IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A FREE TRIAL, PLEASE VISIT THE APPLE
SUPPORT (OR ANY OTHER APP STORES SUPPORT PAGES DEPENDING ON YOUR OPERATION SYSTEM). DELETING THE APP DOES
NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. YOU MAY WISH TO MAKE A PRINTSCREEN OF THIS INFORMATION FOR YOUR
REFERENCE.
-
ACCEPTANCE OF TERMS
-
Life Booster (the "App") and content available via the App ("Content") are
distributed by GM Appdev Limited or other company as stated in an app store ("we" "us"
"our" or the "Company"). The App, together with the Content, tools, transactions
and other services available by using the App, are collectively referred to as the "Service".
-
Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions
of Use (the "Terms"), which establishes a legally binding contractual relationship between you
and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
-
Please review also our Privacy Policy. The
terms of the Privacy Policy and
other supplemental terms, policies or documents that may be posted on the Service from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms at any time and for any reason.
-
1.4. Unless otherwise expressly provided herein, we will alert you about any changes by updating the
"Last updated" date of these Terms and you waive any right to receive specific notice of each
such change.
-
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 6), LIMITATION OF LIABILITY (SECTION 7), AS WELL
AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE
IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE
OF OUR SERVICE AS PROVIDED FOR IN SECTION 10, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL
DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 10.
-
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND
BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.
-
USE OF SERVICE; AGE RESTRICTIONS
- You acknowledge that all the text, images, marks, logos, compilations (meaning the collection,
arrangement and
assembly of information), data, other content, software and materials displayed on the Service or used
by the
Company to operate the Service (including the App and the Content and excluding any User Content (as
defined below))
is proprietary to us or to third parties.
- The Company expressly reserves all rights, including all intellectual property rights, in all of the
foregoing,
and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse
engineering,
disassembly, translation or other exploitation of them is strictly prohibited. The provision of the
Service does not
transfer to you or any third party any rights, title or interest in or to such intellectual property
rights.
- The information you submit to us as part of your registration (if any), and any data, text and other
material
that you may submit or post to the App ("User Content") remain your intellectual property, and
the Company
does not claim any ownership of the copyright or other proprietary rights in such registration
information and the
User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all
registration
information and the User Content and use such information and the User Content as reasonably necessary
for or
incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
- You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to
publish,
distribute, publicly display and perform the User Content in connection with the Service.
- Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the
right to
sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (ii) install
and use
the App, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and
solely for your
personal, non-commercial purposes.
- You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be
consistent
with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights
of any other
party or breach any contract or legal duty to any other parties. In addition, you agree that you will
comply with
all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will
be solely
responsible for your own individual violations of any such laws.
- You are solely responsible for obtaining the equipment and telecommunication services necessary to
access the
Service, and all fees associated therewith (such as computing devices and Internet service provider and
airtime
charges).
- We retain the right to implement any changes to the Service (whether to free or paid features) at any
time, with
or without notice. You acknowledge that a variety of Company's actions may impair or prevent you
from accessing
the Service at certain times and/or in the same way, for limited periods or permanently, and agree that
the Company
has no responsibility or liability as a result of any such actions or results, including, without
limitation, for
the deletion of, or failure to make available to you, any content or services.
- Your access to and use of the Service is at your own risk. The Company will have no responsibility for
any harm
to your computing system, loss of data, or other harm to you or any third party, including, without
limitation, any
bodily harm, that results from your access to or use of the Service, or reliance on any information or
advice.
- The Company has no obligation to provide you with customer support of any kind. However, the Company may
provide you with customer support from time to time, at the Company's sole discretion.
- The Service is intended for users who are at least 16 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be
directly
supervised by, their parent or guardian to use the Service. If you are a minor, you must have your
parent or
guardian read and agree to these Terms prior to you using the Service.
-
APP STORES, THIRD PARTY ADS, OTHER USERS
- You acknowledge and agree that the availability of the App is dependent on the third party from which
you
received the App, e.g., the Apple iTunes App Store, and/or other app stores (collectively, "App
Stores"
and each, an "App Store").
- You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply
with, and
your license to use the App is conditioned upon your compliance with, all applicable agreements, terms
of
use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their
subsidiaries) are
a third party beneficiary of these Terms and will have the right to enforce these Terms.
