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For your protection Lifebooker has never stored your credit card on our servers, but rather encrypted your information and accessed it via a secured digital vault.
We have recently upgraded to the latest in online security technology and require your credit card information so it can once again be encrypted and secured in this new vault.
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This Privacy Statement covers the website www.lifebooker.com (the "Site"), including any mobile versions of the Site, and Lifebooker's applications for mobile devices, which are owned and operated by Lifebooker, LLC ("Lifebooker"). Lifebooker will maintain your personal information as described in this Privacy Statement. Lifebooker LLC is committed to respecting the privacy, confidentiality, and security of the information of our customers, visitors, service providers, and other users of Lifebooker.com. Lifebooker LLC takes reasonable precautions to prevent any unauthorized use or disclosure of information provided to us. These precautions include the implementation of safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of information that Lifebooker LLC creates, receives, maintains, or transmits.
Capitalized terms used herein will have the meanings assigned to such terms in the User Agreement (âAgreementâ). This Privacy Statement is an integral part of the Site and cannot, in any way, be separated from the Agreement. If you do not agree with any aspect of our Privacy Statement, you must not use the Site. If you have questions or concerns regarding this statement, you can contact us by emailing email@example.com or by calling 1-800-401-9258.
Lifebooker does not sell, rent, loan or otherwise distribute any of your personal information (including, but not limited to, your name, email address, phone number, mobile location, or any other identifiable information about you) to any third party, without your prior consent, except as set forth in this Privacy Statement, and the Agreement. Your personal information may be collected by Lifebooker through different means including but not limited to you providing of the personal information to us in your registration for an account on the Site, through purchases, bookings, or other transactions made through the Site, or through cookies or other automated or electronic means associated with the Site. Lifebooker will pass onto Service Providers certain information in connection with reservations so that the Service Provider can confirm and/or contact you in connection with a reservation. Lifebooker will pass onto Service Providers and Merchants certain information in connection with Lifebooker Loot purchases.
In addition, Lifebooker may use your personal information to: (1) provide you with Reward Dollars and other products and services of Lifebooker as discussed in the Agreement and/or its affiliates or partners; (2) provide you with information about offers of services from Lifebooker and/or its affiliates or partners; (3) provide you with services to which you are entitled to under, and to otherwise contact you in connection with, the terms and conditions of the Agreement and to otherwise contact you in connection with such services; (4) provide you with personalized offers and services and to enhance your experience and interactions with the Site; (5) produce aggregate statistical data for the improvement of services offered by Lifebooker or its affiliates or for any other reason determined by Lifebooker; (6) provide for any other purposes related to those stated above; and (7) provide for such other purposes as Lifebooker shall determine after 30 days notice to you.
Please be assured that Lifebooker will take commercially reasonable steps to protect the security of the personal information we receive from you. Notwithstanding anything to the contrary in this Privacy Statement, Lifebooker may be required to disclose User and/or personal information in response to inquiries by law enforcement officials or under and pursuant to applicable laws and regulations. Lifebooker also may use your Personal information to defend itself in litigation or in a regulatory action.
Lifebooker encourages Service Providers, Merchants, its affiliates, and partners to adopt privacy policies and to maintain the privacy of your personal information. However, Lifebooker does not control the use of your personal information by Service Providers, Merchants, its affiliates, or partners, and Lifebooker is in no way responsible for how Service Providers, Merchants, its affiliates, or partners maintain and use your personal information. While the Site may include links to third party websites (including but not limited to the sites of Service Providers, Merchants, its affiliates, or partners), your use and access to those sites and any information you may provide on those sites are not covered by this Privacy Statement.
You have choices about how the information you have provided may be used. You can direct Lifebooker to have your name and email address removed from our mailing list. Should you choose this option, you will not receive any future communications from either Lifebooker or our affiliates or partners unless you have engaged in a transaction on the Site, or elected to receive such communications through a different site or means not controlled by Lifebooker. You may opt-out of receiving such future communications by clicking the opt-out "unsubscribe" link at the bottom of an email or sending an email to firstname.lastname@example.org stating your request to be removed from our mailing lists.
You may access and update your Lifebooker Account Information at any time by using your Lifebooker username and password. You may have your account removed from the Lifebooker website by sending an email request to email@example.com.
