terms of use
These Terms of Use (these “Terms”) are entered into by and between you and Life Engineering, Inc. (“Company”) and govern your use of www.lifeengineering.com (the “Website”), whether as a guest or a registered user.
Please read these terms carefully before you begin use of the Website. By using the Website, you accept and agree to be bound by and to abide by these Terms and the Privacy Notice available at https://lifeengineering.com/system/privacy-policy/. Do not access or use the Website if you do not want to agree to these Terms.
The Website is offered and available to users who are of the age of majority in the jurisdiction in which they reside. Minors or individuals under 18 years should not access or use the Website.
Access to the Website and Account Security
Company may amend the Website and any service or other information provided on the Website, in Company’s sole discretion without notice to you. Company is not liable if, for any reason, all or part of the Website in unavailable at any time or for any period. From time to time, Company may restrict access to the Website or any part of the Website. You are responsible for making any arrangements necessary for you to access the Website.
You may be required to provide certain registration details or other information to access the Website or use some of the features offered. All information you provide must be accurate, current and complete. All information provided to register or otherwise use the Website is governed by the Privacy Notice available at https://lifeengineering.com/system/privacy-policy/ and such information may be used by Company as set forth in the Privacy Notice.
If you register for an account and receive a user name, password, identifier or other information as part of such registration and security procedures, you must treat such information as confidential and not disclose it to any third party and to log out of your account at the end of each session. You agree not to provide such information to any third party or allow any third party to use your user name, password or other security information. You agree to notify Company immediately of any unauthorized access to or use of such account information. Company reserves the right to disable your account at any time for any or no reason in its sole discretion, including if, in Company’s opinion, you have violated these Terms.
Purchases and Refunds
Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to Company charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars. All sales are final, and no refunds shall be issued.
Trial Period and Cancellation Policy
For those consumer products that offer a free trial, trial users will receive a 7-day notice by email when their trial period will end. If the trial subscription is not cancelled prior to the last day of the trial, subscriptions will automatically be converted to a paid subscription and the subscription amount will be charged to the payment method on file.
Consumer product subscriptions may be cancelled in the middle of a subscription term; however, partial or pro-rated refunds will not be provided. You will continue to have access to the product until the last day of your paid term, at which point the subscription will be cancelled.
To cancel your subscription, navigate on LifeEngineering.com to the Members/My Account page (https://lifeengineering.com/shop/my-account/). On the My Subscription or Subscriptions tab, you will see any active subscriptions at the top. Clicking on the “Cancel” button will cancel your subscription and you will be able to see your remaining paid term and the date on which your access will end.
Intellectual Property Rights
The Website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, trademarks, service marks, logos, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the content provided by Company and to download or print a copy of any portion of such content to which you have properly gained access solely for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.
All content provided by Company on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Other than the content provided by you which you own, under these Terms, Company and/or its licensors own all the intellectual property rights and materials contained in the Website.
Restrictions
You may use the Website only for lawful purposes and in accordance with these Terms. You specifically agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.
You also agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without Company’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Content
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (“User Content”). By providing User Content, you grant Company a non-exclusive, worldwide irrevocable, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. All such User Content will not be considered confidential or proprietary.
All User Content must be your own and you represent and warrant that you own and control all rights in and to the User Content and have the right to grant the license outlined herein and that such User Content does not infringe on any third-party’s rights. Company is not responsible for or liable to any third party for the content or accuracy of any User Content posted by you or any other party, including its legality, reliability, accuracy or appropriateness.
You are responsible for the User Content you submit and have full responsibility for such User Content. All User Content must comply with the following content standards and must comply with all applicable federal, state, local, and international laws and regulations. User Contributions must also not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and the Privacy Policy available at https://lifeengineering.com/system/privacy-policy/.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.
Site Management and Enforcement
Company reserves the right, but does not have the obligation, to: monitor the Website for violations of these Terms and to remove or refuse to post any User Content; take any action, including reporting a user to law enforcement authorities, with respect to any User Content that Company deems necessary or appropriate in its sole discretion (including without limitation if Company believes that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company); terminate or suspend your access to the Website for any or no reason, including without limitation for your violation of these Terms; and otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Third Party Content, Links and Social Media
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part. The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website; send emails or other communications with certain content, or links to certain content, on the Website; or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Company and solely with respect to the content they are displayed with. Subject to the foregoing, you must not establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; link to any part of the Website other than the homepage; or otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserves the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in its discretion.
Disclaimer of Warranties
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Changes to these Terms
Company may revise these Terms at any time as it sees fit in its sole discretion. All changes are effective immediately upon being posted. Your continued use of the Website following any updates to these Terms constitutes your acceptance of the revised Terms, You are expected to review these Terms on a regular basis so you are aware of any changes as they are binding on you.
Assignment
Life Engineering, Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms and the Privacy Notice constitute the entire agreement between Company and you in relation to your use of the Website and supersede all prior agreements and understandings, both written and oral, regarding the Website.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision and you submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah for the resolution of any disputes, although Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms in any court of competent jurisdiction to enforce it intellectual property rights or otherwise seek injunctive relief or in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Company Contact
The Website is operated by Life Engineering, Inc. To contact Company or provide other feedback, comments, requests for technical support, and other communications relating to the Website reach out to Company at:
Life Engineering, Inc.
PO Box 219
Bountiful, UT 84010
Email: data-protection@lifeengineering.com
Last Modified: June 7, 2023
