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 Terms of Use

Updated and Effective as of August 10, 2022

  1. Acceptance of Terms

Welcome to the Lifetraxx mobile application, website, and services, which are provided by Lifetraxx, Inc. (collectively, the “Lifetraxx Service”). Please review these Terms of Use carefully as they govern your access to and use of the Lifetraxx Service and any of the applications, websites, brands and entities that it controls. 

By joining the Lifetraxx Service, and each time you access and use the Lifetraxx Service, you represent and warrant that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these terms, you must not use the Lifetraxx Service or access content from the Lifetraxx Service. You agree that these Terms have the same force and effect as an agreement in writing.

Your access to and use of the Lifetraxx Service is also governed by our Privacy Policy. Please review that policy carefully to fully understand our practices and Terms. We recommend that you print a copy of these Terms and the Privacy Notice for your future reference. 

BY USING THE LIFETRAXX SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS.

Important Notices. The key Terms you should consider are the limitations on liability contained in the sections titled Disclaimer of Warranties and Limitations of Liability, and a class action waiver and resolution of disputes by arbitration in the section titled Arbitration Agreement.  PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Third party API Terms of Use. The Lifetraxx Service uses software integrations with third party digital services and their application programming interfaces (APIs) to offer you powerful added functionality and a unique user experience. By using the Lifetraxx Service, you also agree to be bound by the full terms of usage for each of these third party services, including their terms for content made available on the Lifetraxx Service, and copyright policies associated with that content, based on their digital services and APIs. Examples of these third party digital services and APIs include, but are not limited to, music search, music identification and display by songs, artists, albums, and/or album art, and music streaming or playback.

Here you can find the Terms of Use of the third party API services that we use:

Apple Music

Spotify

ACRCloud

 

PLEASE READ THESE THIRD PARTY TERMS OF USE CAREFULLY AS THEY ALSO GOVERN YOUR USE OF THEIR DIGITAL SERVICES FOR STREAMING MUSIC ON LIFETRAXX AS WELL AS ANY MUSIC, ALBUM ART, OR OTHER CONTENT THAT IS MADE AVAILABLE THROUGH THEIR SERVICES AND APIS. USE OF THE LIFETRAXX SERVICE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS PRESENTED BY THOSE THIRD PARTY DIGITAL SERVICES, WHICH ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THESE TERMS.

Additionally, in order to use these third party digital services and APIs provided through the Lifetraxx Service, you represent and warrant that you reside in the United States, that you have subscribed to one of the two music subscription services cited above, that any registration and account information that you submit to both Lifetraxx and to those third party services is true, accurate, and complete, and that you agree to retain accurate registration and account information at all times.

2. Your Responsibilities and Participation on the Lifetraxx Service

 

You are responsible for obtaining at your own cost all equipment and services needed for access to and use of the Lifetraxx Service. Registration with the Lifetraxx Service is required in order to access its features and Lifetraxx Service. When you register with the Lifetraxx Service, and each time you access the Lifetraxx Service, you agree that you have no ownership or proprietary interest in your account other than as set out in these Terms. 

 

You must be thirteen (13) years of age or older to register and log into the Lifetraxx Service, and to participate in any activities or Lifetraxx Service therein. If you are under the age of 13, you are not permitted to register for, access, or use the mobile application element of the Lifetraxx Service. If you are age-eligible and elect to register with the mobile application element of the Lifetraxx Service, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right to terminate your access to and use of your account and the Lifetraxx Service. 

 

As a registrant and participant on this app, you are solely responsible for maintaining the confidentiality of your private user details such as your password and account information. You are responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Lifetraxx Service, their parents, affiliates, subsidiaries, operational providers, and integrated partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your membership, personal contact and email information. You may disable your profile by contacting us. If your email address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Lifetraxx Service’s activities if you violate any provision of this Agreement or our Privacy Notice.