If you do not agree with these terms, please do not provide any personal information to us, do not register an account, or use the Site. If you refuse or withdraw your consent, or if you choose not to provide us with any required personal information, we may not be able to provide you with the Services.
BY SUBMITTING PERSONAL INFORMATION TO US, AND/OR BY USING OUR SITE, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY STATEMENT AND AS PERMITTED OR REQUIRED BY LAW.
Additional Questions Regarding our Privacy Statement?
If you have additional questions or comments regarding our Privacy Statement, please send them via email to firstname.lastname@example.org.
Welcome to Lifebooker.com, your source for scheduling online beauty appointments and purchasing beauty deals. This USER AGREEMENT (this "Agreement") forms a binding agreement between you, as a registered user of our services and Site (hereinafter referred to as "you" or "USER"), and Life Booker, LLC (hereinafter referred to as "Lifebooker," "we" or "us"). The terms, conditions and policies referred to in this Agreement apply to your use and enjoyment of Lifebooker online booking services, any purchase that you make of Lifebooker Loot, and any other services that are offered at the URL: http://www.lifebooker.com and all affiliated websites owned and operated by Lifebooker (collectively referred to as the "Site").
YOUR USE OF THE SITE AND SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE STRONGLY RECOMMEND THAT, AS YOU READ THIS AGREEMENT, YOU ALSO ACCESS AND READ THE PRIVACY STATEMENT AVAILABLE ON OUR SITE SINCE IT IS INCORPORATED INTO AND HEREBY MADE A PART OF THIS AGREEMENT. USE OF THE SERVICES AND THE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS AGREEMENT, LIFEBOOKER'S PRIVACY STATEMENT AND THE OTHER TERMS AND CONDITIONS OF USE IN EFFECT AT THE TIME OF USE. IF YOU DO NOT AGREE WITH ALL OR ANY PART OF THE TERMS OF THIS AGREEMENT, YOU MUST STOP USING OUR SITE.
Use of the Site is not intended for persons under the age of 18, and such persons are expressly prohibited from registering as a user, entering personal information, booking services or purchasing Loot on the Site. Any information submitted by a person under the age 18 will not knowingly be used, posted or retained by us.
Lifebooker provides beauty, spa and salon booking services to USERs for the purpose of assisting USERs in locating participating beauty, spa and salon service providers (each a "Service Provider") that are offering appointments on such services. While Lifebooker may be commonly referred to as a booking agent, we are, in fact, not an agent at all. Rather, we provide a venue for Service Providers to post availability of their own services, such as facials, massages or other beauty treatments, and for USERs to learn when these services are available and to book a reservation for the desired service.
In order to enjoy our booking services, USER must first register on our Site by creating a username and password, and selecting his/her city. This will enable USER to search for services on the Site. When USER finds the service that (s)he is seeking at the desired location, time, and price, USER may book this appointment through the Site. At this point, USER may be required to provide certain personal information, including USER's first and last name, phone number(s), email address and credit card billing information. The availability of appointments is determined at the time of USER's query and Lifebooker makes no promises relating to reservation availability. The availability of appointments may change at any time, and Lifebooker has no obligation to maintain "open" appointments for USER until USER has reserved such an appointment.
Although Lifebooker has taken certain steps to examine the credentials of our listed Service Providers, Lifebooker makes no guarantee regarding the skills of the Service Providers nor the quality of any of the services provided or advertised. It is entirely up to USER to determine whether a Service Provider is suited for a particular task. Once a USER makes a reservation via the Site, the USER enters a direct agreement with the Service Provider for the requested services. The Service Providers are NOT EMPLOYEES OR AGENTS of Lifebooker. We make no guarantee that the Service Provider will accept your booking request. Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly.
Except as provided herein, Lifebooker is not involved directly in the financial transaction between Service Provider and USER. When booking services on our Site, USER may be required to submit his or her credit card information. This is because Service Providers require that a credit card be provided before accepting a reservation.
To verify authenticity of the credit card billing information you have provided, Lifebooker places a $1 authorization hold on the credit card account. After 24 to 48 hours, the authorization will disappear. Lifebooker, or a credit card processing company working with Lifebooker, may then charge your credit card in the event USER violates the cancellation policy established by the Service Provider.
