terms of use
Last updated November 10, 2020.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING LIFESTORY SERVICES. BY USING LIFESTORY SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE SITE TERMS OF USE.
These terms and conditions (“Terms”) cover the use of all websites controlled by Lifestory Corporation and/or any of its affiliates ("Lifestory Research" or “Lifestory” or "we" or "our" or "us") that reference these Terms (the “Services”). By accessing and using any portion of the Services or registering on the Services, you agree to the Terms below and to the collection, use and disclosure practices as well as other activities described in the Lifestory Research Privacy Policy. If you are an employee or representative of a business, you represent you have the right to agree and do agree to these Terms on behalf of the business.
All use of the lifestoryresearch.com website (the “Site”) is subject to the terms and conditions set forth below. The terms “you” or “User” refer to the person who completed the registration process or any visitor to the Site. By accessing and using any portion of the Site or any service on the Site, or registering on the Site, you agree to accept the terms and conditions below. These terms and conditions represent a binding contract between you and Lifestory Corporation. If you do not agree with any of these terms and conditions, please do not continue using the Site.
Lifestory reserves the right, at its sole discretion, to change, modify, add or remove portions of these Site Terms of Use and Sale or Product Terms at any time. All changes are effective immediately when posted. Lifestory will notify you when any material changes, modifications or additions to these Site Terms of Use and Sale or Product Terms are made. Your continued use of the Lifestory Services means that you accept and agree to these changes. You will be subject to the terms and conditions, policies and Site Terms of Use and Sale and Product Terms in force at the time that you use the Lifestory Services. Lifestory suggests that you review these Site Terms of Use and Sale from time to time. If any of these Site Terms of Use and Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not be part of this Agreement.
The materials and tools contained on the Site are provided by Lifestory as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only. You acknowledge that you are using the Site at your own risk. Lifestory assumes no responsibility for errors or omissions in these materials. Lifestory makes no commitment to update the information contained herein. Lifestory makes no, and expressly disclaims any and all, representations or warranties, express or implied, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Site, or that use of the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
No advice or information given by Lifestory shall create any warranty or liability. The content provided through Lifestory Corporation should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, financial or other decision you are seeking to make. In the case of our product reviews, consumers should always consult the manufacturer and/or their dealer/distributor for the most up-to-date product information, features and specifications.
Lifestory hereby grants you a non-exclusive, non-transferable license to access and use the Site under the terms described in this Agreement. You agree that your use of the Site is solely for personal, non-commercial purposes. The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual article appearing on the Site for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicated that Lifestory Research is the source of the material. For all other uses, including press releases, please contact Lifestory information or instructions. In addition to any other use restrictions set forth in this Agreement, the User may not disseminate any portion of the Site through electronic means, including mail lists or electronic bulletin boards, without the prior consent of Lifestory.
Lifestory does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Lifestory Corporation or any of its parents, subsidiaries, affiliates, licensors, or their respective constituent entities, partners, officers, directors, employees, agents, or representatives be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information provided by Lifestory.
Except as expressly permitted in this Agreement, the content on the Site may not be reproduced, transmitted, or distributed without permission from Lifestory Research. The User may not commingle any portion of the content from the Site with any other information and shall not edit, modify, or alter any portion. All of the content of the Site is either the property of Lifestory Research or Lifestory Corporation or is licensed by Lifestory Research.
User may not use the Site for any purpose that is prohibited by any law or regulation, or to use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site, or any other Site information without prior express written consent of Lifestory Research; obtain or attempt to obtain through any means any materials or information on the Site that has not been intentionally made publicly available either by public display on the Site or through accessibility by a visible link on the Site; violate any measure employed to limit or prevent access to the Site or its content; violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means; impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site; take or attempt any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content.
All product or service names identified by ®, ™ or (SM) symbols or appearing in a type form different from that of the surrounding text – e.g. in bold or italics – are trademarks, trade names and service marks owned by or licensed to Lifestory Corporation (unless otherwise identified as being owned by another entity) and are subject to state, federal, and/or international trademark protection. Unless expressly authorized by Lifestory Corporation, you may not use any trademark, trade name or service mark that you access through any Service with any product or service that is not provided by Lifestory Corporation, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit Lifestory and/or its licensors and affiliates.
Lifestory will do its utmost to ensure that availability of Lifestory Services will be uninterrupted, and that transmission will be error-free. However, due to the nature of electronic data transmission, this cannot be guaranteed. Also, your access to Lifestory Services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new services. We will attempt to limit the frequency and duration of any suspension or restriction to Lifestory Services, products, or websites.
NO WARRANTIES/LIMITATIONS ON LIABILITY
ALL THE INFORMATION CONTAINED IN THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. THE SITE MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. NEITHER LIFESTORY RESEARCH NOR THEIR THIRD PART LICENSORS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE, THE SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. NEITHER LIFESTORY RESEARCH NOR LIFESTORY CORPORATION SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT NEITHER LIFESTORY RESEARCH NOR LIFESTORY CORPORATION NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITE.
USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST LIFESTORY CORPORATION OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO LIFESTORY FOR USE OF THE SERVICES DURING THE PREVIOUS TWELVE (12) MONTHS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Term and Termination
Lifestory Research shall have the right to immediately terminate this Agreement in the event of any breach by a User of this Agreement. Lifestory Research may discontinue or change the Site, or its availability to you, at any time.
General
This Agreement constitutes the entire agreement between the parties relating to the Site and supersedes any and all other agreements, oral or in writing, with respect to the Site. The failure of Lifestory Research to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California.
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.