Terms & Conditions
TERMS AND CONDITIONS FOR ONLINE COURSES, VIRTUAL WORKSHOPS, PODCASTS AND OTHER WEBSITE CONTENT
These Terms and Conditions apply to all online courses, virtual workshops, podcasts, videos, social media posts, website content, e-books,
e-newsletters, and other recommendations (“Programs”) offered by Love in Later Years (“LILY”, “we” or “us”) on our website at
loveinlateryears.com (“Website”). By accessing the Website, purchasing or downloading any Program, or otherwise signifying your acceptance of these Terms and Conditions, you agree to these Terms and Conditions on your own behalf and on behalf of any other person or company listed on the order, registration, signup or similar form for such Program.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
Note to Social Media Users
When purchasing, downloading, accessing, viewing or streaming Programs, products and services from this Website, our LinkedIn® profile or other social media page, and when posting information to or
otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, Subscription Agreement, User's Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service. Please see the following pages for further details:
·
https://www.facebook.com/legal/terms (Facebook's Statement of Rights and Responsibilities);
·
https://twitter.com/tos (Twitter's Terms of Service);
·
https://help.instagram.com/478745558852511 (Instagram's Terms of Service);
·
https://www.tiktok.com/legal/terms-of-service (TikTok's Terms of Service);
·
https://www.linkedin.com/legal/user-agreement (LinkedIn's User Agreement); and
·
https://www.google.com/intl/en/policies/terms (Google's Terms of Service).
1. Program Content, Disclaimers, Ownership, Limited License and Rights of Others
Content. Each Program contains a variety of: (i) materials and other items relating to LILY, our products and services, likeness and image, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, show content, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of LILY (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Disclaimers. THE WEBSITE AND ALL PROGRAMS ARE FOR EDUCATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL, PSYCHOLOGICAL, OR OTHERWISE. LILY, PROGRAM GUESTS, AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ON ANY PROGRAM ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE PROGRAM. INFORMATION FOUND ON THE WEBSITE OR IN ANY PROGRAM. THE CONTENT IS NOT INTENDED TO BE A SUBSITUTE FOR PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE QUESTIONS ABOUT A MEDICAL OR MENTAL HEALTH CONDITION, PLEASE SEE YOUR PHYSICIAN OR QUALIFIED MENTAL HEALTH PROVIDER. DO NOT DELAY SEEKING PROFESSIONAL ADVICE OR IGNORE YOUR DOCTOR'S INSTRUCTIONS DUE TO INFORMATION YOU FIND ON THIS WEBSITE OR BY LISTENING TO ANY PROGRAM. RELIANCE ON INFORMATION PROVIDED BY LILY, PROGRAM GUESTS OR VISITORS ON THE WEBSITE, EVEN IF THEY ARE EXPERTS, IS COMPLETELY AT YOUR OWN RISK.
You understand that by using and accessing any Program, you may encounter Content that you may consider offensive or objectionable, and that such Content may or may not be identified as having explicit material. But you agree to the use of the Program at your sole risk and LILY has no liability to you for material that may be found to be offensive or objectionable. Disclaimers Regarding Testimonials and Endorsements.
In accordance with the U.S. Federal Trade Commission's guidelines concerning use of endorsements and testimonials in advertising (see
https://www.ftc.gov/news-events/topics/truth-advertising/advertisement-endorsements), please be aware of the following:
Testimonials appearing on the Website are collected or recorded via survey text submission, email text, or interview. They are individual experiences, reflecting real life experiences of those that have worked with LILY coaching. But they are individual results and results may
vary. We do not claim they are typical results that clients will generally achieve. The testimonials are not necessarily representative of all those who will work with LILY coaching services.
The testimonials presented on www.loveinlateryears.com apply to the individuals writing them and may not reflect future outcomes for
other persons. LILY cannot and does not guarantee specific outcomes for any of her patients or coaching clients.
The testimonials displayed (text, audio, and/or video) are given verbatim except for correction of grammatical or typing errors. Some have
been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy, or if the entire testimonial did not seem relevant for the public.