 

WHEN YOU REGISTER WITH THE LIFETRAXX SERVICE, AND EACH TIME YOU ACCESS THE LIFETRAXX SERVICE, YOU EXPRESSLY AGREE THAT YOU WILL NOT: (A) VIOLATE ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW OR REGULATION; (B) TRANSMIT ANY MATERIAL THAT IS ABUSIVE, HARASSING, THREATENING, VIOLENT, DEFAMATORY, VULGAR, PORNOGRAPHIC, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE; (C) TRANSMIT ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, JUNK MAIL, SPAM, CHAIN LETTERS, PYRAMID SCHEMES, OR ANY OTHER FORM OF SOLICITATION; (D) TRANSMIT ANY MATERIAL THAT CONTAINS ADWARE, MALWARE, SPYWARE, SOFTWARE VIRUSES, OR ANY OTHER COMPUTER CODE, FILES, OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY, OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT; (E) STALK, HARASS, OR HARM ANOTHER INDIVIDUAL, INCLUDING REVEALING THE REAL NAME OF ANY FELLOW USER THAT HAS CHOSEN TO USE AN ALIAS USERNAME ON THE LIFETRAXX SERVICE; (F) IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY; (G) USE ANY "ROBOT," "SCRAPER" OR ANY OTHER DATA-MINING TECHNOLOGY, OR ANY OTHER AUTOMATIC OR MANUAL PROCESS, TO MONITOR, CACHE, FRAME, MASK, EXTRACT DATA FROM, COPY OR DISTRIBUTE ANY DATA FROM THE LIFETRAXX SERVICE AND OUR DATABASES; (H) USE ANY FEATURES OF THE LIFETRAXX SERVICE FOR ANYTHING OTHER THAN THEIR INTENDED PURPOSE; (I) INTERFERE WITH OR DISRUPT THE LIFETRAXX SERVICE OR SERVERS OR OUR NETWORKS, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES, OR REGULATIONS OF NETWORKS CONNECTED TO THE LIFETRAXX SERVICE; (J) DECOMPILE, REVERSE ENGINEER, OR DISASSEMBLE ANY SOFTWARE OR OTHER PRODUCTS OR PROCESSES ACCESSIBLE THROUGH THE PLATFORM; OR (J) ASSIST, PERMIT OR ENCOURAGE ANY PERSON TO PERFORM ANY OF THE ACTIVITIES DESCRIBED ABOVE.


Please see the Community Guidelines section below for further delineation of rules, responsibilities, and code of conduct that you are required to abide by when you access and use the Lifetraxx Service. Your use of the Lifetraxx Service is at your risk. If you are dissatisfied with any of the materials contained in the Lifetraxx Service, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Lifetraxx Service.

As a registrant and participant on this app, you are solely responsible for maintaining the confidentiality of your private user details such as your password and account information. You are responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Lifetraxx Service, their parents, affiliates, subsidiaries, operational providers, and integrated partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your membership, personal contact and email information. You may disable your profile by contacting us. If your email address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Lifetraxx Service’s activities if you violate any provision of this Agreement or our Privacy Notice.

 

3. Community Guidelines and User Content Submissions


The Lifetraxx Service welcomes people of all races, religions, genders, national origins, sexual orientations, social and economic backgrounds, and differing points of view. The Lifetraxx Service encourages enjoyment, learning, and growth for and among its members, and it discourages disruptive communication in opposition to those standards and goals. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation, as community members, to upholding our standards. You are responsible for all content that you post, email, transmit, upload or otherwise make available through our Lifetraxx Service. 

 

The Lifetraxx Service provides interactive activities for users and members – for example, a Social Hub, conversation threads, private song messaging, and user song, comment, and image uploads. Any user submissions or postings by visitors on the Lifetraxx Service will be public and posted in public areas on the Service, unless the user expressly chooses to post only to his or her followers or strictly to oneself.


The Lifetraxx Service, its owners, partners, affiliates, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Lifetraxx Service’s Interactive Areas do not claim ownership of, or affiliation with, any information, data, text, music, sound, photographs, art, graphics, video, messages, tags, links, or other materials you submit for display or distribution to others through the Lifetraxx Service. As such, none of those entities will be held responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas or throughout the Lifetraxx Service. 

