Terms & Conditions
Effective Date: 10/4/2022
LF PROPERTIES. The Site, and the Services, and the information and content available on the Site and the Services (as these terms are defined herein) (each, a “LF Property” and collectively, the “LF Properties”) are protected by U.S. intellectual property laws. Unless otherwise specified by LF in a separate license, your right to use any and all LF Properties is subject to the Agreement. Subject to the Agreement, LF grants you a limited license to reproduce portions of the LF Properties for the sole purpose of using the Services for your personal purposes.
- You understand that the LF Properties are evolving. As a result, LF may require you to accept updates to the LF Properties that you have installed on your mobile device. You acknowledge and agree that LF may update the LF Properties with or without notifying you. You may need to update third-party software and agree to third-party agree from time to time in order to use the LF Properties.
- Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the LF Properties or any portion of the LF Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other the LF Properties (including images, text, page layout or form) of LF; (c) you shall not use any metatags or other “hidden text” using LF’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the LF Properties, including the LF Device, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained on the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the LF Properties in order to build a similar or competitive product or service; (g) except as expressly stated herein, no part of the LF Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the LF Properties or LF Product. Any future release, update or other addition to the LF Properties shall be subject to the Agreement. LF, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any LF Property terminates the licenses granted by LF pursuant to the Agreement.
- Third-Party Materials. As a part of the LF Properties you may have access to materials that are hosted by another party. You agree that it is impossible for LF to monitor such materials and that you access these materials at your own risk.
- Registering Your Account. In order to access certain features of the Service, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”).
RESPONSIBILITY FOR CONTENT.
- Types of Content. You acknowledge that all information supplied in and on the App and Services (“Content”), including the LF Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not LF, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the LF Properties (“Your Content”), and that you and other Registered Users, and not LF, are similarly responsible for all Content that you and they Make Available through the LF Properties (“User Content”).
- No Obligation to Pre-Screen Content. You acknowledge that LF has no obligation to pre-screen Content (including, but not limited to, User Content), although LF reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that LF pre-screens, refuses or removes any Content, you acknowledge that LF will do so for LF’s benefit, not yours. Without limiting the foregoing, LF shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
- Dietary Preferences and Restrictions. The Content on the LF Properties may contain dietary advice and recommendations, and the LF Products delivered by us contain various food ingredients. You should always consult with your physician or other healthcare professional before adopting any advice or trying new foods, whether offered through the LF Properties or otherwise. We do not guarantee the accuracy of any nutritional information provided by LF. LF will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare or consume are in accordance with your respective dietary needs, restrictions or preferences. The major U.S. allergens as determined by the U.S. Food and Drug Administration (milk, wheat, eggs, soybeans, fish, shellfish, peanuts and tree nuts) may be stored, portioned and packed in some of our facilities. Although we take precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing products purchased through the LF Properties to contain some or all of those allergens. Our LF Products may also include other ingredients that you are allergic to. You should always check the ingredients associated with any products that you receive from LF to avoid potential allergic reactions or adverse health events. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your healthcare provider.
- The LF Properties. Except with respect to Your Content and User Content, you agree that LF and its suppliers own all rights, title and interest in the LF Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the LF Properties.
- , and all related graphics, logos, service marks and trade names used on or in connection with any the LF Properties or in connection with the Services are the trademarks of LF and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the LF Properties are the property of their respective owners.
- Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the LF Properties.
- Your Content. LF does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on the LF Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- License to Your Content. You grant LF a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, host, display, publish, license, distribute, reproduce, modify and adapt Your Content (in whole or in part) for the purposes of operating, providing, developing and improving the LF Properties to you and to our other Registered Users; as well as researching and developing new Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not LF, are responsible for all of Your Content that you Make Available on the LF Properties.
- Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by LF in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
- You agree that submission of any ideas, suggestions, documents, and/or proposals to LF through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that LF has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to LF a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Services, the LF Properties and/or LF’s business.
- Prohibitions on Use. As a condition of use, you agree not to use the LF Properties for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through the LF Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) impersonates any person or entity, including any employee or representative of LF; (vi) interferes with or attempts to interfere with the proper functioning of the LF Properties or uses the LF Properties in any way not expressly permitted by the Agreement; or (vii) to attempt or engage in any potentially harmful acts that are directed against the LF Properties, including but not limited to violating or attempting to violate any security features of the LF Properties, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the LF Properties, introducing viruses, worms, or similar harmful code into the LF Properties, or interfering or attempting to interfere with use of the LF Properties by any other User, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the LF Properties.
Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement):
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with any LF Property;
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the LF Properties (including your Account), or access to or use of the LF Properties;
- Use the LF Properties or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;
- Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with the LF Properties; or
- Market any goods or services for any business purposes on or in connection with any the LF Properties.
- LF may, but is not obligated to, monitor or review the LF Properties and Content at any time. Without limiting the foregoing, LF shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although LF does not generally monitor user activity occurring in connection with the LF Properties or Content, if LF becomes aware of any possible violations by you of any provision of the Agreement, LF reserves the right to investigate such violations, and LF may, at its sole discretion, immediately terminate your license to use the LF Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- Third-Party Websites, Applications and Ads. The LF Properties may contain links to third-party websites (“Third-Party Websites”), and applications (“Third-Party Applications”), and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the LF Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of LF. LF is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. LF provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Order Acceptance. You may place an order for a LF Product through our Site (an “Order”). When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the LF Product(s) ordered and we may accept your Order by processing your payment and shipping the LF Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by LF upon our delivery of the LF Products that you have ordered. We may require additional verifications or information before accepting any Order. All LF Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the LF Products passes to you when LF provides the LF Product(s) to a common carrier. Any estimated shipping date provided by LF is based on LF Product availability and payment processing time, and does not include transit time
- Order Issues. For any reason, we may decline to accept your Order or any part of your Order. If some of the LF Products in your Order are temporarily out of stock, we will ship the available LF Products only and notify you of any LF Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item.