Ownership. The Programs (including past, present, and future versions) and the Content are owned or controlled by LILY, our licensors
and/or certain other third parties. All right, title, and interest in and to the Content available via the Program is the property of LILY or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws as much as possible. LILY owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Program.
Limited License. Subject to your strict compliance with these Terms and Conditions, LILY grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one
copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in LILY's sole discretion, and without notice or liability. At times, we may permit you to have greater access to and use of Content.
Rights of Others. When using the Program, you must respect the intellectual property and other rights of LILY and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Program and Content Use Restrictions.
You agree that you will not: (i) use the Program for any political or commercial purpose (including, without limitation, for advertising purposes, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” using any Trademarks; (iii) engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to LILY; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Program source or object code or any software or other products, services, or processes accessible through any portion of the Program; (v) engage in any activity that interferes with a user's access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, LILY, or other users of the Program; (vi) interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the
Program, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Program, other computer systems or networks connected to the Program, through password mining or any other means; (ix) submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; (x) manipulate identifiers, including by forging headers, in order to disguise the origin of any User Content that you submit; (xi) “frame” or “mirror” any part of the Program; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Program; (xiii)
use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or
process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Program.
Operators of public search engines may use spiders to copy materials from the Program for the sole purpose of and solely as needed for
creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) use any automated software or computer system to search for, reserve, buy, or otherwise obtain discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Program, including sending information from your computer to another computer where such software or system is active; (xv) take any action that imposes or may impose (in LILY's sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xvi)
otherwise violate these Terms and Conditions.
Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may result from standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider,
scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of LILY's or our licensors' products, services, or brands; (v) you will not modify such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Other Terms or with the prior written consent of LILY or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Program and Content. LILY may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them), in whole or in part, for any reason, in LILY's sole discretion, and without notice or liability. Reservation of All Rights Not Granted as to Content and Program. These Terms and Conditions include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom,
or otherwise. All rights not expressly granted to you are reserved by LILY and our licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.
3. Feedback You Submit
General. LILY may now or later offer users of the Website the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Website, messages, text, files, comments, responses, information, content, results, reviews, suggestions, your image, likeness and voice, personally identifiable information, or other information or materials and the ideas contained in it (collectively, “User-Generated Content”). LILY may allow you to do this through “contact us”, email, and other communications functionality. Subject to the rights and license you grant in these Terms and Conditions, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
Non-Confidentiality of Your User-Generated Content. You agree that: (a) your User-Generated Content will be treated as non-confidential—even if you mark them “confidential,” “proprietary,” or the like — and will not be returned; and (b) LILY does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon LILY's request, you will furnish us with any documentation necessary to verify the rights to such content and to verify your compliance with these Terms and Conditions. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you know submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with LILY, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Website or any Program are deemed User-Generated Content and licensed to us as set forth below. In addition, LILY retains all the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. LILY's receipt of your Unsolicited Ideas and Materials is not an admission by LILY of their novelty, priority, or originality, and it does not impair LILY's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
License to LILY of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content), you hereby grant to LILY, our successors and assigns, and you agree to grant to LILY, our successors and assigns, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any way whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose in all formats, on or through any means or medium now known or ever developed, and with any technology or devices now known or ever developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes including developing, producing, and marketing products and/or services. In order to effect the rights and license that you grant to LILY to your User-Generated Content, you also hereby grant to LILY, and agree to grant to LILY, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Unless prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 3.
Infringement Policy. LILY respects the intellectual property of others, and we ask our users to do the same. LILY will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws over any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide LILY with the following information:
·
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
·
a description of the copyrighted work or other intellectual property that you claim has been infringed;
·
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
·
your address, telephone number, and email address;
·
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
·
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have
the authorization from the copyright owner, the copyright owner's agent, or under the law, to post and use the content in your User Generated Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content removed or to which access has been disabled and the location at which the content appeared before it was
removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the
content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located
within the State of [name of governing law state] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, LILY will send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The above information should be sent to LILY's for Notice of claims of copyright or other intellectual property infringement by email to the
following address: loveinlateryears@gmail.com (Subject line: “Takedown Request”).