 

By accessing the Lifetraxx Service, you agree to comply with these Community Guidelines and you warrant and represent that you will not upload, post, e-mail, transmit, display, or otherwise make available any Objectionable Content. Objectionable Content for these purposes includes content that contains or depicts:

  • Child pornography. (We are required by law to notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through the Platform);

  • Full nudity and/or explicit sexual acts;

  • Malicious bullying;

  • Hate speech or overt bigotry;

  • References to buying and selling anything illegal, including controlled substances;

  • References to suicide, rape, pedophilia, animal cruelty, or other highly-inflammatory topics; or

  • Information that is, or could be construed to be, libelous, defamatory, or threatening;

  • The disclosure of highly sensitive information about another person;

  • Information that infringes any copyright, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity.

 

By accessing the Lifetraxx Service, you further warrant and represent that you will comply with all applicable laws in your use of the Platform and that you will not:

  • Use the service for any unlawful purpose;

  • Use the service to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme. 

  • “Stalk” or harass any other user or manager, moderator, or administrator of the Lifetraxx Service;

  • Collect or use any market research for a competing business;

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or attempt to access or use another user’s account;

  • Register more than one account in order to fake your identity, “game” data results, or any other intent; 

  • Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform;

  • Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Lifetraxx Service; 

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure

 

Because Lifetraxx is an all-music all-the-time app, we ask that you and other users strive to focus your posts, content submissions, and comments on songs, artists, albums, and the enduring power of music in life rather than highly charged political topics that have no connection to or bearing on music-related discourse. 

 

Because it relies on user-generated content, the Lifetraxx Service will contain information, facts, views, opinions, assertions, and statements provided by other users, third parties, visitors, artists, and other organizations. The Lifetraxx Service, its owners, partners, affiliates, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Lifetraxx Service do not represent or endorse the accuracy or reliability of any information, facts, views, opinions, assertions, and statements displayed, posted, or distributed on the Lifetraxx Service. You may not represent or imply to others that your user submissions are in any way provided, sponsored or endorsed by us. You acknowledge that any reliance upon any such information shall be at your sole risk and you agree that the Lifetraxx Service, its owners, partners, affiliates, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Lifetraxx Service shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way by accessing that information on the Lifetraxx Service.

 

While we endeavor for all user content to comply with our Community Guidelines, we do not pre-screen user submissions and content posts, and you agree that you are solely and completely responsible for all of your User Submissions. We do not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any user content is at your own risk and the Lifetraxx Service shall not be held liable for any such user content under any circumstances.  


Although we do not pre-screen submissions and posts, we reserve the right to change, delete, or remove, in part or in full, any user-submitted content, postings, and submissions. We also reserve the right to suspend or ban a user from access to the Lifetraxx Service for conduct that we believe, in our sole discretion, violates the Community Guidelines, the Terms of Service, and/or interferes with the safety and enjoyment of other users of our Lifetraxx Service. We have implemented a robust reporting system for offensive or abusive posts. When reported by other users, such posts will be reviewed by the Lifetraxx Service owners, managers, administrators, and/or moderators, with any and all confirmed offensive or abusive posts being immediately removed. Should a particular user engage in offensive and/or abusive posting on the app, or in any way violate Community Guidelines and/or the overall Terms of Use, we reserve the right to remove that user from the platform at any time, and to monitor against their return to the application under a new name or identity. For more information please see Section 5, “Termination.” The Lifetraxx Service will also cooperate with local, state and/or federal authorities to comply with applicable law. We are not required to backup, host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. 

 

By accessing the Lifetraxx Service, you further represent and warrant that your user submissions and our authorized use of such submissions do not and will not infringe the rights of any third party - including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights. Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas, including when connecting to the Lifetraxx Service through a third party service. You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Service, such as your phone number, home address, or the home address of others.

