These terms of use (the "Terms of Use") govern the use of the Lifecraft application and platform (the "Service") which is operated by Lifecraft Inc. ("Lifecraft"). Access and use of the Service is provided by Lifecraft to you on condition that you accept these Terms of Use, and by accessing or using the Service, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use, stop accessing or using the Service.
Lifecraft may revise and update these Terms of Use at any time. If a change is material, we will a) prominently post a notice on the main page of our website to alert you about the change; b) email you via our newsletter (requires you to opt-in) to alert you about the change; and c) provide at least 30 days notice before the change takes effect. Your continued access or use of the Service after any such changes are effective will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse the Service or any system resources, services or networks connected to or accessible through the Service. You may only use the Service for lawful purposes.
Subscription
Some parts or all of the service may be billed on a subscription basis (the "Subscription"). You will be billed in advance on the credit card attached to your iTunes account on a periodic and recurring basis (the "Billing Cycle"). When you purchase a Subscription, you choose the Billing Cycle which typically recurs on either a monthly or annual basis. At the end of each Billing Cycle, your Subscription will automatically renew using the original conditions unless you cancel the Subscription at least 24 hours before the end of the Billing Cycle. You may cancel or otherwise manage your Subscription in iTunes' Account Settings after purchase.
Free Trial
Lifecraft, may at its sole discretion, offer a Subscription with a free trial for a limited period of time (the "Free Trial"). In order to sign-up for the Free Trial, you will authorize the Free Trial subscription using your iTunes account and choose a Billing Cycle just like a regular Subscription. However, you will not be charged until the Free Trial expires. If you don't cancel the Free Trial at least 24 hours before the Free Trial expires, you will automatically start being charged for the type of Subscription you have chosen. Lifecraft reserves the right to change the terms of the Free Trial and/or cancel the Free Trial at any time.
Pricing
Lifecraft, at its sole discretion and at any time, may modify the fee charged for a Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Lifecraft will provide you with reasonable notice of any Subscription fee change and you will be given the opportunity to cancel your Subscription if the new fee is not acceptable to you. Your continued use of the Service after the Subscription fee change goes into effect constitutes your automatic acceptance of the fee change.
Refunds
Subscription fees are non-refundable except where required by law. All refunds shall be handled through your iTunes account.
Intellectual Property
The Service, it original content, its presentation, its features, and its functionality are the exclusive property of Lifecraft and and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade dress, trade names, internet domain names, and other similar rights. Lifecraft's trademarks and trade dress may not be used in connection with any product or service without the express written consent of Lifecraft.
Linked Websites
The Service may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Lifecraft monitors or endorses these websites. Lifecraft does not accept any responsibility for such websites. Lifecraft shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
Termination
Lifecraft reserves the right, at its sole discretion, to terminate your access or use of the Service at any time and for any reason whatsoever, including your breach of these Terms of Use. Upon your termination, your right to use the Service will cease immediately. You may terminate your use of the Service at any time by discontinuing use of the Service.
Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIFECRAFT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ITS USE WILL BE UNINTERRUPTED, THAT IT IS ERROR FREE, THAT ANY ERRORS WILL BE CORRECTED, OR THAT IT IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL LIFECRAFT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICE OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF LIFECRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SERVICE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE ($0.01) U.S. CENT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Lifecraft harmless against all claims or liability asserted against Lifecraft arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Applicable Law
The Service is controlled, operated and administered by Lifecraft from within Utah, United States. The Service can be accessed from all states in the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Utah, by accessing or using the Service, you acknowledge and agree that all matters relating to access to, or use of the Service shall be governed by the laws of the state of Utah and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
Failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between you and Lifecraft regarding the Service, and supersede and replace any prior agreements between you and Lifecraft regarding the Service.
Contact
If you have any concerns relating to the Service or these Terms of Use, please contact Lifecraft.
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