- The Service may contain links to third party websites or resources and advertisements for third parties
(collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the
Company and the
Company is not responsible for any Third Party Ads. The Company provides these Third Party Ads only as a
convenience
and does not review, approve, monitor, endorse, warrant, or make any representations with respect to
Third Party
Ads. Advertisements and other information provided by Third Party Sites Ads may not be wholly accurate.
You
acknowledge sole responsibility for and assume all risk arising from your use of any such websites or
resources.
When you link to a third party site, the applicable service provider's terms and policies, including
privacy and
data gathering practices govern. You should make whatever investigation you feel necessary or
appropriate before
proceeding with any transaction with any third party. Your transactions and other dealings with Third
Party Ads that
are found on or through the App, including payment and delivery of related goods or services, are solely
between you
and such merchant or advertiser.
- Each user of the Service is solely responsible for any and all his or her User Content. Because we do
not
control the User Content, you acknowledge and agree that we are not responsible for any User Content and
we make no
guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume
no
responsibility for any User Content. Your interactions with other Service users are solely between you
and such
user. You agree that the Company will not be responsible for any loss or damage incurred as the result
of any such
interactions. If there is a dispute between you and any Service user, we are under no obligation to
become involved.
- You hereby release us, our officers, employees, agents and successors from claims, demands any and all
losses,
damages, rights, claims, and actions of any kind including personal injuries, death, and property
damage, that is
either directly or indirectly related to or arises from any interactions with or conduct of any App
Store, any other
Service users, or any Third Party Ads.
-
SUBSCRIPTION FEES AND PAYMENT
- The App is free to download. However, certain features of the Service are offered on a subscription
basis for a
fee. You will pay an App Store the applicable fees (and any related taxes) as they become due.
- To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will
give
you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or
by sending
you an email notification. If you do not wish to pay the new fees, you can cancel the applicable
subscription prior
to the change going into effect.
- You authorize the App Stores to charge the applicable fees to the payment card that you submit.
- By signing up for certain subscriptions, you agree that your subscription may be automatically renewed.
Unless
you cancel your subscription you authorize the App Stores to charge you for the renewal term. The period
of
auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on
the Service.
The renewal rate will be no more than the rate for the immediately prior subscription period, excluding
any
promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You
must cancel
your subscription in accordance with the cancellation procedures disclosed to you for the particular
subscription.
We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled
subscription.
- We may offer a free trial subscription for the Service. Free trial provides you access to the Service
for a
period of time, with details specified when you sign up for the offer. Unless you cancel before the end
of the free
trial, or unless otherwise stated, your access to the Service will automatically continue and you will
be billed the
applicable fees for the Service. We may send you a reminder when your free trial is about to end, but we
do not
guarantee any such notifications. It is ultimately your responsibility to know when the free trial will
end. We
reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access
to the
Service during the free trial, or any of these terms without notice and with no liability. We reserve
the right to
limit your ability to take advantage of multiple free trials.
- The Service and your rights to use it expire at the end of the paid period of your subscription. If you
do not
pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue;
however, we reserve
the right to disable or terminate your access to the Service (and may do so without notice).
- Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means
we
cannot grant refunds. You will have to contact an App Store support.
-
USER REPRESENTATIONS AND RESTRICTIONS
-
By using the Service, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Terms;/li>
- you are not under the age of 16;
- you will not access the Service through automated or non-human means, whether through a bot,
script or
otherwise;
- you will not use the Service for any illegal or unauthorized purpose;
- 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;
- you are not listed on any U.S. government list of prohibited or restricted parties; and
- your use of the Service will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right
to
refuse any and all current or future use of the Service (or any portion thereof).
- You may not access or use the Service for any purpose other than that for which we make the Service
available.
The Service may not be used in connection with any commercial endeavors except those that are
specifically endorsed
or approved by us.