When you provide your credit card data to our Site, it is encrypted using Secure Socket Layer (SSL) technology and then sent to our credit card processor. We do not store, maintain or otherwise use any of the credit card data that you supply to the Site. WE AT LIFEBOOKER TAKE OUR RESPONSIBILITY REGARDING THE PRIVACY OF YOUR CREDIT CARD INFORMATION VERY SERIOUSLY. Please see our Privacy Statement (available at http://www.lifebooker.com/account/privacystatement) for more information on our practices with respect to your personal information.
Lifebooker Loot (referred to herein as "Lifebooker Loot" or "Loot") is a redeemable voucher for goods and services offered by the seller of such goods and services (hereafter defined as "Service Provider" or "Merchant"). By purchasing Lifebooker Loot, USER agrees to be bound by the terms of the specific Loot offering including the expiration date, price, discount, and all material terms and limitations. The terms of the particular Loot offering will be displayed on the web page advertising the Lifebooker Loot. USER will also receive a certificate describing the Lifebooker Loot (referred to herein as "Loot Certificate").
The purchase of Loot, involves a direct financial transaction between Lifebooker and USER. USER will be required to submit his or her credit card information to complete the purchase of the Loot. A Loot Certificate will only be issued if the transaction is authorized by USER's credit card company.
If you purchase Lifebooker Loot on the Site, you agree to redeem your purchase at the Merchant's place of business and pay for the products or services provided by the Merchant using your Loot Certificate and according to the terms of that Loot offering. You are responsible for the payment of any additional money, taxes or fees that may be required by the Merchant.
USER acknowledges that Lifebooker has no responsibility or liability with respect to the redemption or use of the products covered by the Lifebooker Loot. The Merchant is the seller and issuer of the products covered by the Loot. The Merchant is therefore solely responsible for all products, services, and redemption issues regarding the products and solely responsible for all claims, losses, disputes or other liability arising from the products covered by the Loot. Specific state redemption expiration requirements are solely the responsibility of the Merchant. Neither Lifebooker nor the Merchant are responsible for lost or stolen Loot Certificates. Lifebooker Loot cannot be combined with any other gift certificates, vouchers, or special offers from the Merchant, unless otherwise stated.
A USER may return a Loot, provided their Loot certificate has not been downloaded, within 24 hours after the date of purchase on the Site. After a Loot Certificate has been downloaded from the Site, a USER may no longer return his/her Loot.
USER agrees to use the Site for the purpose of finding, booking, and or rating/reviewing appointments for the services described on the Site and provided by Service Providers and for the purpose of finding, purchasing, and or rating/reviewing Lifebooker Loot. USER agrees to honor bookings by arriving at Service Provider's place of business on time and paying for the services provided by the Service Provider. Additional terms and conditions may also apply to your bookings or purchase of Lifebooker Loot. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any Service Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Service Provider's rules and restrictions regarding availability, minimum age and use of products or services. You agree that any violation of any such Service Provider's rules and restrictions may result in cancellation of your booking(s), in you being denied access to the applicable goods or services, in you forfeiting any monies paid for booking(s) or Lifebooker Loot, and/or in us debiting your account for any costs we incur as a result of such violation.
USER further agrees to comply with the terms and conditions of this Agreement and to refrain from using the Site for any illegal, objectionable or otherwise disruptive purpose.
As a condition of USER's use of this Site, USER represents and warrants that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with this Agreement; (iv) you will only use this Site for yourself; (v) all information supplied by you on this Site is true, accurate, current and complete, and (vi) you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
Please see our Privacy Statement (available at http://www.lifebooker.com/account/privacystatement) for information regarding Lifebooker's collection, use and storage of the personal information that you submit to the Site. USER has read our Privacy Statement, the terms and conditions of which are incorporated herein, and you agree and acknowledge that such terms are reasonable. You consent to the use of your personal information by Lifebooker in accordance with the terms of and the purposes set forth in our Privacy Statement.
If USER must cancel an appointment, USER must first provide Lifebooker with notification of the cancellation through the Site. USER may cancel an appointment simply by logging-in to his/her account (using the Login link located at the top of every page on the Site), finding the appointment USER would like to cancel in the Upcoming Appointments, and clicking the "x" listed next to it. USER must also cancel any booking according to the policies specified by each Service Provider, which are provided to USER at the time of booking. For example, some Service Providers may ask that you cancel on Lifebooker 24 hours prior to the appointment. By using the services, USER agrees to receive late cancellation confirmations by email, after canceling outside of the Service Provider's policy. If you fail to comply with the policies specified by the Service Provider regarding the cancellation of appointments, Lifebooker may charge your credit card according to the policies stated by the Service Provider at the time of booking.
