Terms of Use

 Effective: May 30, 2019

These TERMS OF USE (“Terms of Use”) are between you, a user of any portion of the Platform (“you” or “your”) and LifeBac LLC and its affiliates (collectively, “LifeBac,” “our,” “we,” or “us”).  These Terms of Use govern your interaction with us through your use of the Platform (defined below) operated by LifeBac, which includes (i) a mobile application solution (“Solution”); and (ii) the LifeBac website located at https://lifebac.com/ (the “Website”) (collectively, the “Platform”).  The Platform provides you access to certain telehealth services and consultations related to alcohol use (“Services”) provided by the Providers, as well as access to a peer support community and educational materials.  For purposes of these Terms of Use, “Providers” means, collectively, the licensed health care professionals that are affiliated with or contracted by LifeBac to provide the Services through the Platform.

In the event that you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, references to “you,” “your” or users shall include such entity or person in addition to you.  You represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms of Use and your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.  “Registered Users” are eligible individuals who have completed the registration process for access to areas of the Platform that require a user to log-in and/or individuals who have subscribed to use the Solution.

The disclaimers, terms, and conditions on these Terms of Use are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by us, including through a registration process, a purchase, or other means (“Specific Conditions”).  To the extent there is a conflict between these Terms of Use and any Specific Conditions, the Specific Conditions shall control.

BY USING OR OTHERWISE ACCESSING THE PLATFORM, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE PLATFORM, AND/OR MAKING A PURCHASE THROUGH THE PLATFORM, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE.  IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, FOUND HERE AND INCORPORATED HEREIN BY REFERENCE, YOU MAY NOT USE OR OTHERWISE ACCESS THE PLATFORM, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE PLATFORM, OR MAKE ANY PURCHASE THROUGH THE PLATFORM.

Modifications to this Agreement

We reserve the right to, in our sole and absolute discretion, change, modify, add or remove portions of these Terms of Use at any time without prior notice.  LifeBac will strive to generally provide all users and Registered Users with notice of significant changes to these Terms of Use by posting a notice regarding the new policy on the Platform.  Any change(s) in these Terms of Use will be effective when notice of such change(s) is/are posted.  BY ACCESSING OR USING THE PLATFORM AFTER SUCH REVISIONS ARE POSTED, YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.  In the event of a conflict between these Terms of Use and any changes, modifications, revisions or additions, those changes, modifications, revisions or additions shall control.

No Medical Advice

The Platform should never be used for emergency medical care.  If you are experiencing an urgent health matter or otherwise need immediate medical attention, call 911 or go to the nearest open clinic or emergency department.

Medical advice is only rendered through the Platform when you are a Registered User using the Platform to interact directly with a Provider.  Otherwise, the Content made available to you on the Platform is to be used for informational purposes only to provide you information on and access to the Services.  Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Platform.  To the extent medical advice is provided to you, as a Registered User, when you interact directly with a Provider on the Platform, such medical advice is based only on your personal health data as provided by you through the Platform.

We use commercially reasonable efforts to ensure the accuracy of the Content, but we do not guarantee the sequence, accuracy, or completeness of the Content and shall not be liable in any way to you, or anyone else to whom the Content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions in the Content.  Such Content is relied upon at your own risk and sole discretion.

Permission to Access and Restrictions

We hereby grant you a limited, nonexclusive, revocable, non-assignable, nontransferable authorization to view, copy, print and use the Platform and any Content (defined below) contained on the Platform solely for your own personal or internal use, provided that it is used for informational and non-commercial purposes only.  The use of the Platform or any Content for commercial purposes is expressly prohibited.

Furthermore, you may not access, use or copy any portion of the Platform through the use of indexing agents, spiders, scrapers, bots, web crawlers or other automated devices or mechanisms.  You may not use, copy, modify, duplicate, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the Content or materials of the Platform or rent or sell use of or access to (such as on a time share or service bureau basis) the Platform, or any of the Content or materials on the Platform.  You may not permit third parties to access the Platform or use any Platform Content and may not make any other use of the Platform or any Platform Content except as set forth in these Terms of Use.  You may not harvest or collect information about others, including e-mail addresses.  Any conduct by you that is determined in our sole discretion to restrict or inhibit any other person from using or enjoying the Platform will not be permitted.