- Order Cancellation. If any LF Product is discontinued or otherwise becomes unavailable, LF reserves the right to cancel your order and provide you a refund for the amount paid for the LF Product.
- Shipping. LF ships LF Products purchased through the Site to street addresses and PO Boxes within the United States, Canada and its territories. Not all delivery options are available in all areas. Not all LF Products are available in all areas. The risk of loss and title for items you purchase pass to you upon our delivery of the items to the carrier. Replacement of LF Products and credits for shipped LF Products claimed as not received are subject to investigation, which may include notifying the carrier. Your LF Product shipment will be delivered via FedEx, UPS or any other carrier we may engage. You will receive email confirmation(s) as your order ships from LF or a third party authorized by LF. We do not allow address changes after we send such email confirmation of your order shipment
- Restriction on Resale. You acknowledge that the Site is only intended to be used to purchase products for personal, non-commercial use. LF Products sold on the Site or App are not authorized for resale. LF reserves the right to decline any Order that we deem to possess characteristics of reselling.
Fees and Purchase Terms.
- Fees. To place an Order, you will need to provide LF with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site, including but not limited to through PayPal, ShopPay, Meta Pay, Google Pay or Amazon Pay (each, a “Payment Provider”). By submitting your payment information to us, you authorize us to charge the applicable Payment Provider at our convenience. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
- Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official LF communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
- PROMOTIONAL OFFERS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.
- You agree to indemnify and hold LF, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “LF Party” and collectively, the “LF Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any LF Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. LF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LF in asserting any available defenses. This provision does not require you to indemnify any of the LF Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the LF Properties.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
- As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND YOUR USE OF LF PROPERTIES OR LF PRODUCTS IS AT YOUR SOLE RISK, AND THE LF PROPERTIES AND LF PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LF PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LF PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR LF PRODUCTS WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE LF PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE LF PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LF PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LF PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. LF MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE LF PROPERTIES.
LIMITATION OF LIABILITY.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LF PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT LF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF LF PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE LF PROPERTIES OR LF PRODUCTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE LF PROPERTIES OR LF PRODUCTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LF PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE LF PROPERTIES OR LF PRODUCT, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LF PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LF PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LF PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL LF PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) and (B) THE AMOUNT YOU HAVE PAID TO sana health under this agreement. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LF PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LF PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LF PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LF AND YOU.
- If LF becomes aware of any possible violations by you of the Agreement, LF reserves the right to investigate such violations. If, as a result of the investigation, LF believes that criminal activity has occurred, LF reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. LF is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the LF Properties, including Your Content, in LF’s possession in connection with your use of the LF Properties, to (a) comply with applicable laws, legal process or governmental request, (b) enforce the Term of Use, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of LF, its Registered Users or the public, and all enforcement or other government officials, as LF in its sole discretion believes to be necessary or appropriate.
In the event that LF determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the LF Properties, LF reserves the right to:
- Delete any of Your Content provided by you or your agent(s) to the LF
- Warn you via e-mail (to any e-mail address you have provided to LF) that you have violated the Agreement;
- Discontinue your registration with any of the LF Properties, including any Services or any LF community;
- Discontinue your access to any Services;
- Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which LF deems to be appropriate.
TERM AND TERMINATION.
- The Agreement commences on the date when you accept the terms (as described in the preamble above) and remain in full force and effect while you use the LF Properties and LF Product, unless terminated earlier in accordance with the Agreement.
- Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the LF Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any the LF Properties, unless earlier terminated in accordance with the Agreement.
- Termination of Services by LF. At its sole discretion, LF may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party.
- Termination of Services by You. If you want to terminate the Services provided by LF, you may do so by closing your Account for all of the Services that you use.
- Effect of Termination. Termination of any Services includes removal of access to such Service and barring of further use of the Service. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. LF will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- No Subsequent Registration. If your registration(s) with or ability to access the LF Properties, or any other LF community is discontinued by LF due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the LF Properties or any LF community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those the LF Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, LF reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with LF and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, or to any aspect of your relationship with LF, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or LF may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Michael Veni, 2601 Colorado Avenue, Santa Monica CA 90404. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, LF will pay them for you. In addition, LF will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and LF. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND LF HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LF are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Michael Veni, 2601 Colorado Avenue, Santa Monica CA 90404, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your LF username (if any), the email address you used to set up your LF account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in subsection 16.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LF.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if LF makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing LF at the following address: Legendary Foods, 2601 Colorado Avenue, Santa Monica, CA 90404, Attn: DISPUTE NOTICE.
- Electronic Communications. The communications between you and LF may take place via electronic means, whether you visit the LF Properties or send LF e-mails, or whether LF posts notices on the LF Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from LF in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LF provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- You hereby release LF Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the LF Properties, including but not limited to, any interactions with or conduct of other Registered Users or Third-Party Websites of any kind arising in connection with or as a result of the Agreement or your use of the LF Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a LF Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder.
- The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without LF’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. LF shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the LF Properties, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and LF agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles, California.
- Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of CALIFORNIA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.
- Where LF requires that you provide an e-mail address, you are responsible for providing LF with your most current e-mail address. In the event that the last e-mail address you provided to LF is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, LF’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to LF at the following address: Legendary Foods, 2601 Colorado Avenue, Santa Monica, CA 90404, Attn: DISPUTE NOTICE. Such notice shall be deemed given when received by LF by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.