If you are unable to keep your reservation and you fail to provide us with notice of cancellation and/or notify the Service Provider pursuant to its policies, Lifebooker will send you an email advising you that our records indicate you engaged in a no-show. By using the services, USER agrees to receive no-show confirmations by email after a Service Provider reports that your booking was not honored, whether or not that was in fact the case. A user can dispute a no-show by clicking on a link in the email he or she receives indicating that they were not engaged in a no-show. If you fail to comply with the policies specified by the Service Provider regarding the cancellation of appointments, Lifebooker may charge your credit card according to the policies stated by the Service Provider at the time of booking.
Your account with us may be terminated if you fail to honor appointments. In addition, you will not be entitled to any Reward Dollars (as defined below) in the event of a no-show or late cancellation. A Service Provider may not accept your reservation as a result of a previous no-show or late cancellation on your part. Finally, as explained above, your credit card may be charged in the event you fail to show up for an appointment or submit a late cancellation. By booking services on the Site, USER acknowledges and agrees to Lifebooker's policies regarding late cancellation or no-shows and agrees that any decision that Lifebooker makes as a result of such late cancellation or no-show is final and binding.
USER may receive "Reward Dollars" by providing a rating for an honored appointment that was made on the Site or providing a rating for a redeemed Loot that was purchased on the Site. Reward Dollars can be applied as credits towards appointments or Loot purchased on Lifebooker and are not redeemable for cash. Lifebooker will set up a reward account upon USER's earning of a first Reward Dollar. Thereafter, your Reward Dollars will be stored in your reward account. The amount of Reward Dollars earned, the value thereof, when, how and for what services Reward Dollars may be redeemed, and the expiration for the use of such Reward Dollars will vary from time to time in accordance with the policies established by Lifebooker. The Reward Dollars have no cash value and under no circumstances will Lifebooker be obligated to pay the cash value of any Reward Dollars to USER.
We appreciate hearing from our USERs. From time to time Lifebooker may ask USER to submit reviews, questions, comments, suggestions, ideas, ratings or the like contained in any communications (collectively "Communication" or "Communications") to us regarding the goods and/or services that you received from a particular Service Provider or regarding the services provided by Lifebooker. You are fully responsible for the content of your Communications (specifically including, but not limited to, reviews posted to this Site). You agree to provide an accurate, current and truthful Communication of the requested services and you further agree that you are solely responsible for all risks associated with the accuracy, completeness or usefulness of your Communication. Furthermore, you agree that all of your Communications will be accurate, current and truthful to the best of your knowledge. If any Communication you make is untrue, false, not current or incomplete, or Lifebooker has reasonable grounds to suspect that such Communication is untrue, false, inaccurate, not current or incomplete, Lifebooker has the right to refuse any current or future use by you of the Site, including your use of Lifebooker Loot (or any portion thereof). You are responsible for all activity conducted under your username, password or in your account and Lifebooker has no obligation to monitor your account or any related activity.
You further agree not to post, e-mail, or otherwise communicate any Communication that is illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of, in violation of or in misappropriation of another's intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content of any communication that you post to the Site. Lifebooker reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge and agree that Lifebooker may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
If you do submit a Communication to the Site, you grant Lifebooker a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such Communication throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the Communication that you submit to the Site; that the Communication is accurate; that use of the Communication that you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Lifebooker for all claims resulting from Communications that you supply. Lifebooker has the right, but not the obligation, to monitor, edit or remove any Communication, including, but not limited to, Communication that violates the standards of this Site, as determined by Lifebooker in its sole discretion. Lifebooker takes no responsibility and assumes no liability for any Communication submitted by you or any third party.
This Site contains text, graphics, video, images, trademarks, copyrights and other content ("Content") that is owned or licensed by Lifebooker, or its subsidiaries or agents. Furthermore, the Content and services provided for and depicted on the Site are protected by copyright, trademark, patent and other intellectual property laws.