-
As a user of the Service, you agree not to:
- systematically retrieve data or other content from the Service to create or compile, directly or
indirectly, a
collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Service;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work
from the Service;
- use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for
which it is
not designed or intended;
- make the Service available over a network or other environment permitting access or use by
multiple devices or
users at the same time;
- use the Service for creating a product, service, or software that is, directly or indirectly,
competitive with
or in any way a substitute for the Service;
- use any proprietary information or any of our interfaces or our other intellectual property in
the design,
development, manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the
Service;
- circumvent, disable, or otherwise interfere with security-related features of the Service;
- engage in unauthorized framing of or linking to the Service;
- interfere with, disrupt, or create an undue burden on the Service or the networks or services
connected to
the Service;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any
way making up
a part of the Service;
- attempt to bypass any measures of the Service designed to prevent or restrict access to the
Service, or any
portion of the Service;
- upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or
any other
similar software or programs that may damage the operation of another's computer;
- use, launch, develop, or distribute any automated system, including without limitation, any
spider, robot,
cheat utility, scraper, or offline reader that accesses the Service, or using or launching any
unauthorized script
or other software;
- use the Service to send automated queries to any website or to send any unsolicited commercial
e-mail;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
- use the Service in a manner inconsistent with any applicable laws or regulations; or
- otherwise infringe these Terms.
-
DISCLAIMER OF WARRANTIES
THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE".
THE
APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR
USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND
SUPPLIERS DO
NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR
CORRECT; (II)
THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE
CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR
OUTCOME CAN BE
ACHIEVED.
-
LIMITATION OF LIABILITY
- IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR
YOUR USE OF,
OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE
BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT AND USER
CONTENT),
AND THIRD PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR
COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE
COMPANY
TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT OR SERVICE IS LIMITED TO THE
AMOUNTS YOU HAVE
PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
-
INDEMNITY
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies,
its
suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of
each of
them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due
to or
arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these
Terms. The
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for
which you
are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to
settle
any matter without the prior written consent of the Company. The Company will use reasonable efforts to
notify you
of any such claim, action or proceeding upon becoming aware of it.
-
INTERNATIONAL USE
The Company makes no representation that the Service is accessible, appropriate or legally available for use
in your
jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be
illegal.
You access the Service at your own initiative and are responsible for compliance with local laws.
-
MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY
LAW, YOU
AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL
ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS
THAT YOU WOULD
HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT
EXIST.
- YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT
THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS
PROCEEDING.
- YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES,
PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE
TAKEN TO
SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL
DISPUTES AND
CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY,
UNLESS YOU ARE
LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.
- Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator
instead of a
judge or jury is used in arbitration, which allows for more limited discovery than in court, and is
subject to very
limited review by courts. The same damages and relief that a court can award can be awarded by
arbitrators. Please
see more information about arbitration at http://www.adr.org.
- A party which intends to seek arbitration must first send to the other a written notice of intent to
arbitrate
(the "Notice") by an international courier with a tracking mechanism, or, in the absence of a
mailing
address provided by you to us, via any other method available to us, including via e-mail. The Notice to
the Company
must be addressed to: Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia, Cyprus (as applicable, the
"Arbitration
Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and
(ii) set the
specific relief sought (the "Demand"). If you and the Company do not reach an agreement to
resolve the
claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding
as set
forth below or file an individual claim in small claims court.
- THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED
DISPUTES (THE
"Rules"), AS MODIFIED BY THESE TERMS.
- If you commence arbitration against us, you are required to provide a second Notice to the Company at
the
Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms
are available
online at
http://www.adr.org.
Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are
solely
responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an
arbitration
against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our
receipt of the
second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt
evidencing
payment of the filing fee.
- The arbitration shall be conducted exclusively in English. A single, independent and impartial
arbitrator with
his or her primary place of business in Alexandria, Virginia (if you are from the United States) or in
Nicosia,
Republic of Cyprus (if you are not from the United States) will be appointed pursuant to the Rules, as
modified
herein. You and the Company agree to comply with the following rules, which are intended to streamline
the
arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be
conducted online
and/or be solely based on written submissions, the specific manner to be chosen by the party initiating
the
arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses
unless
otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator
renders may
be entered in any court of competent jurisdiction.
- TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING
CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED
CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT
CONSOLIDATE
PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE
OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY
OF THIS
MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
- The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and
this
arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether
this
arbitration clause can be enforced against a non-party to this agreement and whether a non-party to
these Terms can
enforce its provision against you or us.
