Untitled

Welcome to Lifebook, we hope this is the beginning of a relationship that will last for many years to come! Please be sure to read over the details in these Terms of Use. By signing up for a Lifebook Membership account subscription (“Lifebook Membership Subscription”) you agree that you have read, understand the contents of, and agree to all terms and conditions contained in this subscription agreement (“Agreement”). Should you have any questions concerning this Agreement, please contact Lifebook at legal@mylifebook.com.

These terms and conditions are between you and The Lifebook Company, LLC, an Illinois limited liability company doing business as Lifebook and My Lifebook Online (collectively “Lifebook”) and shall govern Clients use of the web-based program and services (the “Services”) provided by Lifebook.

ACCEPTANCE OF AGREEMENT

When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (collectively referred to as “Terms”) at any time by visiting www.mylifebook.com. Your continued use of the Services without requesting to cancel your Lifebook Membership Subscription signifies your binding acceptance of the changes. If any part of these Terms or any futures changes to these Terms are not acceptable to you, you may cancel the Services by sending a cancellation notice tomembership@mylifebook.com.

RESTRICTIONS

Unauthorized use of the Services is expressly prohibited. Unauthorized use of the Services shall include copying, selling, transferring, distributing, publishing, or assigning your license to the Services in any format to any third party. Use of the Services is available only to individuals or businesses that can form legally binding contracts under applicable law. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. If you are not at least 18 years of age, then you represent that you have received consent from your parent or legal guardian to use the Services.

USER’S GRANT OF LIMITED LICENSE

In order to obtain an Account for the Services, you will either be assigned or prompted to select a personal, non-transferable password. You are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert Lifebook immediately. In addition, you acknowledge that Lifebook may communicate with you through email. You are responsible for ensuring that Lifebook has your current email address so that Lifebook can provide you such communications, which may or may not include billing important notices.

By posting or submitting content to www.mylifebook.com, you:

Grant Lifebook and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Lifebook will not infringe or violate the rights of any third party.

SUBSCRIBER INFORMATION

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. In order to ensure that you receive uninterrupted service, you must promptly inform Lifebook of any of the following changes in:

email address;
expiration date of any credit card used in connection with the service;
home or billing address; and
breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password.

Until Lifebook is notified by e-mail of a change in any of the above items (including a breach in security), you will remain liable for any unauthorized use.

ACCOUNT INFORMATION AND DATA

Lifebook does not own any data, information or material that you store in your account and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. Please be aware that Lifebook does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. Lifebook may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not Lifebook, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, Lifebook shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

USER CONDUCT

You are solely responsible for the content of all data you store or retrieve from your account and from all public folders. You are prohibited from accessing the Services and the sites and materials available over the Services from territories where such activities are illegal. You agree to abide by all applicable local, state, national and international laws and regulations in connection with the Services, and not to knowingly use the Services for any purpose that is unlawful or prohibited. In addition, without limitation, you agree not to use Services to:

Transmit any content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content;
Transmit any material that contains software viruses or other harmful or deleterious computer codes;
Use the Services in any manner which could damage, disable, overburden, or impair the Services or its network(s);
Interfere with any other party's use and enjoyment of the Services, including the distribution of unsolicited spam messages or other impermissible advertising or marketing activities;
Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means;
Assist a third party’s efforts to harvest or otherwise collect information about other users, including but not limited to member e-mail addresses for spamming or other purposes.

REFUNDS

Lifebook does not offer refunds to its subscribers except in the event of billing errors.

PAYMENT OF FEES

The fees applicable for a Lifebook Membership Subscription are provided on our website at www.mylifebook.com. Lifebook reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided).

By agreeing to this Agreement and purchasing a Lifebook Membership Subscription to the paid version of the Services, you are agreeing to allow Lifebook to place your account on a recurring payment plan. The account will automatically be charged according to the terms of the account type you select on the same day each month. Further, you grant permission to Lifebook to charge your credit card or payment service for any and all Services you request and any renewals thereof. If Lifebook is unable to process a payment for your account on the specified processing date, Lifebook may suspend your account pending a successful payment transaction. After five (5) payment failures, the account will be deactivated. If you do not pay the outstanding balance for your account within thirty (30) days after the account is deactivated, then Lifebook reserves the right to terminate your account and cancel your Lifebook Membership Subscription.

CANCELLATION

You may cancel your account at any time by sending a cancellation notice to membership@mylifebook.com. If you cancel your account while it is in good standing, Lifebook will continue to make your data available to you until the end of the current billing cycle. Because Lifebook charges its subscribers for each unpaid billing cycle in advance, in order to cancel your account and not be charged for an impending billing cycle, you must make your cancellation request at least five (5) business days before the next automatic billing occurrence.

TERMINATION AND END OF SERVICE

You acknowledge that Lifebook, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Services for any reason, including, without limitation, if Lifebook believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any Lifebook user agreements. Lifebook may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Lifebook may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Lifebook shall not be liable to you or any third-party for any termination of your access to the Services, including but not limited to, migration of your data and files away from the Services. Lifebook is not responsible for exporting any user data and files to you after you terminate your Lifebook Membership Subscription.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy for a description of our privacy practices. The terms of our Privacy Policy are incorporated into these Terms by reference and constitute part of the Agreement between you and Lifebook.