When you and other users post or submit images on the Lifetraxx Service, this act will be governed by the terms of this Agreement, including without limitation, complete adherence to member responsibilities, Community Guidelines, and your agreement regarding your use of interactive areas. When posting or submitting an image, you represent and warrant that: (1) you are the person in the image or are the owner of the image and consent to the uses of the image by the Lifetraxx Service; (2) you are 13 years of age or over; (3) the image and any related content adhere fully to Lifetraxx Service Community Guidelines; (4) you have submitted the image using your legal name and accurate personal information and consent to the Uses; (5) you are either the holder of the copyright in the image or are an authorized licensee of the copyright in the image and grant to the Lifetraxx Service, their licensees, successors and assigns, the right to publish and display the image in connection with the Uses; and (6) you possess the legal right and power to agree to the use of image and grant the Lifetraxx Service the right to use the image. In addition, you expressly release the Lifetraxx Service and their licensees, successors and assigns from any privacy, defamation, copyright infringement, and any other claims you or any other owner of the image may have for the use of any image submitted to the Lifetraxx Service. Lastly, you agree that, if you see an objectionable image or have any questions about this Agreement, you will report it and contact us.

 

Finally, we reserve the right to display advertisements in connection with public user submissions and to use public user submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Lifetraxx Service. In consideration for us granting you access and use of the Lifetraxx Service, you also agree that we may place such advertisements throughout our Lifetraxx Service. 

 

4. Intellectual Property

 

Content Provided or Rendered by the Lifetraxx Service. The trademarks, service marks, and logos of Lifetraxx (the “Lifetraxx Trademarks”) used and displayed on the Lifetraxx Service are registered and unregistered trademarks or service marks of Lifetraxx. Other company, product, and service names located on the Lifetraxx Service may be trademarks or service marks owned by others (“Third-Party Trademarks).” Nothing on the Lifetraxx Service should be construed as granting, by implication or otherwise, any license or right to use these Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of Lifetraxx Trademarks inures to our benefit.


Elements of the Lifetraxx Service – to include application features, frameworks, prompts, organizational schemes, screen designs, application flows, user interface, application icons, and other components - are protected by copyright, trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means. No portion of the Lifetraxx Service may be downloaded, transferred, reproduced, retransmitted, modified, or re-purposed in any form or by any means, except as expressly permitted by this Agreement and with the written consent of Lifetraxx. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

Content Provided or Rendered by the Lifetraxx Service through Third Party Services. With respect to music and music-related media that is identified, accessed, rendered, and displayed on the Lifetraxx Service, we use third party digital services and their application programming interfaces (APIs) to enable this capability and user experience. In order to use the third party digital services and APIs provided through the Lifetraxx Service, you represent and warrant that you reside in the United States, that you have subscribed to one of the two music subscription services cited below, that you agree to fully abide by the rules, regulations, and Terms of Service of those subscription services, that any registration and account information that you submit to both Lifetraxx and to those third party services is true, accurate, and complete, and that you agree to retain accurate registration and account information at all times.

By using the Lifetraxx Service, you agree to be bound by the full terms of usage for each of these third party services, including their terms for content made available on the Lifetraxx Service as well as intellectual property and copyright policies associated with that content:

Apple Music

Spotify

ACRCloud


PLEASE READ THESE THIRD PARTY TERMS OF USE CAREFULLY AS THEY ALSO GOVERN PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, YOUR USE OF THEIR DIGITAL SERVICES FOR STREAMING MUSIC ON LIFETRAXX, AND ANY MUSIC, ALBUM ART, OR OTHER CONTENT THAT IS MADE AVAILABLE THROUGH THEIR SERVICES AND APIS. USE OF THE LIFETRAXX SERVICE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS PRESENTED BY THOSE THIRD PARTY DIGITAL SERVICES, WHICH ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THESE TERMS.

Content Posted and Submitted By Users. Lifetraxx respects the intellectual property rights of others, and we expect you to do the same. Lifetraxx users are encouraged to save, post, submit, upload, and otherwise contribute content to the Lifetraxx Service (“User Content”). “User Content” refers to all information and content that is added, created, uploaded, identified, submitted, shared, or posted to the Lifetraxx Service by users.