Nothing in these Terms of Use may be construed as granting you any other right in the Platform outside of the limited license to access the Platform, the Content and the Services.  You may not send unsolicited messages (e.g. spam) through the Platform, or post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of the Platform, or any related system, software, hardware, data or other information.

You may not use the Platform (i) in an offensive manner towards any individual or person, (ii) for political purposes, (iii) to harm or exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material, (v) to post, submit, or transmit material in a racially, ethnically or otherwise impermissibly discriminating manner, (vi) to post or reference obscene, pornographic, indecent or illegal materials, (vii) to discuss, incite or otherwise solicit illegal activity, or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights.

We may discontinue or alter any aspect of the Platform, remove Content from the Platform, restrict the time the Platform is available, or restrict the amount of use permitted in our sole discretion and without prior notice or any liability to you or any third party.  You also understand and agree that LifeBac may also terminate or otherwise deny your access to the Platform without notice in the event LifeBac believes, in its sole discretion, that (i) you have violated a provision of these Terms of Use, (ii) you have used or misused the Platform in a manner that we determine is unlawful, unethical or otherwise inappropriate, (iii) such action is reasonably necessary to protect a third party or LifeBac, or (iv) if such action is otherwise required by law.  You agree that we may, with or without cause, immediately suspend and/or terminate your access to the Platform or any part thereof.  You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.

Ownership

The content included with and/or displayed on the Platform including, without limitation, the text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software (collectively, “Content”), is the property of LifeBac, the Providers or our or their respective affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws.  The compilation of all Content on the Platform, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Platform is also the exclusive property of LifeBac, the Providers or our or their respective affiliates or vendors and is also protected by United States and international intellectual property laws.  The Platform may contain various third-party names and marks that are the property of their respective owners.  Any unauthorized use of our intellectual property including, without limitation, our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

Nothing in these Terms of Use is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of LifeBac or any third party, except as expressly provided in this section and the section entitled “Permission to Access and Restrictions.”  You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content.  All rights not otherwise expressly granted by these Terms of Use are reserved by us.

Content and Feedback

You acknowledge that the Platform may contain Content provided by us or by third parties (including Registered Users and other users of the Platform) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or later developed.  Content posted or provided by Registered Users and other users of the Platform via the Platform (collectively, “User Content”) is the intellectual property of the specific users of the Platform who post such User Content.  By your submission, posting or delivering of User Content to us, you hereby grant to us a transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your User Content.  We do not generally monitor or otherwise remove User Content after it is posted on the Platform, except as required or permitted by law or otherwise in our sole discretion; however, we reserve the right to remove any and all User Content for any or no reason, including material that we feel is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use.  We do not make any warranties or representations regarding any of the User Content.  We do not approve, endorse, sanction, encourage, verify or agree with any message, profile, or other content posted by our users or otherwise embodied in the Content.  You understand and agree that any User Content you submit and post in a community on the Platform may be viewed by other users of the Platform, and we are not responsible and shall be held harmless for the content of any User Content.

In addition, should you send us postings, feedback, or data about our Platform, use of our Platform, or the Services, such as ideas, comments, suggestions, or questions (collectively, “Feedback”), such Feedback will not be given confidential treatment, unless required by applicable law.  By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques and know-how) to LifeBac without charge.  You further agree to take all acts reasonably requested by LifeBac to confirm LifeBac's ownership of such items.  As the sole and exclusive owner of such Feedback, LifeBac will be free to reproduce, copy, use, disclose and distribute the information to others including, without limitation, incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any LifeBac product or service or the Platform without any obligation or compensation to you of any kind.

SOME AREAS OF THE PLATFORM AND SOME CONTENT OR USER CONTENT MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.  WE ARE NOT AND WILL NOT BE LIABLE FOR ANY CONTENT OR USER CONTENT THAT MAY BE OFFENSIVE, INDECENT, VULGAR, DEFAMATORY OR OTHERWISE OBJECTIONABLE.

