REVIEW THE FOLLOWING TERMS, AND STOP USING THE SITE IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THEM.
- USE: Any of these activities are considered "use" of Lifestyle Software: browsing, accessing, scraping, crawling, or any other activities not specified here that connect to or make use of Lifestyle Software in some way.
- "You" and "Your," as used throughout these Terms of Service, refer to you the user. "We", "Us", refer to Lifestyle Software
- "Content" refers to any form of media or data, including but not limited to text, images, photos, video, and audio. Any content you submit, including but not limited to ratings, reviews, compliments, invitations, and information displayed as part of your profile is referred to as "Your Content." Any content submitted or made available by Users is referred to as "User Content." Any content created or made available by Lifestyle Software is referred to as "Lifestyle Software Content." Any content created and posted by data providers who license data to Lifestyle Software for use on the Site, or other parties other than Lifestyle Software or users, is referred to as "Third Party Content." Your Content, User Content, Third Party Content, and Lifestyle Software content collectively constitute "Site Content."
To use this Site, you must be at least 18 years old and a United States resident. If you do not meet these user eligibility requirements, you are prohibited from using Lifestyle Software. If you access or post content to Lifestyle Software for a company organization or any business entity, you must be an authorized representative of that organization or entity and you agree to bind your company to these Terms of Service. If you do not have the authority to do so, you must not use this Site.
- Terms of Service Changes.
Lifestyle Software reserves the right to make periodic changes to these Terms of Service. Lifestyle Software will notify users of any such changes by posting the revised Terms of Service on this web page with a list of changes at the top. Changes will be in effect as of the date and time they are posted on this page. Users agree to periodically revisit this page to read all changes. All future changes are binding to you through use of this Site. By continuing to use Lifestyle Software after Terms of Service changes are made, you consent to comply with the changes.
- User Accounts.
To use certain features of Lifestyle Software, you may be required to create a Facebook account and/or log in to Lifestyle Software using your Facebook account. It is your responsibility to keep your account's password confidential, and any activity associated with your account is your responsibility. You agree that you will notify us immediately if you suspect or know about unauthorized use of your account. We may close your account with Lifestyle Software at any time for any or no reason at our discretion.
- An account that you use for your own personal, non-commercial use is referred to as a "Personal Account." You agree to provide accurate and complete information about yourself when creating your personal account. This is absolutely necessary to maintain your credibility as a valuable Site contributor. You may not create multiple personal accounts or provide an e-mail address that is not your own or impersonate someone else
- "Business Accounts" are those that are used for the sole purpose of representing a business. To create an account for your business, you must be an authorized representative and you must register using an existing Facebook account or create a new Facebook account. You agree to provide accurate and complete information about yourself and the business, and you are expressly forbidden from creating multiple business accounts for the same company or registering business e-mail addresses that you do not own.
- Use of the Site.
You are granted permission to use Lifestyle Software under the restrictions described in these Terms of Service, and, as such, you must carefully abide by them. You may at times be exposed to indecent, offensive, inaccurate, objectionable, or otherwise inappropriate content. This content is not endorsed or encouraged by Lifestyle Software and we do not vouch for its accuracy.
- Restrictions on Use.
You agree that you will not directly or indirectly participate in or encourage any of the activities listed below.
- Using Lifestyle Software to harass, threaten, stalk, defraud, or otherwise harm another person
- Using Lifestyle Software for commercial or promotional purposes not expressly allowed in writing by Lifestyle Software.
- Using Lifestyle Software in a manner that might create a conflict of interest or the appearance of a conflict of interest. This includes soliciting reviews or trading reviews with other businesses.
- Using Lifestyle Software to keyword spam or to manipulate natural search results in any other way.
- Using Lifestyle Software to submit or transmit illegal or pornographic content.
- Using Lifestyle Software for bigoted or discriminatory purposes.
- Using Lifestyle Software in a manner that violates the rights of other users or third parties. Examples of such behaviors include but are not limited to breaching confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other right, intellectual or proprietary.
- Using Lifestyle Software to solicit information from minors, or in a manner that might cause harm to minors.
- Violating the Lifestyle Software Terms of Service or any applicable law.
- Exploiting the Site or Site Content (other than Your Content) through modification, adaptation, reproduction, distribution, translation, sale, trade, or creation of derivative works or adaptations of Site Content or the Site itself.
- Reverse engineering any part of Lifestyle Software, except as permitted under law.