You and all users of the Lifetraxx Service are solely responsible for all User Content that you post. Moreover, you represent and warrant that, with respect to any User Content you post on the Lifetraxx Service, (a) you own or have the right to post such User Content; and (b) such User Content, or its use by the Lifetraxx Service pursuant to the license granted below, does not: (1) violate these Terms, including the Lifetraxx Terms of Use and Community Guidelines, applicable law, or the intellectual property or other rights of any third party; or (2) imply any affiliation with or endorsement of you or your User Content by the Lifetraxx Service or any artist, band, label, third party digital service, or other individual or entity without the prior express written consent from Lifetraxx Service or such individual or entity.

Licenses That You Grant to Us. You retain ownership of your User Content when you save or post it to the Lifetraxx Service. However, in order for us to make your User Content available on the Lifetraxx Service, we require a limited license from you to that User Content. Accordingly, you hereby grant to the Lifetraxx Service a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Lifetraxx Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content.

 

Copyright Infringement and Trademark Rights. We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Content, when found or reported, that violates copyright law. We also have the right to suspend access to the Lifetraxx Service for any user who uses it in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Lifetraxx Service in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

 

Lifetraxx, Inc. 1422 Yellowwood Court, Reston VA 20190, USA

Email: contact@lifetraxx.com

5. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Lifetraxx Service, at any time and for any reason without prior notice or liability. Lifetraxx will not be liable to you or to any third party should it exercise such rights, and you may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent.

6. Modification to Terms 


Lifetraxx, Inc. reserves the right to change these Terms at any time without prior notice. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued access or use of the Lifetraxx Service after such changes indicates your acceptance of the Terms as modified, and it is your responsibility to review the Terms regularly.

 

7. Modification to the Service


We reserve the right to modify, suspend or discontinue all or any aspect of the Lifetraxx Service with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Lifetraxx Service operates in part through an Internet site connection, so the quality and availability of the Service may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Lifetraxx Service or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should Lifetraxx, Inc. exercise its right to modify, suspend or discontinue the Lifetraxx Service.

 

8. Fees

 

We reserve the right at any time in the future to charge fees or a subscription for access to the overall Lifetraxx Service, or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to the Lifetraxx Service or any feature therein unless we first obtain your prior agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. If, however, we do introduce fees and you do not consent to payment, you may not be granted access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees – should we decide to charge them. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

9. Applications and licenses. (Downloading app from App Store)

 

Please note that certain retail application stores (such as Apple’s App Store) that offer our applications may have separate Terms that will be binding on you if you elect to download our applications from their platform. 

 

Apple App Store Terms

 

The following Terms apply when you download the Lifetraxx mobile application (App) from Apple’s App Store. These terms are in addition to all other Terms contained in this agreement.

  • You acknowledge and agree that Lifetraxx, not Apple or the App Store, is solely responsible for the App and content thereof. At the same time, you acknowledge and agree that your use of the App must comply with the App Store Terms of Service.

  • You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support to Lifetraxx with respect to the Lifetraxx App.

  • You acknowledge that, as between Lifetraxx and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

  • You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Lifetraxx and the App Store, Lifetraxx, not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

  • You represent and warrant that: (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.

  • Without limiting any other terms of this Agreement, you must comply with all applicable third-party Terms of agreement when using the App.

10. Restrictions and Commercial Use

Other than as provided for in these Terms: you may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from the Lifetraxx Service, its network, or its systems. You may not copy, sell, sub-license, or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code or the communications protocol for accessing the Services or out networks (except where expressly permitted by law and with our permission). You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful, and to not interfere with the operation of the Services. Your use of the Services must comply with our policies.

