This Terms of Use Agreement (this “Agreement”), which is a legal agreement between you (“you”) and The Lifebook Company, LLC, an Illinois limited liability company doing business as Lifebook, LifeBook and Mylifebookonline (collectively “Lifebook”), shall govern your use of and access to Lifebook's Website located at www.mylifebook.com (the “Website”), certain affiliated websites and all services and programs provided by Lifebook as described therein (the “Services”). By checking any acceptance boxes, clicking any acceptance buttons, by completing an online assessment or simply by making any use of the Website, you (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to Lifebook that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand Lifebook's Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.
Please read this Agreement carefully. If you do not agree to the terms and conditions of this Agreement or the Privacy Policy, you should immediately cease any and all activities on the Website and/or use of any Services.
Lifebook may amend any part of this Agreement at any time, and the amended terms will be effective 2 days after initial posting at the Website. In addition, Lifebook may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. Further, Lifebook may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEBSITE. YOUR CONTINUED USE OF THE SERVICES OR WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Lifebook from time to time.
The Services are described within various pages of the Website and in certain printed materials, including, but not limited to, the Lifebook Program Terms and Conditions posted on the Website (“Lifebook Program Terms and Conditions”). You should review these pages and materials to gain a better understanding of the Services and the goals behind the Website. At a general level, Lifebook serves as an information portal and service provider to individuals seeking to make improvements in their lives. Among other content and services available at the Website, participants may, from time to time, be able to (a) complete an online assessment, (b) communicate and share information with others in various online forums, (c) sign up for Lifebook's personal development web based program, My Lifebook Online, or Lifebook's personal development live in-person seminar program, (collectively “Lifebook Program”), (d) ask questions of, and review advice posted by, various facilitators, coaches and/or counselors, and (e) purchase various other services and products related to the foregoing. Lifebook expressly reserves the right to discontinue, suspend or terminate the offering of the Services at any time. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment.
Lifebook, as described on the Website, in the Lifebook Program Terms and Conditions and in certain printed materials from time to time, charges a fee for certain Services made available at the Website or off-line (including, without limitation, the Lifebook Program). Such fees, if charged, and any cancellation policies with respect thereto, are or will be described in various pages throughout the Website, in the Lifebook Program Terms and Conditions or in separate printed materials. You hereby authorize Lifebook to charge any credit card you provide to Lifebook at the Website or elsewhere for all fees due and owing to Lifebook. Such fees may be charged to your credit card upon purchase or download (as applicable) or, at Lifebook's option, at a later time. You hereby agree and acknowledge that you shall not, under any circumstance, (i) revoke the above-referenced authorization to charge the above-referenced credit card(s) for any Services rendered, any products purchased at the Website or any materials downloaded or viewed from the Website, or (ii) contest any charges to the above-referenced credit card(s) which are made by Lifebook. You shall, as is the case with other disputes arising hereunder, be entitled to resolve any and all such disputes pursuant to the dispute resolution Section set forth below. Your use of the Website and/or the Services constitutes your acknowledgment of, and agreement with, this fee arrangement.
Any and all advice, suggestions or summaries provided through the Website should be carefully reviewed by you and/or professional or medical advisors prior to any person or entity acting on any such advice. Lifebook does not recommend or endorse any advice or suggestions provided through the Website, nor does it make any representation or warranty regarding the quality of Services offered or provided through the Website.
You hereby acknowledge that any responses to questions or blog entries posted at the Website or in any way involving the Website do not, under any circumstance, constitute legal, professional, psychological or medical advice. No advice obtained through or via the Website shall be deemed to constitute professional advice of a therapist or counselor. Lifebook does not endorse the advice or thoughts provided by any participant at any forum or by any coach, facilitator or counselor. Lifebook's services are administrative and informational only.
By submitting a question on any page within the Website and/or making any submission to the Website, you hereby understand and agree that you have established a business relationship between you and Lifebook, which is the owner of the Website. As such, you agree that Lifebook may contact you using contact and/or other information you provided with information, surveys and offers of services available through Lifebook, the Website or any other website owned or operated by Lifebook or an affiliate of Lifebook from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Lifebook, please send an e-mail to jessica@mylifebook.com to be removed from this list.
Lifebook hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, including search results and other information, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Website and is subject to strict compliance with the rules and other terms of this Agreement. In particular, and not in limitation of the foregoing, any ebook, video or other similar media purchased or downloaded by you at the Website, and any responses to questions received through the Website, are intended for your personal use and may not be re-broadcast, transferred, assigned, shared, viewed by or otherwise made available to anyone other than you.
