. If we do so, we may let you know via (i) email, (ii) notifications, or (iii) by posting to the Services. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Term indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services at any time, and without notice to you, at our sole discretion.

Creating an Account

In order to access and use the Services, you will need to create an account (your “Account”). By creating an Account, you become a “User” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law. You also represent that you also agree to be bound by our Privacy Policy and give consent to allow access of services to your Minor.

Your Account should be yours – don’t use the Services under the name of another person with the intent to impersonate that person, or use a phone number that is subject to the rights of another person without appropriate authorization. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any user account that you create through the Services that violates our Terms. You are responsible for activities that occur under your Account.

If you believe your account has been suspended as a result of error please contact us at support@LifeON24.com.

Member Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) any Content that Members (including you) provide to be made available through the Services.

You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make such Content available to other Members of the Services, who may also use such Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We do not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Services.

Member Conduct

We invite you to participate in our community, but ask that you respect other Members just like yourself when posting Content and using the Services.

You Agree NOT to:

  • use language or transmit content that may be considered offensive or profane to other Members or users. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
  • harass or threaten other Members or users. Harassing behavior and language includes insults, ethnic or homophobic slurs, defamatory statements, invasive statements that may infringe on a Member’s privacy, or the transmission or sharing of any content that may cause another Member or user to experience ridicule, threat, or discomfort.
  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage us, our Members, or any third party;
  • publish any private information of someone (like their address or phone number) without their permission;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements;
  • impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals;
  • solicit a Member’s Account information; or
  • harvest Member names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exhaustive. We don’t have an obligation to monitor your access to, or use of, the Services, but we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed, or may not be removable, and copies of your Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.

Our Content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our content (“Our Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Our Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by Us or our affiliates.

You have the right to view and access Our Content. However, you may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Our Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Our Content; or (iii) use the Services or Our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Intellectual Property

The Services contain material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information, and all Our Content. We, and any of our licensors or others, exclusively own all right, title and interest in, and to the Services and Our Content, including all associated intellectual property rights. You acknowledge that the Services and Our Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services and Our Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Our Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

Third Party Links & Integrations

The Services may allow for integrations and interactions with third party services and applications. A user may choose to connect these third party services or applications to his/her account within our application. The use of these third party applications or services may result in additional data collected, used, or stored by these third parties and the accepted use of these services or applications is governed by each third party’s own privacy policy and terms of use, and outside of our control. We encourage you to review the privacy policies and terms of use of these third party services before integrating them with your account.

The Services use AdMob and so are subject to Google’s AdMob’s Terms of Service

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by emailing us at support@LifeON24.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect, retain, and use. Our Privacy Policy is incorporated in these Terms, and is available at www.LifeON24.com/privacy.

DMCA/Copyright Policy

We respect copyright law and expect visitors and Users to do the same. It is our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site or within a single application are covered by a single notification, a representative list of such works at that site or within the application; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification must be sent to

LifeON24, Inc.
8755 126th Ave NE
Kirkland, WA 98033

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Indemnity

You agree to defend, indemnify and hold harmless Us, or our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Services and Account at our sole discretion, at any time and without notice to you.

Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Medical Disclaimers

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON THE SERVICES FOR IMMEDIATE, URGENT MEDICAL NEEDS. THE CONTENT AND FUNCTIONALITY OF THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES MAY NOT BE USED TO STORE OR TRANSMIT ANY PROTECTED HEALTH INFORMATION UNDER HIPPA AND RELATED LAWS AND REGULATIONS.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

ACKNOWLEDGMENT OF BETA PLATFORM

You acknowledges and agree that: (a) the Services are not an official product and have not been commercially released for sale by us; (b) the Services may not operate properly, be in final form or fully functional; (c) the Services may contain errors, design flaws or other problems; (d) it may not be possible to make the Services fully functional; (e) the information obtained using the Services may not be accurate and may not accurately correspond to information extracted from any database or other source; (f) use of the Services may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (g) we are under no obligation to release a commercial version of the Services; and (h) we have the right unilaterally to abandon development of the Services, at any time and without any obligation or liability to you. You acknowledge and agree that you should not rely on the Services for any reason. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Services. You will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Services.

Disclaimer of Liability

BECAUSE OF THE NATURE OF THIS BETA TEST, YOU AGREE AND ACKNOWLEDGE THAT WE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY PROBLEMS IN OR CAUSED BY THE SERVICES OR THE RELATED DOCUMENTATION, WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING LOSS PROFITS).

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to support@LifeON24.com.

  1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
  2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
  3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. The disputing party is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Us under these Terms, including those regarding modifications to these Terms, will be given by us via (i) email, (ii) in-app notification, or (iii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information

If you have any questions regarding these Terms, please email us at support@LifeON24.com.



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