PROPRIETARY RIGHTS

Except for the licenses granted herein, you have no right, title or interest in or to Services or any content contained in the Services (“Content”). You acknowledge and agree that the Services, Content, and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by intellectual property and other applicable laws, and that Lifebook or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in the Services, Content, and Software, including, without limitation, text, images, other multimedia data, source code, and object code. Lifebook and/or other Lifebook products and services referenced herein are either trademarks or registered trademarks of Lifebook. Lifebook grants you a limited, personal, non-transferable, non-exclusive license, to use the Software. You agree not to, for the benefit of yourself or a third party, modify, reverse engineer, or create derivative works from any of the Services, proprietary information, or Software.

Lifebook's patent pending 12-category processes, environment, software, instruction materials and the Lifebook Design Process are valuable and unique assets of The Lifebook Company, LLC. These processes and materials constitute trade secrets and proprietary information belonging to Lifebook and its affiliates. You agree not to record any portion of the Lifebook Program audio or video on any medium whatsoever, including cell phone, computer, video or camera or any desktop recording device. You further agree that you will not at any time use the Lifebook Confidential and Proprietary Information for any purpose other than in connection with the preparation of your own personal lifebook.

You acknowledge and agree that all Content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Lifebook, Lifebook Publishing, Jon Butcher and or its subsidiaries herein referred to as Lifebook, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Lifebook is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in this Agreement is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Lifebook. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at legal@mylifebook.com.

NO WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITY.

Lifebook and its’ employees and online video directors are neither professional counselors nor are they trained to provide any psychological counseling. The Services are designed solely to facilitate your individual effort and to create your own personal lifebook. Lifebook Services are administrative and informational only. You hereby (a) acknowledge and agree that (i) neither Lifebook nor the Lifebook Membership Subscription provides medical, psychological, legal or professional advice or counseling and (ii) Lifebook does not endorse the advice or thoughts provided by any participant at any forum or by any coach, online facilitator or counselor and (b) 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 medical, psychological or legal effects resulting from your attending or participating in the Lifebook Membership Subscription program (and no Lifebook Releasee shall be liable in any way from any such effects or any other liabilities arising out of any Lifebook Membership Subscription).

YOU ACKNOWLEDGE THAT LIFEBOOK DOES NOT PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE OR COUNSELING AND, ON BEHALF OF YOURSELF AND YOUR HEIRS AND SUCCESSORS, YOU WAIVE AND RELEASE LIFEBOOK AND ITS EQUITY OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY MEDICAL OR PSYCHOLOGICAL EFFECTS RESULTING FROM YOU ATTENDING OR PARTICIPATING IN THE LIFEBOOK MEMBERSHIP SUBSCRIPTION (AND NO SUCH PERSON SHALL BE LIABLE FOR ANY SUCH EFFECTS).

Lifebook is in no way liable for loss of customer data. Under no circumstances will Lifebook be held accountable for any loss of customer data. By becoming a Lifebook user you, the customer, acknowledge that you forfeit the right to hold Lifebook accountable for any and all technical errors, including loss of user files (customer data).

LIFEBOOK PROVIDES THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, LIFEBOOK DOES NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF LIFEBOOK’S SERVERS FOR THE SERVICES. SOME U.S. STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY.

You agree to indemnify and hold Lifebook harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of Lifebook Services or breach of this Agreement. Upon a request by Lifebook, you agree to defend, indemnify, and hold Lifebook harmless and its subsidiaries and other affiliated companies, and their equity owners, members, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site and the Services. Lifebook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.

IN NO EVENT SHALL LIFEBOOK BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF LIFEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE SERVICE IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL LIFEBOOK, ITS SUBSIDIARIES, EQUITY OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND THE LIFEBOOK SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIFEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME LIFEBOOK JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIFEBOOK’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In the event that, notwithstanding the foregoing disclaimers and indemnification, Lifebook is found responsible to any Lifebook user for any reason whatsoever, Lifebook's responsibility shall be limited to the amounts actually paid by such user for Lifebook's services, and shall not include punitive damages or consequential or resulting damages of any nature. Lifebook does not guarantee length of Services.

FORCE MAJEURE

Lifebook is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, acts of terrorism, natural disasters, or similar circumstances. Further, Lifebook does not provide any warranties respecting its Services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.

CHANGES AND REVISIONS

You agree that Lifebook has the right to change the terms, conditions, and notices under which it offers the Services, including any charges associated with the use of the Services. If Lifebook decides to make substantial changes to these Terms, it will post the changes to its website. Lifebook suggests that you periodically check these Terms on the Lifebook web site to make sure that your understanding of the Terms is up to date. Your continued use of the Services without cancelling your account after the effective date of such changes constitutes your acceptance of and agreement to such changes.

GOVERNING LAW; COMPLIANCE WITH LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the conflicts of laws. Lifebook makes no representation that materials used within the Services are appropriate for use outside of the United States, and access to the Services from locations where its contents are illegal is prohibited. If you access the Services from outside the United States, you are responsible for compliance with local laws. You may not use the Services or export or re-export the Content, Software or Services contained on or made available through the Services in violation of United States export laws and regulations.

Lifebooks failure to enforce any right under these Terms will not waive that right. If any provision of these Terms is invalid, these Terms should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Terms or the Services within one year after it arises.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Lifebook with respect to the site, the Lifebook Services and your Lifebook Membership Subscription, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Lifebook with respect to this site, the Lifebook Services and the Lifebook Membership Subscription. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Legal Information

Specifications subject to change without notice.