All Content is provided to USER by Lifebooker for the sole purpose of using the Site. The Content may be modified from time to time by Lifebooker in its sole discretion. You agree that you are only authorized to visit, view and retain a copy of pages of this Content for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the Content for any commercial use, or for any purpose other than as described in this Agreement. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Site or the Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Lifebooker or its licensors in the Site or the Content, and any associated patents, trademarks, copyrights, trade secrets or other intellectual property or proprietary rights. No license, right or interest in any trademarks of Lifebooker or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of Lifebooker or its licensors in the Site or the Content, and any associated patents, trademarks, copyrights, trade secrets or other intellectual property or proprietary rights.
If it is determined or suspected by Lifebooker or one of its agents that you are misusing or attempting to misuse or circumvent the Site or any component, element or portion of the Site, including the Content, or are using or attempting to use the Site or any component, element or portion of the Site, for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, scraping, infiltrating, fraud, advertising, jamming or spamming, Lifebooker reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. You also agree not to use any robot, spider, technology, routing software, or other automatic device that may read, remove or otherwise take data from the Site, overload the Site, or interfere or attempt to interfere with the functionality of the Site.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INCLUDING INVASION OF PRIVACY RIGHTS, TO LIFEBOOKER AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE BOOKING OR PURCHASE, INCLUDING BUT NOT LIMITED TO, SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LIFEBOOKER AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.
By providing information to us, booking services, purchasing Loot or otherwise using the Site, you agree to being contacted by us and/or by Service Providers, either by email or telephone, for any purposes, including with advertisements of services that we believe may be of interest to you. USER understands that (s)he may opt-out of these commercial communications. If you submit such an opt-out request, please allow us ten business days to process the request. Notwithstanding the foregoing, you acknowledge and agree that you will still receive reservation confirmation emails, no-show confirmation emails, reservation cancellation confirmation emails, Reward Dollar balances, availability of use and expiration dates, other emails relating to reservations booked by you through the Site, purchase confirmations, return confirmations, Loot Certificate confirmations, and other emails relating to Loot purchased by you through the Site, even if you have opted not to receive other periodic email from us.
Lifebooker reserves the right to revoke your access to the Site, services and Loot at any time and for any reason at our sole discretion. USER agrees that if Lifebooker revokes and terminates your access to the Site, services and Loot, you waive and forfeit all of the rights set forth in this Agreement.
Lifebooker agrees that USER may terminate his or her registration to the Site at any time, upon 30 days advance written notice by emailing email@example.com or calling 1-800-401-9258. The date of termination is 30 days after the receipt of written notice of cancellation. USER agrees that upon the date of termination USER's registration and access to the Site will be terminated and that all benefits received and/or promised in accordance with this Agreement will be terminated. Upon the date of termination USER will be unable to access or cancel any bookings and Loot.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFEBOOKER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH: (I) YOUR USE OR MISUSE OF THE SITE, GOODS, SERVICES, PURCHASES, PRODUCTS, LOOT, OR ANY CONTENT CONTAINED ON THE SITE; (II) ANY FAILURE, TECHNICAL PROBLEM OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE IN ORDER TO MAKE OR CANCEL RESERVATIONS OR PURCHASE OR RETURN LOOT); OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY, ANY ACT OR OMISSIONS TO ACT BY, OR ANY MISREPRESENTATION OR BREACH OF WARRANTY BY, ANY SERVICE PROVIDER OR MERCHANT, INCLUDING ANY ACT OCCURRING WHILE USER IS AT THE SERVICE PROVIDER'S LOCATION. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE SITE.
USER AGREES TO HOLD LIFEBOOKER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, LAWSUITS, CAUSES OF ACTION, OBLIGATIONS, CONTROVERSIES, DEBTS, COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), DAMAGES, JUDGMENTS, LOSSES AND LIABILITIES OF WHATEVER KIND OR NATURE, FIXED OR CONTINGENT, IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, WHETHER OR NOT APPARENT OR CONCEALED ARISING OUT PRODUCT LIABILITY CLAIMS FOR PRODUCTS OR SERVICES OFFERED FOR SALE ON LIFEBOOKER'S SITE THAT ARE MANUFACTURED OR SUPPLIED BY OTHERS.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND UTILIZING THE GOODS AND SERVICES AT YOUR OWN RISK. THE INFORMATION, CONTENT AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE GOODS, SERVICES, PRODUCTS, PROGRAMS, SERVICE PROVIDERS AND MERCHANTS, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. LIFEBOOKER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE GOODS, SERVICES, PRODUCTS, THE SITE, CONTENT AND RELATED MATERIALS PROVIDED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR NEED OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY LIFEBOOKER. FINALLY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE GOODS OR SERVICES THAT YOU MAY RECEIVE FROM A SERVICE PROVIDER.
