Terms & Conditions
Terms of Service
Effective July 16, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE.
THESE TERMS AND CONDITIONS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH LYFEBULB.
These Terms and Conditions (“Terms”) constitute an agreement between you and Lyfebulb Holdings Inc., a Delaware corporation, (“Lyfebulb” or “we,” “our” or “us”) governing your use of the www.lyfebulb.com website, any of our sites available through this website (unless different terms and conditions are available to you in connection with such other site) or any of our mobile apps (collectively or individually, our “Site”).
The Site is not intended to be used by anyone under the age of 13 regardless of parental or guardian consent. If you are younger than 13, you are not authorized to use the Site.
NO MEDICAL ADVICE
NO ONE ON THE SITE OR IN ANY COMMUNITY ARE ACTING AS (AND ARE NOT PERMITTED TO ACT AS) MEDICAL PROFESSIONALS AND NO ADVICE OR CONTENT IS INTENDED TO BE MEDICAL ADVICE OR PROFESSIONAL COUNSELING OF ANY KIND. ALL USERS ARE ENCOURAGED TO CONSULT THEIR OWN MEDICAL PROFESSIONALS AND COUNSELORS PRIOR TO FOLLOWING ANY ADVICE OFFERED ON OR THROUGH THE SITE.
No information available through the Site is intended to diagnose, treat, cure, or prevent any disease. All of the material provided on or made available through the Site, such as text, audio and video files, graphics, photographs, images, advice, messages, forum postings, and any other material provided on or through the Site are for informational purposes only and are not a substitute for professional mental health advice, medical advice or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding your health and well-being. Never disregard professional medical advice or delay in seeking it because of something you have learned through the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided through the Site, by persons appearing on the Site, is solely at your own risk.
ACCEPTABLE USE OF SITE
Users agree that the Site is solely for their personal use and not for any of them to promote or endorse any commercial services or products, including without limitation any of their own services or products (whether or not such services or products are made available for free). All content shared within the Site is for personal use and not for sale or distribution.
As a condition of your use of the Site, you will not damage, disable, overburden, or impair any server or the network(s) connected to any server operated by or for Lyfebulb or interfere with any other party’s use and enjoyment of the Site. You will not attempt to gain unauthorized access to the Site, computer systems, or networks through hacking, password mining, or any other means. You will not obtain or attempt to obtain any materials or information stored on behalf of the Site, its servers, or associated computers through any means not intentionally made available to you.
You agree not to scrape, or otherwise download in bulk, any content, including but not limited to a list or directory of users.
Except for content provided by third parties, which, in each case, is owned by the licensors of such content (collectively, “Third Party Content”), Lyfebulb is the owner of all text, graphics, user interfaces, visual interfaces, photographs, taglines, video media, artwork, sound, and any other materials, in whatever format, (collectively, “Lyfebulb Content” and together with Third Party Content, the “Content”), and the structure, selection, coordination, expression, “look and feel” and the arrangement thereof, and all intellectual property rights, including, without limitation, all copyrights and trademarks therein or otherwise associated with Lyfebulb or the Site, with all rights reserved. Content may include press releases, newsletters, articles, blogs, and other materials Lyfebulb typically distributes to individuals who express interest in receiving copies (“Publications”). You acknowledge and agree that all Content available on or through the Site, and all trademarks, logos, taglines, as well as the structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
Subject to your strict compliance with these Terms, Lyfebulb grants you a non-exclusive limited license (i) to download, print, and make one copy of any of the Publications and (ii) to display, view, and play the Content on a personal computer, mobile device, or other internet enabled device (each, a “Device”), in each case, solely for your personal, non-commercial use, and not for sale or distribution, and provided that you keep intact all copyright and other proprietary notices and do not copy or post the content and materials on any network computer or broadcast the content and materials in any media. Except as set forth in the preceding sentence or as separately authorized in writing by Lyfebulb, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from any Content acquired from or through the Site. Use of the Content for any purpose not expressly permitted in the Terms is prohibited. You acknowledge and agree that the unauthorized use of the Content or of any intellectual property right could cause irreparable harm to Lyfebulb or its licensors and that in the event of such unauthorized use, Lyfebulb or its licensors shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.
