MAIN CONTENT TERMS AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS” or “Agreement”)) BEFORE USING THIS WEBSITE (“Site”). By continuing to access or use this Site or any service on this Site, you signify your acceptance of the TERMS. From time to time, LifeXcel, LLC may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using this Site. Your use of this Site, or any service on the Site, after the posting of modifications to the TERMS will constitute your acceptance of the TERMS, as modified. If, at any time, you do not wish to accept the TERMS, you cease any use the Site immediately. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly rejected by LifeXcel and shall be of no force or effect.
1.User Assent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the TERMS for life-xcel.com. You further agree: (i) to comply with applicable U.S. federal, state, local, and foreign laws and regulations regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TERMS; (ii) not to use the Service for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Service.5
2.Disclaimer.All content provided on this Site is based upon information which we believe to be reliable and should be understood to be general information only. It is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. Visitors should consult their own advisors with respect to individual needs.
3.Intellectual Property.This Site, including but not limited to text, content, photographs, video, audio and graphics (the “Service”), is protected by copyright law, law relating to trademarks and service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with this Site are owned by LifeXcel, or third parties who have authorized their use. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Service. You agree to notify LifeXcel in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party.
4.Restrictions on Use.You may not use the Service for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the Service solely for your personal use and benefit or that of your organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of LifeXcel. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by LifeXcel and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of LifeXcel and such others. You agree to protect the proprietary rights of LifeXceland all others having rights in the Service during and after the term of this Agreement and to comply with all reasonable written requests made by LifeXcel or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify LifeXcelin writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
5.Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE PRINT COPIES FOR USE BY YOU AND/OR WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT LIFEXCEL, LLC’S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF LIFEXCEL LLC, COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF WE. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF LIFEXCEL, LLC’S NAMES OR MARKS IN ANY MANNER THAT CREATES THE IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY ENDORSEMENT BY WE, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES OR MARKS. YOU WILL NOT USE THE SERVICE, THE INFORMATION CONTAINED THEREIN OR ANY OF LIFEXCEL LLC NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
6. License.You acquire no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the TERMS.
7.Linking And Framing. LifeXcel prohibits the caching of this Site, unauthorized hypertext links to this Site, and the framing of any materials available through this Site. LifeXcel reserves the right to disable any unauthorized links or frames (as defined below), and specifically disclaims any responsibility for the contents of any other Internet sites linked to this Site. Other internet sites which are linked to this Site have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this Site is at your own risk and LifeXcel expressly disclaims any and all liability related to such Web sites.
8.Linking – Additional Terms. (1) By linking to this Site, you represent that you have read and agree to be bound by the TERMS. (2) Upon linking to this Site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the LifeXcel name solely for providing an underlined, textual link from your Web site to www.life-xcel.com, and for no other use. (3) You may include a link(s) on your Web site only to the life-xcel.com home page, currently located at https://www.life-xcel.com (“Home Page”) provided that you first send to LifeXcel via e-mail to : (a) your name or the name of the technical contact responsible for the link(s); (b) the name of your company; (c) the email address and telephone number for you or the technical contact responsible for the link(s); and (d) the Web site address(es) where the link(s) to the Home Page will appear. (4) Without specific, written consent by LifeXcel, you may not link to an internal or subsidiary page of this Site that is located one or several levels down from the Home Page (“deep link”), or bring up or present content of this Site within another Web site (“frame”).
8.Rights Reserved.All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, as between you and LifeXcel, at all times be and remain the sole and exclusive property of LifeXcel. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to LifeXcel
9.Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND THAT LifeXcel MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. LifeXcelDOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR IS FREE OF ERRORS OR VIRUSES, WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT WE, ITS SUPPLIERS AND ITS THIRD-PARTY ADVISORS AND/OR AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF WE, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE; OR (II) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE IS NOT MAINTAINED OR CONTROLLED BY WE. WE IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE SERVICE. WE DOES NOT: (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SERVICE; (B) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE; OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE. WE IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT WE AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS.
10.Limitation of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ITS SUPPLIERS OR ITS THIRD-PARTY ADVISORS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF WE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE. WE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.
11.Representations and Warranties.You represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) are at least eighteen (18) years of age; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Service only as set forth in these TERMS.
12 Indemnification.You agree, at your own expense, to indemnify, defend and hold harmless LifeXcel and its owners, officers, members, managers, contractors, employees, affiliates, associates, parent company, subsidiaries, successors, designees, assigns, representatives, Suppliers, advisors, and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) a violation of the TERMS by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.
13.Termination.Either you or LifeXcel may terminate this Agreement with or without cause, at any time, and effective immediately. You may terminate by discontinuing use of the Service and destroying all materials obtained from the Service. This Agreement will terminate immediately without notice from LifeXcel if LifeXcel determines, in its sole discretion that you have failed to comply with any provision of these TERMS. Upon termination by you or upon notice of termination by LifeXcel, you must promptly destroy all materials obtained from the Service and any copies thereof. Sections 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive any termination of this agreement.
14.Governing Law.These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of California, Los Angeles County with respect to any legal proceedings arising out of this Agreement and waive any objection to the propriety or convenience of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the TERMS shall remain in full force and effect.
15.Access Outside the United States.If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. LifeXcel does not provide insurance brokerage, third party administrator, or other services to governments, governmental agencies, other groups, individuals, or any of their agents which are subject to U.S. trade sanctions, including, without limitation, to the following Embargoed Persons: (i) governments, government agencies, businesses organized in, and nationals or residents of any embargoed governments or regimes or (ii) to anyone on the U.S. Treasury Department’s Office of Foreign Asset Control’s lists of Specially Designated Nationals, Specially Designated Global Terrorists, and Foreign Terrorist Organizations. By using the Service, you represent and warrant that you are not an Embargoed Person and are not controlled by or acting as an agent of any such an Embargoed Person.
17.Miscellaneous.You acknowledge that WE has the right to change the content or technical specifications of any aspect of the Service at any time at LifeXcel, LLC’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
18. Official Correspondence.Official Correspondence must be sent via certified postal mail to:
LifeXcel , LLC
Attn: Corporate Communication
1055 W. 7th Street Suite 3260
Los Angeles, CA 90017