This Anthym Service Terms Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Lifetracks, Inc., a Delaware Corporation (“Company” or “we” or “us”). This Agreement governs your use of the Anthym Service, (including all related documentation, the “Service”). The Service is licensed, not sold, to you. The Services provided through this Service enable users to tell public personal stories through media selection and sharing. BY CHECKING THE CHECKBOX CONFIRMING THAT YOU HAVE READ THESE TERMS AND AGREE TO THEM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR CONTINUE TO USE THE SERVICE;
1. License Grant.
Subject to the terms of this Agreement, Lifetracks, Inc. grants you a limited, non-exclusive and nontransferable license to:
(a) use the Service for your personal, non-commercial use strictly in accordance with the Service’s documentation; and
(c) You acknowledge that this Agreement is concluded between Lifetracks, Inc. and you only.
2. License Restrictions. Licensee shall not:
(a) copy the Service, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Service;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Service.
3. Reservation of Rights. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Lifetracks, Inc. and its service providers reserve and shall retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Geographic Restrictions. The Content and Services are based in the state of Arizona in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
6. Maintenance and Updates
(a) Support. Lifetracks, Inc. may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Lifetracks, Inc. has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
7. Third Party Materials. The Service may display, include or make available third-party content (including data, information, Services and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Lifetracks, Inc. is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Lifetracks, Inc. does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
8. Term and Termination.
(a) The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Lifetracks, Inc. as set forth in this Section.
(b) You may terminate this Agreement by contacting Lifetracks, Inc. at email@example.com and working with our staff to cancel your account.
(c) Lifetracks, Inc. may terminate this Agreement at any time without notice if it ceases to support the Service, which Lifetracks, Inc. may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate;
(ii) Lifetracks will cancel your account; and (iii) you must cease all use of the Service and delete all copies of the Service from your Mobile Device and account. (e) Termination will not limit any of Lifetracks, Inc.’s rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE SERVICE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LIFETRACKS, INC., ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LIFETRACKS, INC. PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SERVICES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT SERVICELY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIFETRACKS, INC. OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE. IN PARTICULAR, LIFETRACKS, INC. AND ITS AFFILIATES RELY ON YOUR INPUT OF CORRECT BANKING, LOAN SERVICE PROVIDER, AND OTHER FINANCIAL INFORMATION IN ORDER TO PROVIDE YOU WITH THE SERVICES AVAILABLE THROUGH THE SERVICE. IN NO EVENT WILL LIFETRACKS, INC. OR ITS AFFILIATES BE LIABLE FOR ERRONEOUS TRANSFERS OF, OR A FAILURE TO CORRECTLY TRANSFER, FUNDS WHERE SUCH ERROR OR FAILURE IS ATTRIBUTABLE TO INCORRECT BANKING, LOAN SERVICER PROVIDER OR OTHER FINANCIAL INFORMATION. THE FOREGOING LIMITATIONS WILL SERVICELY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LIFETRACKS, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT SERVICELY TO YOU.
11. Identifying Information. We may at any time require you to provide additional information in order to verify your identity. This information may include your full name, address, telephone number, date of birth, or such other information or documentation as we may deem necessary. Such information may be required, for instance, in order to meet our legal obligations or the requirements of our financial service partners and their financial institution partners.
12. Indemnification. You agree to indemnify, defend and hold harmless Lifetracks, Inc. and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Service or your breach of this Agreement. Furthermore, you agree that Lifetracks, Inc. assumes no responsibility for the content you submit or make available through this Service.
13. Export Regulation. The Service may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all Applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Service available outside the US.
Lifetracks, Inc. may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
15. Developer Contact Information. End User may direct questions, complaints or claims with respect to the Service to Lifetracks, Inc. at:
3961 Chandler Blvd
Phoenix, AZ 85048
16. Severability. If any provision of this Agreement is illegal or unenforceable under Applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Arbitration and Governing Law. Except for where prohibited by Applicable law: (a) The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Lifetracks, Inc. in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Lifetracks, Inc. any class action, class arbitration, or other representative action or proceeding. (b) By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Lifetracks, Inc. (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. (c) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Lifetracks, Inc. (except for small-claims court actions) may be commenced only in the federal or state courts located in Maricopa County, Arizona. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. (d) This Agreement, and any dispute between you and Lifetracks, Inc., shall be governed by the laws of the state of Arizona without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. (e) For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of Arizona, U.S.A., excluding Arizona’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Maricopa County, Arizona, USA, and you and Lifetracks, Inc. consent to personal jurisdiction in those courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Changes to the Agreement and Services. Lifetracks reserves the right to make changes to this Agreement and the Services provided through the Service from time to time. If we make material changes to the Agreement, we will notify you either by sending you a notification by email, or by a notice displayed within the Service. Continued use of the Service following such notice will constitute your acceptance of the changes. If you do not wish to continue using the Service following such changes to the Agreement or the Services, you may cancel your subscription.
21. User Suggestions. From time to time, to provide the best service and user experience, Lifetracks, Inc. may modify the Services provided through the Service based on your suggestions. By providing us with any such suggestions, you waive any moral rights you might have with respect to any such suggestions you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
22. Hateful Conduct Policy. You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. Hateful imagery and display names: You may not use hateful images or symbols in your profile image or profile header. You also may not use your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category. Violation of this policy is grounds for immediate freeze of your account and permanent ban from the Service.
23. Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect. Such provisions include but are not limited to sections governing refunds and unclaimed property.
24. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any Applicable purchase or other terms, the terms of this Agreement shall govern.
25. Business Day. "Business Day" means a day other than a Saturday, Sunday or other day on which commercial banks in Tempe, Arizona are authorized or required by Law to be closed for business.
26. Non-transferable account. You agree that your Service account is non-transferable and all of your rights to your profile or contents within your Service account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Lifetracks, Inc. in any manner.