Registration

In order to access and use certain parts of the Platform or Content or to post User Content, you must register as a Registered User and create an account on the Platform.  In registering for an account, you may be required to agree to additional Specific Conditions.

Third Party Websites

The Platform may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third party entities.  These third parties are separate and independent entities and are not a part of LifeBac or agents of LifeBac.  We do not have control over such third party websites or the content of such websites.  As a result, we do not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which our Platform may link or from which our Platform may be accessed.  As such, you agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through the third party site or resource.

No Endorsements; Statistics

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us, nor do such references warrant or guarantee the effectiveness of accuracy of any such product or service.  Additionally, we may receive commissions from third parties for posting certain content on the Platform.  Any views expressed by third parties on the Platform are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party.

Statistics provided on the Platform are based upon patient and physician reporting and survey responses.  Individual results from use of the Platform or Services may vary.

Warranty Disclaimer

The Platform may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures.  LifeBac cannot predict or control when such downtime may occur and cannot control the duration of such downtime.  Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by LifeBac on the Platform, but LifeBac is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors.  Information and related materials are subject to change without notice.  As a result, LifeBac cannot and does not have any liability for such failures or errors.

THE PLATFORM, THE CONTENT, AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED "AS IS," “AS AVAILABLE” AND “WITH ALL FAULTS.”  LIFEBAC, THE PROVIDER, AND THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE PLATFORM, THE SERVICES, OR THE INFORMATION OR MATERIALS IT CONTAINS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIFEBAC, THE PROVIDERS AND THEIR RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE CONTENT, THE SERVICES, AND THE INFORMATION AND MATERIALS CONTAINED ON THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

IN ADDITION, USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND UNSECURE.  THE INTERNET IS SUBJECT TO OUTAGES, COMMUNICATION AND DATA FLOW FAILURES, INTERRUPTIONS AND DELAYS INHERENT IN INTERNET COMMUNICATIONS.  YOU RECOGNIZE THAT PROBLEMS WITH THE INTERNET, INCLUDING EQUIPMENT, SOFTWARE AND NETWORK FAILURES, IMPAIRMENTS OR CONGESTION OR THE CONFIGURATION OF YOUR COMPUTER SYSTEMS OR MOBILE DEVICES, MAY PREVENT, INTERRUPT OR DELAY YOUR ACCESS TO THE PLATFORM.  NONE OF LIFEBAC, THE PROVIDERS, OR THEIR RESPECTIVE VENDORS OR AFFILIATES IS LIABLE FOR ANY DELAYS, INTERRUPTIONS, SUSPENSIONS OR UNAVAILABILITY OF THE PLATFORM, OR ANY PORTION OF THE PLATFORM, ATTRIBUTABLE TO PROBLEMS WITH THE INTERNET OR CONFIGURATION OF YOUR COMPUTER SYSTEMS OR MOBILE DEVICES.  THERE IS NO WARRANTY OR GUARANTEE THAT ACCESS OR USE OF THE PLATFORM OR ACCESS TO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

WHILE LIFEBAC TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR INFORMATION AND TRANSACTIONS, LIFEBAC CANNOT ENSURE ANY INTERNET TRANSACTION OR STORAGE OF INFORMATION IS COMPLETELY SECURE.  LIFEBAC AND ITS VENDORS USE INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER LIFEBAC’S CONTROL; HOWEVER, LIFEBAC DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR.  YOU UNDERSTAND THAT USE OF THE INTERNET AND THE PLATFORM IS AT YOUR OWN RISK.  NEITHER LIFEBAC, ITS PROVIDERS, NOR ITS RESPECTIVE VENDORS, AFFILIATES OR SUPPLIERS ARE RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY THAT MAY RESULT FROM USE OF THE PLATFORM OR ACCESS TO ANY SERVICES.