4. Notices and Questions
You agree that: (i) LILY may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Website, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information. If you have a question about using any Program, you may contact us at loveinlateryears@gmail.com. You acknowledge that the provision of customer support is at LILY's sole discretion and we have no duty to provide you with customer support of any kind.
5. Links by You to the Programs
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to each Program, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with LILY or cause any other confusion, and (c) the links and the content on your website do not portray LILY or our products, services or Programs in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to LILY. LILY reserves the right to suspend or prohibit linking to any Program for any reason, in its sole discretion, without notice or any liability of any kind to you or any third party.
6. Linked-To Websites; Advertisements; Dealings with Third Parties
Linked Services; Advertisements. The Programs may contain links, as part of third-party ads on the Programs or otherwise, to or
from third-party websites (“Linked Services”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with LILY. LILY may have no control over the content, operations, policies, terms, or other elements of Linked Services, and LILY does not assume any obligation to review any Linked Services. LILY does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. LILY is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, LILY will never be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of
the Linked Services. LILY disclaims all related liability.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Programs (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). LILY disclaims all related liability.
7. Wireless Features
Wireless Features. The Programs may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access a Program's features and upload content to the Program, receive messages from the Program, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions about these issues.
Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you
have registered via the Program for Wireless Features, then you agree to notify us of any changes to your wireless contact information *(including phone number).
8. Dispute Resolution
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 8 are deemed to be a “written agreement to arbitrate” under the Federal Arbitration Act. You and LILY agree that we intend that this Section 8 satisfies the “writing” requirement of the
Federal Arbitration Act. First—Try to Resolve Disputes and Excluded Disputes.
If any controversy, allegation, or claim arises out of or relates to the Program, the Content, your User-Generated Content, or these Terms and Conditions, whether heretofore or later arising (collectively, “Dispute”), or to any of LILY's actual or alleged intellectual property rights (an “Excluded Dispute”), then you and LILY agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. LILY's notice to you will be sent to you based on the most recent contact information that you provide her. But if no such information exists or if such information is not current, then LILY has no obligation under this Section 8. Your notice to LILY must be sent via email to: loveinlateryears@gmail.com. For 60 days from the date of receipt of notice from the other party, LILY and you will engage in a dialogue to attempt to resolve the Dispute or Excluded Dispute, though nothing
will require either you or LILY to resolve the Dispute or Excluded Dispute on terms with respect to which you and LILY, in each of our sole discretion, are not comfortable.
Binding Arbitration. If we cannot resolve a Dispute as set forth above (or agree to arbitration in writing with respect to an Excluded Dispute) within 60 days of receipt of the notice, then ALL DISPUTES ARISING BETWEEN YOU AND LILY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT—INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, ANY PROGRAM OR ADVERTISING AVAILABLE ON OR THROUGH THE WEBSITE OR ANY PROGRAM.
For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between LILY and you regarding these Terms (and Conditions) and any Program, including the “No Class Action Matters” Section below. BY AGREEING TO
ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. LILY and you agree, however, that the applicable state, federal or provincial law, as contemplated below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and LILY regarding these Terms and
Conditions and any Program, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction's choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of
the American Arbitration Association (“AAA”), except as modified here, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal representative of LILY consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in [name of city] and [name of state where
client has its principal office or place of business]. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require LILY to pay a greater portion or all of such fees and costs for this Section 8 to be enforceable, then LILY will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and Conditions and will determine any Dispute according to applicable law and facts based on the record and no other basis and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Program.
You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR LILY WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR LILY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE WITHIN ONE YEAR AFTER THE DISPUTE ARISES—OR IT WILL BE FOREVER BARRED.
Commencing means, as applicable: (a) by delivery of written notice as set forth above; (b) filing for arbitration as set forth above; or (c) filing an action in state, Federal or provincial court.