In return for the license and authorization Lifebook grants you in this Agreement to use the Website, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Website, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or other Section of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. Lifebook reserves the right to remove any content it deems inappropriate in its sole discretion, and may terminate your or any other user's access to restricted areas or forums at the Website at any time in its sole discretion for any or no reason. While Lifebook reserves the right to monitor all content posted in any forum, it has no obligation to do so.
Certain portions of the Website may be limited to Lifebook members. By using any Lifebook membership services or accessing any members-only portion of the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain and promptly update the accuracy of the information; (c) you are 18 years of age or older; and (d) your use of such services does not violate any applicable law or regulation. You may not share your passwords with any third party or otherwise provide access through your account to any restricted area of the Website. Lifebook shall have the right to terminate or limit any membership in its sole and absolute discretion at any time and for any reason. You agree to notify Lifebook immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You are solely responsible for your interactions with other Lifebook Members. Lifebook reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
All contents of the Website are: Copyright © 2009 The Lifebook Company, LLC. All rights reserved. “Lifebook” and “LifeBook” and “MyLifebookOnline” are each service marks of The Lifebook Company, LLC. Other product and company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Lifebook (which consent may be withheld at Lifebook's sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Lifebook or any of its licensors. This Agreement shall not be deemed to transfer from Lifebook to you (i) any of Lifebook's or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Lifebook, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement. In exchange for your use of the Website, you hereby grant to Lifebook an unlimited, irrevocable, fully-paid, transferable, non-exclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display any content, photographs or other materials you post to the Website or any forum contained in the Website, alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You may remove your content from the Website at any time. If you choose to remove such content, the license granted above (a) will automatically continue with respect to any content used by Lifebook as permitted above, and (b) will expire with respect to any such content not used by Lifebook; however, you acknowledge that Lifebook may retain archived copies of your content. Lifebook does not assert any ownership over your content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content subject to the license granted herein.
Lifebook intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Lifebook at any time. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.” LIFEBOOK AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE OR ANY OF LIFEBOOK'S SERVICES, (III) WARRANTIES AS TO THE EFFECT YOUR USE OF THE WEBSITE OR ANY LIFEBOOK SERVICES MAY HAVE ON YOUR LIFE, OR (IV) AS TO THE ACCURACY OR UTILITY OF ANY SUGGESTION, ADVICE OR ANSWER PROVIDED TO YOU IN ANY PORTION OF THE WEBSITE. USE OF THE WEBSITE AND/OR LIFEBOOK'S SERVICES IS AT YOUR OWN RISK. LIFEBOOK IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR LIFEBOOK'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIFEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of LIFEBOOK, its owners and agents for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to LIFEBOOK during the 3-month period immediately preceding the date on which the applicable claim arose.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Services. While it is Lifebook's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time, including without limitation videos streamed through the Website. You understand and acknowledge that due to circumstances both within and outside of the control of Lifebook, access to the Website and/or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Lifebook shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT LIFEBOOK SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR SERVICE.
Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Lifebook, Lifebook's licensors, subsidiaries, and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, “Lifebook Releasees” and individually a “Lifebook Releasee”) from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content and any Services offered through the Website, including, without limitation, any dealings or transactions between you and third parties from whom you obtain any information, goods, or services through the Website.
Indemnity. You will indemnify and hold harmless the Lifebook Releasees against any claim or demand made by any third party and any damages, costs, liabilities, and expenses, including, without limitation, reasonable attorneys' fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, the Website content or the services offered through the Website, (c) your violation of this Agreement or your violation of any rights of another person, or (d) any activity carried out by another person using your account or password with your knowledge. You shall, upon the request of Lifebook or its insurer, take over the defense of any claim against any Lifebook Releasee without cost or expense to any Lifebook Releasee, it being understood, however, that each Lifebook Releasee may retain its own counsel and participate in any such claim for the further protection of its/his/her interests.
a. General. The Website and the Website content may contain or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Lifebook assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Lifebook has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Lifebook expressly states in writing to the contrary, Lifebook neither endorses nor adopts as its belief any such statements. Lifebook provides information in articles Lifebook posts or links to through the Website only for educational and general informational purposes and not as professional advice. Lifebook has made no attempt to verify any information contained in such articles.
b. Advertisers. The Website may include advertisements or offers for access to information, goods, and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Website, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Lifebook makes no representations about and disclaims any and all liability to any person for any such information, goods and services. Lifebook does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser's information, goods or services, or (iv) act as your general contractor, agent or adviser.
c. Links. As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliate with Lifebook. When you use these links, you will leave the Website and Lifebook will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Lifebook is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website. Inclusion of hyperlinks to linked websites on the Website does not imply (i) that Lifebook sponsors, endorses, or is affiliated or associated with the linked website, (ii) that Lifebook is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) that the