- Omitting or altering any part of Lifestyle Software's copyright, trademark, or other proprietary rights notices on any materials you print from or copy off of the Site;
- data mining, processing, or recording of any information about Lifestyle Software or other Site users;
- access, scrape or index this Site or its Content using any automated device, robot, spider, Site search/retrieval application or process as a means to
- index, access or retrieve this Site for the purpose of building, developing, or populating a database of business-focused reviews;
- frame or reformat any part of Lifestyle Software;
- take any action that will impose, or may even possibly impose in our discretion, a load that is unreasonable or too large on Lifestyle Software's technology infrastructure;
- Attempt to gain unauthorized access to Lifestyle Software, user accounts, computer systems or even networks connected to the Site by means of hacking, password mining or any other illegal or unethical means; use Lifestyle Software or content found within it as a means of transmitting destructive items including but not limited to: viruses, worms, Trojan horses (collectively, "Viruses"); use any devices, software or routine, to interfere with the proper working order of the Site; make excessive traffic demands; use the Site to crack passwords or security encryption codes, disrupt or interfere with security, or otherwise use the Site for any purpose that interferes with security or causes harm to the Site or Site Content; work around or remove, disable, damage or interfere in any way with any of Lifestyle Software's security features, as these features prevent unauthorized copying of Site Content and enforce limitations on Site use.
- Content and Responsibility.
Your Content is solely your responsibility. Lifestyle Software bears no liability for Your Content. Any and all risks associated with Your Content, including but not limited to reliance on accuracy, completeness, usefulness, and disclosures that reveal your identity, are assumed by you. Upon posting content on Lifestyle Software, you represent that your Content is owned by you or you have permission to use it and to authorize its use for other purposes. In no way may you imply that Your Content is endorsed or sponsored by Lifestyle Software.
If Your Content is found to be in violation of any third-party right, including but not limited to rights involving copyright, patent, trademark, trade secret, moral right, privacy right, publicity right or any other right, intellectual or proprietary you may be exposed to liability. Similarly, if Your Content contains information that is false or intentionally misleading, defamatory information, unlawful information, information containing hate speech or pornography, information that harms or exploits minors, or information that violates or even advocates violation of laws or regulation, you may also be exposed to liability.
- Content and Permission.
Your Content may be used in a variety of ways, including but not limited to being displayed on Lifestyle Software, incorporated into other works, used to create derivative works, used for promotion, or distributed. Others may also do the same in connection with their own websites or media platforms ("Other Media"). By posting Your Content or otherwise making it available, you grant irrevocable permission to use Your Content for any purpose. Furthermore, you agree to grant access to Your Content to the Site and users of Other Media in connection with their use of the Site and any Other Media. You consent to waive any moral rights, attribution claims, and assertions for Your Content.
- Content Use.
We may remove and/or reinstate User Content at any time at our discretion. Content that is determined to violate our Terms of Service or that is inappropriate in any way may be removed. You do not own rights or any entitlements to compensation for advertisements that run alongside Your Content or anywhere else. Advertising manner, mode, and extent are subject to change without official notice.
- Content Feeds.
To facilitate simpler widespread distribution of content, some of the Site Content (also "Feed Content") is made available through Real Simple Syndication (RSS) and Atom feeds (the "Feeds"). Users may access feeds to display Feed Content on their PCs, websites, or blogs, provided that (a) use of the Feeds is personal rather than commercial, (b) displayed feeds link back to relevant pages on the Site and attribute Lifestyle Software as the source, (c) you do not suggest through use or display of Feed Content that Lifestyle Software endorses or promotes any third-party causes, ideas, websites, products, or services, (d) you do not redistribute the Feed Content, and (e) Lifestyle Software's systems are not overburdened by your use of the Feeds. Lifestyle Software reserves the right to terminate the Feeds at any time.
- Site Availability.
We hold the right to make updates, changes, and modifications at any time for any reason at our discretion. Also, the Site may be discontinued at our discretion without notice or liability.
- Unauthorized Access.
Unauthorized access to Lifestyle Software is strictly forbidden. We reserve the right to exercise any means necessary to prevent unauthorized access, including but not limited to IP mapping, contacting your Internet Service Provider (ISP), and use of technological barriers.
- Dissatisfaction. To provide the best possible user experience, we invite you to share negative feedback with us by using our Contact Us page. However, the only way to completely remedy your dissatisfaction with (a) the Site, (b) the Terms of Service, (c) any of our policies or practices in operating Lifestyle Software, or (d) any information or content transmitted through the Site is for you to cancel your account and discontinue use of the Site.
- Site Improvements or Suggestions. Your opinion matters to us! If you have recommendations for improving Lifestyle Software or your experience with the site, use our Contact Us form. By sending us "Feedback" in the form of recommendations, suggestions, ideas, documents, or proposals, you certify that (a) your feedback does not contain confidential or proprietary information regarding third parties, (b) with respect to provided Feedback, Lifestyle Software is under no obligation of confidentiality, express or implied, (c) similar Feedback may already be in development or under consideration, and (d) you grant Lifestyle Software an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback.
We may, at any time and at our discretion, cancel or suspend your account or ability to use the Site for any or no reason and without notice or liability of any kind. For example, if we suspect that you are involved in illegal activity or you are found to be in breach of our Terms of Service, we may suspend or cancel your account. In the event that your account is cancelled or suspended, you may be prevented from accessing it and also from accessing Your Content, the Site Content, or related data.