Lyfebulb cautions you that some documents, photos, and other Content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by Lyfebulb). All rights in such documents, photos, and other content are reserved to their owners and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.
DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe that any Content on the Site infringes upon their copyright may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) to our designated Copyright Agent at Pat@lyfebulb.com or by mail to Lyfebulb, 654 Madison Avenue, Suite 1501, New York, NY 10065. The notice must include: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent. All other communications should be directed to either our general Contact Information below or to the contact that we have specifically designated for such other communications.
LINKS TO OTHER WEBSITES
The Site may include hyperlinks to websites and mobile applications maintained or controlled by others. We may provide copies of or links to resources that we believe our users will find interesting or informative. However, we are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the materials, content, products or services that may be offered through these resources or at these websites. If you decide to use any resources or access any linked third-party websites, you do so at your own risk.
You agree that we may, in our sole and absolute discretion, with or without cause, and with or without notice, immediately terminate or suspend your access to the Site. Without limiting our discretion, suspension or termination may result from any of the following: (a) breaches or violations of the Terms or other agreements, rules or guidelines, (b) requests by law enforcement or other government agencies, and (c) unexpected technical issues or problems.
DISCLAIMER OF WARRANTIES
You should not rely on the Site being complete, reliable, and up to date. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or Content on the Site before making any decisions based on such data, information, or Content. In exchange for using such data, information, or Content, you agree not to hold us or any of its third-party Content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Site.
ALL CONTENT, SERVICES, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. LYFEBULB DOES NOT WARRANT THAT ANY CONTENT OR THIRD PARTY MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR ANY CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, LYFEBULB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED IN ANY WAY TO THE TERMS, THE SITE, ANY CONTENT, OR ANY SERVICES OR PRODUCTS AVAILABLE THROUGH THE SITE, OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LYFEBULB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES LYFEBULB SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW BUT IN NO EVENT GREATER THAN FIVE HUNDRED UNITED STATES DOLLARS (US$500).
You agree to defend, indemnify, and hold harmless Lyfebulb, its affiliates, subsidiaries and their respective employees, contractors, agents, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, losses, damages, and expenses, including attorneys’ fees, of any kind, arising from or relating to (i) your breach of these Terms, or (ii) any use or misuse of the Site or of any Content. Each Indemnitee reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses and will reimburse Indemnitee as costs and expenses are incurred and for any damages assessed or settlements incurred.
We have the right to modify these Terms at any time and without prior notice. We will post amended Terms on the main page of the Site and, if the modification is material, we will notify users by email of such modifications. We encourage you to review the main page of the Site periodically for any updates or changes.
GOVERNING LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules (“Governing Law”). You expressly agree to the procedures and terms of Dispute Resolution set forth below. If the Dispute Resolution procedure is ruled not applicable to a specific dispute or claim, you expressly agree that the exclusive jurisdiction for any such dispute or claim arising out of or relating to these Terms or to the Site shall be the state or federal courts located in New York, New York, USA and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Any user must bring a claim related to these Terms or the Site, including any arbitration under Dispute Resolution below, within one year of the date on which the event giving rise to the claim arose, otherwise such claim is waived.
ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PERSON, ENTITY OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON, ENTITY OR USER.
DISPUTE RESOLUTION/ARBITRATION AGREEMENT
Arbitration. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) relating in any way to the Site, or any Lyfebulb terms, conditions or policies relating to the Site (“Dispute”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of these arbitration provisions (“Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Lyfebulb, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. All in-person arbitration proceedings shall take place in Manhattan, New York, United States of America unless the parties mutually agree otherwise.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Notice and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Dispute, and the requested relief. A Notice to Lyfebulb should be sent to: Pat@lyfebulb.com. If the Dispute is not resolved within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Arbitration Agreement. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com. The arbitration shall be conducted by a single, neutral arbitrator. Any Dispute where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Lyfebulb, and the Dispute 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 Dispute. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under the Governing Law, the JAMS Rules, and the Terms and Conditions. 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 Lyfebulb.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive any termination of these Terms and Conditions.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Chief Operating Officer
Lyfebulb Holdings Inc.
654 Madison Avenue, Suite 1501
New York, NY 10065