11. Compliance with Applicable Laws

 

The Lifetraxx Service is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Lifetraxx Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

12. Disclaimer of Warranties and Limitations of Liability

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LIFETRAXX SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). LIFETRAXX, INC. MAKES NO WARRANTY THAT THE LIFETRAXX SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, MUSIC, DOCUMENTS, PHOTOGRAPHS, HASHTAGS, COMMENTS, PLAYLISTS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SERVICES IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICE OR THEIR UNAVAILABILITY. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LIFETRAXX SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LIFETRAXX SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFETRAXX, INC. OR THROUGH THE LIFETRAXX SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
 

THE SERVICES AND INFORMATION ON THE LIFETRAXX SERVICE ARE PROVIDED “AS IS.” THE LIFETRAXX SERVICE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIALS, INFORMATION, OR DATA PROVIDED ON THE LIFETRAXX SERVICE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE LIFETRAXX SERVICE OR THESE TERMS OF USE IS TO UNINSTALL ANY LIFETRAXX SOFTWARE AND TO STOP USING THE LIFETRAXX SERVICE. YOU AGREE THAT LIFETRAXX HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE LIFETRAXX SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO LIFETRAXX, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

 

NEITHER THE LIFETRAXX SERVICE, NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITES OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITES OR MATERIALS ON THE SITES; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITES; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITES OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. 

 

IN NO EVENT WILL THE LIFETRAXX SERVICE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, EVEN IF THE LIFETRAXX SERVICE, ITS AFFILIATES, OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE LIFETRAXX SERVICE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITES, THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

YOU REPRESENT AND WARRANT TO US THAT EXECUTION, DELIVERY AND PERFORMANCE OF ANY ASPECT(S) OF THESE TERMS WILL NOT VIOLATE ANY LAW, ORDINANCE, CHARTER, BY-LAW OR RULE APPLICABLE TO YOU, OR ANY OTHER AGREEMENT BY WHICH YOU ARE BOUND OR BY WHICH ANY OF YOUR OR THEIR ASSETS ARE AFFECTED.

 

For clarification, these Terms do not limit Lifetraxx, Inc.’s liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent an applicable law would prohibit such a limitation. Furthermore, some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer; therefore, the exclusion and limitations in this section may not apply to you. 

 

13. Controlling Law.

 

This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

14. Arbitration Agreement.

 

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Lifetraxx, Inc., and any of the brands and entities that it controls. Both you and Lifetraxx, Inc. acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Lifetraxx, Inc. officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Arbitration Rules and Applicability of Arbitration Agreement

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Costs of Arbitration


Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. Lifetraxx, Inc. will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Waiver of Jury Trial

YOU AND LIFETRAXX, INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Lifetraxx, Inc. instead choose to have any claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Lifetraxx, Inc. over whether to vacate or enforce an arbitration award, YOU AND LIFETRAXX, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL’S CLAIM. IF A COURT DECIDES THAT THIS WAIVER OF CLASS OR CONSOLIDATED ACTIONS IS DEEMED INVALID OR UNENFORCEABLE, NEITHER YOU NOR LIFETRAXX, INC. IS ENTITLED TO ARBITRATION. INSTEAD, THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT TO COURT. 


Opt-out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address:

Lifetraxx, Inc., 1422 Yellowwood Court, Reston VA 20190, USA

Your written notice must be postmarked within thirty (30) days of first accepting these Terms. You must include (a) your name and residence address, (b) the email address and/or telephone number associated with your account, and (c) a clear statement that you want to opt out of these Terms’ arbitration agreement. Notices sent to any other address, or sent by electronic mail or communicated orally, will not be accepted or effective.


Exclusive Venue


If you send an opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or Lifetraxx, Inc. to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Lifetraxx, Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in the state of Delaware. 


Severability

 

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Lifetraxx, Inc. or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive the right of Lifetraxx, Inc. or the applicable third-party beneficiary to do so.

15. Our Relationship

 

Both parties – the provider of the Lifetraxx Service and users of the Lifetraxx service – are independent contractors of each other. No other person shall have any rights to enforce any of the provisions contained in these Terms. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being a Lifetraxx, Inc. employee or entitled to any of our employee benefits.

 

16. Communicating with Us/How to Contact Us

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send that to us here or by mail at:

Lifetraxx, Inc.
1422 Yellowwood Court
Reston, VA 20190, USA

Note: If we have to contact you or give you notice in writing, we will do so at the email address or mailing address you provide to us. 

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