NO ADVICE OR INFORMATION FROM LIFEBAC OR THE PROVIDERS IN ANY MANNER WILL CREATE ANY WARRANTY AS TO THE PLATFORM OR ANY PRODUCT, SERVICE OR MATERIAL AVAILABLE THROUGH THE PLATFORM.  IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THE PLATFORM OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM OR SUCH CONTENT, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

NONE OF LIFEBAC, THE PROVIDERS, OR THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY CONTENT OBTAINED FROM THE PLATFORM, OR (C) THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED FROM THE PLATFORM.  None of LifeBac, the Providers, or their respective vendors or affiliates have any responsibility for the timeliness, deletion, mis-delivery or failure to store any User Content.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL LIFEBAC, THE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO (I) THE PLATFORM, (II) THE USE OR PERFORMANCE OF THE PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH THE PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE SERVICES OR THE USE OR THE INABILITY TO USE THE PLATFORM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIFEBAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE.  YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM.  NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFEBAC, THE PROVIDERS AND OUR OR THEIR AFFILIATES AND VENDORS, FOR ANY REASON, SHALL NOT EXCEED $100.00 U.S. DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO THE PROVIDER’S TERMS OF SERVICE AND LIFEBAC HAS NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE SERVICES BY THE PROVIDERS.

Indemnification

To the extent allowed by law, you agree to defend, indemnify and hold harmless LifeBac, the Providers, and our and their respective vendors, affiliates, officers, directors, representatives, employees, consultants, and agents from and against any claims, allegations, damages, losses, liabilities or expenses (including, but not limited to, attorneys' fees) that such party may suffer or incur as a result of (i) your use or misuse of the Platform, (ii) your infringement of any intellectual property or other right of LifeBac or any third party, (iii) your violation of any applicable law, or (iv) your breach of these Terms of Use.  LifeBac reserves the right to participate in the defense of any such claim, at its own cost, without limiting or relieving you of your indemnification obligations.

Disputes

In the event of any dispute, claim, question or disagreement arising from or relating to these Terms of Use, or the relationship that results from these Terms of Use (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute.  To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.  If the parties do not reach such solution, then the Dispute shall be resolved by binding arbitration in [city], [state], in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section.  This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction.  Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA.  To the extent permitted by law, any Dispute under this Agreement must be filed within one year in an arbitration proceeding.  The one-year period begins when the claim or notice of dispute first could be filed.  If a claim or dispute is not filed within one year, it is permanently barred.

The parties agree that one (1) arbitrator shall arbitrate the Dispute.  The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA.  The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply.  Further, unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

DMCA Notification

We respect the rights of intellectual property holders.  If you believe that any content on the Platform violates these Terms of Use or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512).  In the case of an alleged infringement, please provide the following information:

  • 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 Platform (including the exact URL);

  • An address, a telephone number, and an e-mail address where we can contact you;

  • A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,

  • Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material.  You may report a copyright violation by providing the above information to our designated agent at legal@lifebac.com.

We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies.  A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Platform more than twice.

Miscellaneous

No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Platform or the Content.

Notices sent to you by us in connection with these Terms of Use will be delivered to you electronically or by written communication delivered by first class U.S. mail to your address on record in your account information.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of these Terms of Use.

The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.

These Terms of Use are severable to the extent any term or condition is deemed invalid, void, or for any reason unenforceable, and if any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that term or condition will be severable and shall not affect the validity and enforceability of any remaining terms and conditions.  Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of that or any other provision of these Terms of Use.

These Terms of Use, our Privacy Policy, any Specific Conditions and any other terms of specific application that reference these Terms of Use are the sole terms governing your use and access of the Platform and supersedes all other agreements regarding use of the Platform.  Our electronically or otherwise properly stored copy of these Terms of Use will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use.  Any waiver of any portion of these Terms of Use will be effective only if in writing and signed by LifeBac.

You may give notice to us or ask us question or express concerns by letter delivered by first class, postage prepaid U. S. mail or overnight courier or by email addressed to the following address:

LifeBac, LLC

7251 W. Lake Mead, Las Vegas, NV 89128, USA

legal@lifebac.com