Terms of ServiceLast Updated: December 3rd 2017
- Privacy and Security: The Skill allows you to use your Alexa-enabled device (e.g., Amazon Echo) to communicate with LifeSite’s secure cloud-based, SAAS system. To use the Skill, you will need to be an existing LifeSite user (www.lifesitevault.com), set up a Personal Identification Number (PIN) (in your LifeSite account) for use with the Skill, and then initiate connection with the Skill on your Alexa-enabled device. Following successful setup of your PIN, you will be prompted for the PIN prior to using the Skill.You can then use the Skill, into which you will speak commands and questions aloud to Amazon’s Alexa service (“Alexa”), and you will receive responses aloud from Alexa. Any communication to LifeSite via Alexa will be treated by LifeSite as a communication authorized by you, and any communication from LifeSite via Alexa in response to a request received from your Alexa-enabled device will be treated by LifeSite as a communication to you. In other words, you are responsible for all interactions with LifeSite via the Skill.For example, it is possible that someone other than you could interact with LifeSite via the Skill, or that someone could overhear you interacting with LifeSite via the Skill and learn information about your LifeSite. It is also possible that Alexa (and the equipment on which Alexa is installed) and/or Amazon will record your interactions with the Skill or with Alexa. Consult your agreement(s) with Amazon to learn more about how Amazon and your Alexa-enabled device treat those interactions.
- Third-Party Software: The device also runs other software (e.g., Alexa and other third-party apps) that we did not write or design and do not have control over. It’s possible that Alexa will not hear you correctly, will incorrectly translate what you said, or even say something to you that is different than what we asked it to say.
- Accuracy: By accepting this Agreement, you understand and agree that LifeSite is not responsible for inaccuracies in your interactions with LifeSite via the Skill. If you have any issues or doubts about the accuracy of your interactions with LifeSite via the Skill, you can still get your LifeSite information in all the same ways you get them without using the Alexa-enabled device (including using the LifeSite mobile application or logging on to your LifeSite account on our website www.lifesitevault.com).
- Bugs: It’s possible that there will be bugs. In addition to the possibility of Alexa mishearing you or misquoting LifeSite, there is also a possibility that something might not work correctly, or might not work at all. By using the Skill, you’re accepting that risk. As a reminder, you do not need the Skill to access your LifeSite Information. All of the information available from LifeSite via the Skill is also available by logging into your LifeSite account as noted in the “Accuracy” section, above. It’s a good idea not to rely on the Skill as your sole means of accessing your LifeSite account.
- Other Requirements: To use and access LifeSite via the Skill, you must (1) have an active LifeSite account, (2) have an Alexa-enabled device, an internet connection, and an Amazon account. You cannot use the Skill otherwise.
- Health and Medical Information: This skill does not provide health or medical advice, and is for informational purposes only, and is not a substitute for professional health or medical advice, treatment or diagnosis.
- Changes, Updates or Enhancements: We may change, update, enhance, suspend, or discontinue the Skill, or any part of it, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on our website at www.LifeSite.co. Your continued use of the Skill after the effective date of the revised Agreement constitutes acceptance of the revised terms.
- Termination: Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the Skill.
- Tech Support: LifeSite may or may not provide technical and other support for the Skill. You agree to abide by any support rules and policies. If such support is provided, it will be provided in addition to any normal support for LifeSite.
- Disclaimer of Warranty: You acknowledge and agree that all use of the Skill is at your sole risk. YOU ASSUME ALL RISK FOR YOUR USE OF THE SKILL, THAT IT IS PROVIDED “AS IS”, AND THAT LIFESITE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. LIFESITE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFESITE, OR THROUGH OR FROM THE SKILL, WILL CREATE ANY WARRANTY OF ANY KIND.
- Governing Law; Jurisdiction; Venue: This Agreement shall be governed by and construed in accordance with the law of the State of California without regard to any portion of its choice of law principles that might provide for application of a different jurisdiction’s law; provided, however, that to the maximum extent permitted under applicable laws, this Agreement will not be subject to the Uniform Computer Information Transactions Act as currently enacted or as may be codified or amended from time to time by any jurisdiction. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States Ninth Circuit District Court in San Francisco, California.
- Trademark Information: LifeSite’s trademarks and graphics used in connection with the Skill are the property solely of LifeSite. All other trademarks and graphics used are the property of their respective owners.
Conditions of UseUser Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by LifeSite. LifeSite reserves the right to investigate and take appropriate legal action against anyone who, in LifeSite’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of LifeSite, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose LifeSite or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- This is a limited time offer
- Offer applies to the list price of LifeSite Vault PLUS on the start date of the initial service, and the subsequent annual renewal dates
- Offer applies only to the LifeSite Vault PLUS base subscription product
- Offer does not apply to any additional add on, new or upgrade products/subscriptions
- Offer may not be combined with other offers
- “Free” is equal to a list price of $0
- “Forever” and “for life” is for as long as the user remains a subscriber
- The subscriber terminates offer upon any cancellation of service
- LifeSite reserves the right to modify or cancel the offer at any time
Apple-Enabled Software ApplicationsLifeSite offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- LifeSite and you acknowledge that these Terms of Service are concluded between LifeSite and you only, and not with Apple, and that as between LifeSite and Apple, LifeSite, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be LifeSite’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- LifeSite and you acknowledge that LifeSite, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between LifeSite and Apple, LifeSite, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to LifeSite as follows: Email address: LifeSite Support
Intellectual Property RightsService Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by LifeSite, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by LifeSite from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of LifeSite, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by LifeSite. The LifeSite name, the LifeSite logos, and the tagline LIFE’S INFORMATION. ALL IN ONE PLACE., are trademarks and service marks of LifeSite (collectively the “LifeSite Trademarks”). Other LifeSite, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LifeSite. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LifeSite Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of LifeSite Trademarks will inure to our exclusive benefit. Third Party Material: Under no circumstances will LifeSite be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that LifeSite does not pre-screen content, but that LifeSite and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, LifeSite and its designees will have the right to remove any content that violates these Terms of Service or is deemed by LifeSite, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant LifeSite and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, LifeSite will never publically display, publish, or distribute any personally identifiable information or personal health information you upload to the Services without your permission. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to LifeSite are non-confidential and LifeSite will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that LifeSite may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LifeSite, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Copyright Complaints: LifeSite respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify LifeSite of your infringement claim in accordance with the procedure set forth below. LifeSite will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to LifeSite’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.