-
Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision
within
120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an
additional 30
days upon a showing of good cause and in the interests of justice. All arbitration proceedings will be
closed to the
public and confidential, and all records relating thereto will be permanently sealed, except as
necessary to obtain
court confirmation of the arbitration award. The award of the arbitrator will be in writing and will
include a
statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the
laws of the
Commonwealth of Virginia without regard to its conflicts of laws principles in conducting the
arbitration. You
acknowledge that these terms and your use of the Service evidences a transaction involving interstate
commerce. The
United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and
proceedings
pursuant to this Section 10. Any award rendered shall be final, subject to appeal under the FAA.
- The abovestated provisions of this Section 10 shall not apply to any claim in which either party seeks
equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual
property. For
the avoidance of doubt, you agree that, in the event the Company or a third party breaches these Terms,
the damage
or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against
us, and
your only remedy will be for monetary damages, subject to the limitations of liability set forth in
these Terms.
- You and we agree that, notwithstanding any other rights a party may have at law or in equity, any claim
arising out of or related to these Terms (including the Privacy Policy) or
the Service,
excluding a claim for indemnification, must be initiated with the AAA or filed in the respective court
within one
(1) year after the claim accrues. Otherwise, such cause of action is permanently and forever barred.
This one (1)
year period includes the thirty (30) day pre-dispute procedure set forth in sub-clause 10.5 above.
- All claims you bring against the Company must be resolved in accordance with this Section. All claims
filed or
brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary
to this
Section, the Company may recover attorneys' fees and reimbursement of its costs, provided that the
Company has
notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.
- In the event that we make any material change to this arbitration provision (other than a change to our
Arbitration Notice Address), you may reject any such change by sending us written notice to our
Arbitration Notice
Address within thirty (30) days of the change, in which case your Account and your license to use the
Service will
terminate immediately, and this Section, as in effect immediately prior to the amendments you reject,
will survive
the termination of these Terms.
- If only clause 10.9 paragraph above or the entirety of this Section 10 is found to be unenforceable,
then the
entirety of this Section 10 will be null and void and, in such case, the parties agree that the
exclusive
jurisdiction and venue described in Section 11 will govern any action arising out of or related to this
Agreement.
- YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY
DECIDE
YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO
HAVE ANY CLAIMS
DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
- YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT
YOU
FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO life_booster@gen.tech OR TO THE ARBITRATION
NOTICE ADDRESS.
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING
ENOUGH DETAILS
ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE
PASSED, YOU
ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION
AS SET
FORTH IN THIS AGREEMENT.
-
GOVERNING LAW
- The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your
use of
the Service.
-
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of
law,
such action will be subject to the exclusive jurisdiction of:
- the state and federal courts in the City of Alexandria, Virginia – if you are a resident
of the United
States; or
-
the courts of the Republic of Cyprus – if you are not a resident of the United States; and
you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any
defense of
improper venue or inconvenient forum.
-
MISCELLANEOUS PROVISIONS
- No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default
by you
with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a
waiver by the
Company of any of the covenants, conditions or agreements to be performed by you will not be construed
to be a
waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof
contained.
- Subject to Section 10, if any provision of these Terms is found to be invalid or unenforceable,
then these
Terms will remain in full force and effect and will be reformed to be valid and enforceable while
reflecting the
intent of the parties to the greatest extent permitted by law.
- Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you
and the
Company regarding its subject matter, and supersede all prior promises, agreements or representations,
whether
written or oral, regarding such subject matter.
- The Company may transfer or assign any and all of its rights and obligations under these Terms to any
other
person, by any way, including by novation, and by accepting these Terms you give the Company consent to
any such
assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating
another
person as a party to the Terms shall constitute valid notice to you of the transfer of Company's
rights and
obligations under the Agreement (unless otherwise is expressly indicated).
- All information communicated on the Service is considered an electronic communication. When you
communicate
with us through or on the Service or via other forms of electronic media, such as e-mail, you are
communicating with
us electronically. You agree that we may communicate electronically with you and that such
communications, as well
as notices, disclosures, agreements, and other communications that we provide to you electronically, are
equivalent
to communications in writing and shall have the same force and effect as if they were in writing and
signed by the
party sending the communication. You further acknowledge and agree that by clicking on a button labeled
"SUBMIT",
"CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are
submitting a
legally binding electronic signature and are entering into a legally binding contract. You
acknowledge that
your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY
AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
- In no event shall the Company be liable for any failure to comply with these Terms to the extent that
such
failure arises from factors outside the Company's reasonable control.
-
CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may
contact us at:
life_booster@gen.tech.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.