YOU HEREBY AGREE TO RELEASE LIFEBOOKER (AND OUR MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, GOODS, SERVICES, PRODUCTS, CONTENT, MERCHANTS, AND ANY OF THE SERVICE PROVIDERS.
The Site may contain links, clickable icon links, banner ads and any number of other Internet links to websites operated by parties other than Lifebooker. Such links are provided for USER's reference only, and Lifebooker does not control such web sites and is not responsible for their content. Lifebooker's inclusion of any links to such websites does not imply any endorsement of the material, products or services offered on such websites or any association with their operators.
YOU AGREE TO DEFEND AND INDEMNIFY LIFEBOOKER, AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM: (i) YOUR USE OR MISUSE OF THE SITE; (ii) YOUR FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT; (iii) YOUR VIOLATION OF A THIRD PARTY RIGHT, INCLUDING COPYRIGHT, TRADEMARK, PATENT INTELLECTUAL PROPERTY, PROPRIETARY OR PRIVACY RIGHTS; AND (iv) ANY CLAIM THAT ANY COMMUNICATION THAT YOU SUBMIT TO THE SITE CAUSES DAMAGE TO A THIRD PARTY.
In the event this Agreement is terminated for any reason, if the Site is terminated, or if your access to the Site is terminated, the terms of Sections 8, 12 and 16 shall survive.
We do not control the information provided by USERS, Service Providers, and Merchants. You may find other USERS', Service Providers', and Merchants' information to be inaccurate, harmful or offensive. By using the services and products, you assume all of the risks associated with the use of the Site and the Service Providers and the Merchants and you agree to accept such risks and agree that Lifebooker is not responsible for the acts or omissions of USERS, Service Providers, and Merchants. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.
By using the Site, you acknowledge and agree that the relationship between you and Lifebooker is that of independent contractors and not of principal-agent, joint ventures, partners, employer-employee; and no such relationship is intended or created hereby.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid or unenforceable under any applicable statute or rule of law, for any reason, then, only the invalid portion(s) of that provision shall be severed, and the remaining terms and provisions of this Agreement shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of this Agreement.
USER agrees that this Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER to a third party, but may be so transferred, assigned or delegated by us.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No failure of Lifebooker to exercise any right or power under this Agreement or to insist upon strict compliance by a USER with any obligation or provision of this Agreement, and no custom or practice of the parties at variance with the terms of this Agreement, shall constitute a waiver of Lifebooker's right to demand exact compliance with this Agreement. Waiver by Lifebooker can be affected only in writing by an authorized officer of Lifebooker. Lifebooker's waiver of any particular breach by a USER shall not affect or impair Lifebooker's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other USER. Nor shall any delay or omission by Lifebooker to exercise any right arising from a breach affect or impair Lifebooker's rights as to that or any subsequent breach. The existence of any claim or cause of action of a USER against Lifebooker shall not constitute a defense to Lifebooker's enforcement of any term or provision of this Agreement.
This Agreement is made under and shall be governed by and construed in accordance with the laws of State of New York, without regard to any choice of law provisions.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site, excluding legal action taken by us to recover damages for, or obtain an injunction relating to the Site, our intellectual property or proprietary rights, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Lifebooker reserves the right at all times to discontinue or modify this Agreement on a prospective basis in our sole and absolute discretion as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read the Agreement from time to time in order that you stay informed as to any such changes. If we make changes to the Agreement and you continue to use our Site, you are impliedly agreeing to the Agreement expressed herein. Any such deletions or modifications shall be effective immediately upon Lifebooker's posting thereof. Any use of the Site or Services by USER after such notice shall be deemed to constitute acceptance by USER of such modifications. If you have any questions regarding this Agreement or Lifebooker's terms and conditions of use, you may contact us by emailing firstname.lastname@example.org or calling 1-800-401-9258.