Injunctive Relief. The foregoing provisions of this Section 8 will not apply to any legal action taken by LILY to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to any Program, any
Content, your User-Generated Content and/or LILY's intellectual property rights (including such LILY may claim that may be in dispute), LILY's operations and/or LILY's products or services. No Class Action Matters.
YOU AND LILY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or
other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court as provided below. Notwithstanding any other provision of this Section 8, all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained here (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator lacks the power to vary these class action waiver provisions.
Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may be instituted only in the courts of the State of Utah sitting in the County of Davis, or the United States District Court for the District of Utah. Accordingly, you and LILY consent to the exclusive personal jurisdiction and venue of such courts for such matters and irrevocably waive any claim of forum non conveniens.
Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either you or LILY may bring
qualifying claims of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
Governing Law. These Terms and Conditions will be governed by and construed in accordance with, and any Dispute and Excluded
Dispute will be resolved in accordance with the laws of the State of Utah, U.S.A., regardless of its conflicts of law provisions
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF ANY PROGRAM IS AT YOUR SOLE RISK. ALL PROGRAMS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, LILY and each of our employees, agents, Program guests, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Indemnified Parties”), disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
1. any Program (including the Content and the User-Generated Content);
2. the functions, features, or any other elements on, or made accessible through, any Program;
3. any products, websites or instructions offered or referenced at or linked through any Program;
4. security associated with the transmission of your User-Generated Content transmitted to LILY via any Program;
5. whether any Program or the servers that make any Program available are free from any harmful components (including viruses, Trojan
horses, and other technologies that could adversely impact your Device);
6. whether the information (including any instructions) on any Program is accurate, complete, correct, adequate, useful, timely, reliable or safe;
7. whether any defects to, or errors on, any Program will be repaired or corrected;
8. whether your access to any Program will be uninterrupted, timely, secure or error-free;
9. whether any Program will be available at any particular time or location; and
10. whether your use of any Program is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HERE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the
extent such jurisdictions' laws apply.
10. LIMITATIONS OF LILY'S LIABILITY
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, NEVER WILL ANY INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
1. any Program (including the Content and the User-Generated Content;
2. your use of or inability to use any Program;
3. any action taken in connection with an investigation by Indemnified Parties or law enforcement authorities on your access to or use of
any Program;
4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
5. any injury or damages you sustain directly or indirectly as a result of your use of any Program;
6. any errors or omissions in any Program's technical operation; or
7. any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security
breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or
network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the
Indemnified Parties were advised of or should have known of the possibility of such losses or damages, whether or not you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of any Program).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so
the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY OTHER TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INDEMNIFIED PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION RELATED TO YOUR ACCESS TO AND USE OF ANY PROGRAM AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID LILY TO ACCESS THE PROGRAM OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR CLARITY PURPOSES, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT LILY PROVIDES.
11. Updates to Terms and Conditions
These Terms and Conditions, in the form posted at the time of your use of the applicable Program to which it applies, shall govern such
use (including transactions entered during such use). AS OUR PROGRAMS EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH LILY OFFERS THE PROGRAMS MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAMS UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE ANY PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH LILY ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS (“ADDITIONAL TERMS”) BY POSTING THEM ON THE WEBSITE DOWNLOAD HOMEPAGE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR ACCESS TO ANY PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use each time you use any Program (at least before each transaction or submission). The New Terms will be effective for new use and transactions as of the time that LILY posts them, or such later date as may be specified in them or in other notice to you. But the Terms (and any applicable Additional Terms) that applied when you used the Program will continue to apply to such prior use unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement must continue until sufficient notice to establish a new agreement occurs. You should often check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms and Conditions are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing listening to the Programs and related websites.
12. General Provisions
LILY's Consent or Approval. As to any provision in these Terms and Conditions that grant LILY a right of consent or approval, or permits LILY to exercise a right in our “sole discretion,” LILY may exercise that right in our sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by LILY without being in writing and signed by LILY.