Lifestyle Software content elements include interactive features, visual interfaces, graphics, designs, compilations, computer code, products, software, aggregate user reviews and ratings, and all other elements of Lifestyle Software, including user and third-party content. These elements are owned by the Site. Additionally, all copyrights, trademarks, service marks, trade names, and intellectual and proprietary rights throughout the world (the "IP Rights") that are associated with Lifestyle Software in any way, whether with its content or with the Site itself, are also owned by the Site. They are protected by trademark, patent and trade dress laws, as well as all applicable intellectual and proprietary rights and laws. Creating derivative works or adaptations, changing, distributing, reproducing, publicly displaying, or exploiting the Lifestyle Software content, in whole or in part, is prohibited unless expressly authorized by the Site. No express or implied rights are provided to users, unless provided by these Terms of Service. We retain all rights in and to Lifestyle Software and all Site Content.
- Warranties, Disclaimers, and Limitations of Liability.
- NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY LIFESTYLE SOFTWARE AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY PRODUCTS AND SERVICES SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON LIFESTYLE SOFTWARE AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. LIFESTYLE SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM LIFESTYLE SOFTWARE SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
- LIFESTYLE SOFTWARE DISCLAIMS ALL LIABILITY FOR ANY (A) DAMAGES, BE THEY RELIANCE, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR INDIRECT, (B) PROFIT LOSS, (C) INTERRUPTION OF BUSINESS, (D) DAMAGE TO OR LOSS OF REPUTATION OF Lifestyle Software OR ANY THIRD PARTY, OR (E) INFORMATION OR DATA LOSS.
- ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY Lifestyle Software. USE OF THIS SITE IS PERFORMED AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
- ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY Lifestyle Software. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY LIFESTYLE SOFTWARE; HOWEVER, LIFESTYLE SOFTWARE RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE LENGTH OF A WARRANTY, SO IT IS POSSIBLE THAT THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF YOU DO RESIDE IN SUCH A JURISDICTION, THE LIMITATIONS LISTED ABOVE WILL APPLY TO YOU TO THE FULLEST, LAWFULLY PERMITTED EXTENT.
- LIMITED TO THE GREATER OF (I) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH LIFESTYLE SOFTWARE IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (II) U.S. $100.00.
Users agree that they will indemnify and hold harmless Lifestyle Software and the following parties: all of its parents, subsidiaries, related companies, licensors, affiliates, suppliers, and partners, as well as the officers, directors, employees, agents, and representatives of each of these entities. The terms of this indemnification (hold harmless) agreement include but are not limited to costs, liabilities, and legal fees from any demand or claim made by a third-party arising from (a) your access to or use of Lifestyle Software, (b) your Terms of Service violation, (c) any infringement by you or a third party using your account of any property, intellectual, or other right of any person or entity. You consent to cooperate with claims as Lifestyle Software, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. Unless you have written consent from Lifestyle Software, you may not settle any matter. We will make reasonable efforts to make users aware of any claim, action, or proceeding.
- Third Parties.
- Users of Lifestyle Software may see links to other websites ("Third Party Sites"). These Third Party Sites are not endorsed or controlled by us. Users agree that responsibility for Third Party Site content lies with Third Party Sites and not with Lifestyle Software.
- You agree that the State of California will govern any dispute regarding or involving Lifestyle Software without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in San Francisco County, California state, and United States federal courts.
- These Terms of Service may not be interpreted as authorization of employment, joint venture, partnership, or agency. These Terms of Service do not provide you with the authority to bind Lifestyle Software in any way.
- Should these Terms of Service change, notifications may be provided to you through any or all of the following channels: by email, regular mail, or posting on this page.
- Nothing contained within confers rights or remedies to any third party, except where expressly noted.
- The Terms of Service contain the entire agreement between you and us regarding all instances and types of Site use. This agreement supersedes all prior or existing agreements established between you and us regarding any and all content herein. Both parties herein acknowledge that no reliance is placed on any direct or indirect representation contained in these Terms of Service.
- Either party's failure to exercise, in any respect, any right provided herein will not result in the providing of a waiver.
- In the event that any provisions found in these Terms of Service are deemed unenforceable or invalid, those provisions will be eliminated or limited to the minimum extent necessary to keep the Terms of Service in full force and enforceable.
- Section titles within the Terms of Service are listed for convenience only. They have no contractual or legal effect.
- You may not assign, transfer, or sub-license these Terms of Service without first obtaining written consent from Lifestyle Software. Any assignment made in violation of these Terms of Service will be void. We reserve the right to transfer or assign the Terms of Service without restriction.
- Contact For Terms of Service Questions or Reports
To report a Terms of Service violation or to ask a question about the Terms of Service, contact Lifestyle Software’s Legal Department.