Indemnity. You agree to, and you hereby, defend, indemnify, and hold Indemnified Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Indemnified Party, or on account of the investigation, defense, or settlement, arising out of or in connection with, whether occurring heretofore or later: (i) your User-Generated Content; (ii) your use of any Program and your activities in connection with any Program; (iii) your breach or alleged breach of these Terms and Conditions or any Other Terms; (iv) your violation or alleged violation of any laws, rules,
regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of any Program or your activities in connection with any Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Indemnified Parties' use of the information that you submit to LILY (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Indemnified Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Indemnified Parties retain the exclusive right
to settle, compromise, and pay any and all Claims and Losses. Indemnified Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without in all cases the prior written consent of an Indemnified Party.
Operation of the Programs; Availability of Products and Services; International Issues. The Programs are operated in the United States, and are mainly intended for users located in the U.S. LILY makes no representation that any Program is appropriate or available for use beyond the U.S. If you listen to the Programs from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws about your online conduct and acceptable content, if and to the extent local laws apply. LILY reserves the right to limit the availability of the Programs and/or the provision of any content, program, product, service, or other feature described or available on the Programs to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and LILY disclaim any application to these Terms
and Conditions of the Convention on Contracts for the International Sale of Goods.
Severability; Interpretation. If any provision of these Terms and Conditions is for any reason declared invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be treated as severable from these Terms and Conditions, and the invalidity of the provision will not affect the validity or enforceability of the rest of these Terms and Conditions (which
will govern). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms and Conditions, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms and Conditions.
Communications. As permitted by applicable law, when you communicate with LILY electronically, such as via email and text message, you
consent to receive communications from our electronically. LILY does not have to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that LILY provides to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival. LILY reserves the right, without any limitation, to: (i) investigate any suspected breaches of security or our information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and Conditions, (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and Conditions, and (vi) discontinue any Program, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to LILY under these Terms and Conditions. Upon suspension or termination of your access to any Program, or upon notice from LILY, all rights granted to you under these Terms and Conditions will cease immediately, and you agree that you will immediately discontinue access to the Programs. The provisions of these Terms and Conditions (including the terms applicable to User-Generated Content), which by their nature should survive
your suspension or termination will survive, including the rights and licenses you grant to LILY in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Assignment. LILY may assign our rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. These Terms and Conditions may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of LILY.
No Waiver. Except as expressly set forth in these Terms and Conditions: (i) no failure or delay by you or LILY in exercising any of rights, powers, or remedies here will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term
of these Terms and Conditions will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing here shall be construed to restrict LILY's right to amend these Terms and Conditions as otherwise permitted here.
Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet website provider, mobile service, and other services needed for your access to the Programs and you will be responsible for all charges related to them.
13. Terms Applicable For Apple Device Users
If you are accessing or using any Program through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device referenced
as an “Apple Device”):
1. If you are accessing the Program through an Apple Device, you acknowledge that these Terms and Conditions are entered into between you and LILY and, that Apple is not a party to these Terms and Conditions other than as third-party beneficiary as contemplated below.
2. The license granted to you in Section 1 of these Terms and Conditions is subject to the permitted Usage Rules in the Apple App Store
Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Program.
3. You acknowledge that LILY, and not Apple, is responsible for providing the Program and Content.
4. You acknowledge that Apple has no obligation at all to furnish any maintenance or any support services to you with respect to the
Program.
5. As much as the law permits, Apple will have no other warranty obligation over the Program.
6. Notwithstanding anything to the contrary in this Agreement, and subject to these Terms and Conditions, you acknowledge that,
solely as between Apple and LILY,
LILY and not Apple is responsible for addressing any claims you may have relating to the Program, or your possession and/or use of it, including, but not limited, to: (i) product liability claims, (ii) any claim that the Program fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. Further, you agree that if the Program, or your possession and use of the Program, infringes on a third party's intellectual property
rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions, and
that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary.
9. When using the Program, you agree to comply with all third-party terms that apply to any platform, website, technology or service that interacts with the Program.
10. You represent and warrant that: (i) you are not in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted
parties.
14. Contact Us
If you have questions or suggestions, please contact us at loveinlateryears@gmail.com.
© Love In Later Years - All Right Reserved
Follow us:
