ACCEPTANCE OF TERMS
Welcome to The Chiropractic Authority DBA as IN8LIFE (‘IN8LIFE’) requires that all affiliates, merchants, partners, retailers, and all other visitors (collectively, “the Users”, or “User”) to IN8LIFE’s website, http://thechiropracticauthority.com (“the Site”) and any, or all services available on or through the Site, or otherwise provided by IN8LIFE (collectively, the “Service”) agree to the terms and conditions set forth in this User Agreement (“Agreement”). You should review carefully the following terms and conditions before using the Site or Service as they affect your legal rights and obligations. BY USING THE SITE, YOU ACKNOWLEGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE OR SERVICE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE. As used in this Agreement, “we,” “our” and “us” means IN8LIFE unless otherwise indicated.
Modifications to the Agreement
Eligibility to Use the Site
By using the Site, you represent and warrant that (a) all information you submit is truthful, current, complete and accurate; (b) your use of the Site does not violate any applicable law or regulation in your jurisdiction when you solicit donations, funds, particularly but not limited to the laws relating to your marketing and solicitation of your fundraising campaign; and (c) the funds you obtain through the methods within the Site and Service will be used solely for the purposes described in the materials that you post; and (d) you are at least 18 years of age; or, if you are not at least 18 years of age, you are at least 13 years of age and are using the Site with the express consent of your parent or guardian who has read and agrees to the terms of this Agreement. No one under age 13 may use the Site. IN8LIFE may, at its sole and absolute discretion and at any time, terminate your privilege to use this Site and/or Service for any other reason.
Account Registration & Membership
In order for Users to participate in the IN8LIFE Site and/or Service, you must create a registered User account, membership or subscription (collectively, “Account” of the IN8LIFE Site and/or Service. When creating, updating or modifying Account information to the IN8LIFE Site and Service, you agree to provide only true, accurate, current and complete information. When you register with us, you accept responsibility for all activities that occur under your Account or password and you agree you will not sell, transfer or assign your membership or any membership rights in the Account.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your Account regardless of whether you have authorized such uses. You shall not share your Account with anyone else. You agree not to use the Account, username or password of anyone else. You shall not disclose your password to anyone else. Multiple Accounts are prohibited. You agree to have only one Account. You agree to exit from your Account at the end of each session and to take all reasonable precautions to prevent others from using your Account. You agree to notify IN8LIFE immediately of any unauthorized use of your Account.
Additionally, IN8LIFE reserves the right to terminate Accounts created by Users who appropriate the name, e-mail address, or other personal identifiable information of any other individual or entity. IN8LIFE, also reserves the right to refuse to approve an Account or terminate an existing Account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. IN8LIFE is not liable for any losses or damages incurred by you as a result of the termination of your Account or refusal of the Service.
IN8LIFE and authorized third parties acting on behalf of IN8LIFE may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Site and IN8LIFE Service. You may opt out from receiving such e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you understand and agree that you will still be held responsible as a party who should have known the information contained in these e- mails.
Products, Content and Specifications
All features, content, specifications, materials and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that such products or services will be available at any time in the future. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order on this Site, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipping to an address designated by the purchaser, as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
For all charges for any products and services sold on this Website, IN8LIFE will bill your credit card. In the event that collection or other legal action is necessary to collect on balances due, you agree to reimburse IN8LIFE for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.
For product refunds, you must contact us by email first for a “Return Merchandise Authorization” number(‘RMA’). Make sure the RMA# and a copy of your invoice with your email address related to your order are included with the returned products. Also, include in detail why you are returning the product and what you want. We will only accept returns on products that are not damaged and are unopened! If you have opened the product or removed any of the products packaging or seals, we will not accept the return. All un-opened products can be returned within twenty (20) days of your invoice for exchange or credit. Customer is responsible for all shipping charges on returns. All returns are subject to a 20% restocking fee. No returns on special orders. IN8LIFE will issue a refund for returned items, less shipping charges and re-stocking fees. No exceptions will be made.
Acceptable and Lawful Use of Site and Interactive Features
When you are using the Site and/or the Service, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates this Agreement. You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively “User Generated Content”).
Any personal information, computer information, User Generated Content or other information that you provide to IN8LIFE in connection with the use of the Site shall not:
- be obscene or indecent;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- be defamatory, libelous, unlawfully threatening or unlawfully harassing; and create any liability for IN8LIFE or cause us to lose (in whole or in part) the services of our internet service provider(s), web hosting company or any other vendors or suppliers.
You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the Site and Services, including without limitation laws and regulations relating in any way to the sale or resale of products or services offered which may include free entry into a sweepstakesThis Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the “Interactive Features”). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:
- engage in any conduct that, in IN8LIFE’s sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Site or Services;
- use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks IN8LIFE uses to provide the Site or Services;
- gain unauthorized access to the Site, or any Account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;
- use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Site or Services for fundraising activities is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without IN8LIFE’s written consent, except that using the Site or Services for fundraising campaigns is expressly permitted;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person.
IN8LIFE shall have the right, but no obligation, to monitor the content on the Interactive Features to determine compliance with this Agreement and any other operating rules we establish. IN8LIFE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Interactive Features of the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content. IN8LIFE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Interactive Features, whether it is provided by IN8LIFE, our employees, or a third party.
Under no circumstances will IN8LIFE be liable for any loss or damage of any kind caused by reliance on information obtained through the Interactive Features of the Site or Services. IN8LIFE is not responsible for any offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in IN8LIFE’s sole discretion is inappropriate, objectionable or in violation of this Agreement.
Any User who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to info@IN8LIFEIn8life.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither IN8LIFE nor any third party content provider shall assume or have any liability for any action or inaction by IN8LIFE or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
IN8LIFE is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Interactive Features.
User Interaction Disclaimer
You are solely responsible for your interactions with other Users, whether online or in person. IN8LIFE are not responsible or liable for any loss or damage resulting from any interaction with other Site and/or Service Users, merchants, or other persons or entities you meet through the Site and/or Service, or Users, merchants or other persons or entities who find you because of information posted on, by or through the Site and/or Service. You agree to take reasonable precautions in all interactions with other Users on the Site and/or Service, and conduct any necessary investigation before meeting with another person or entity. We are IN8LIFE under no obligation to become involved with any User dispute, but we may do so at our own discretion.
Ownership of User Generated Content
You retain ownership to User Generated Content submitted on the Site or through the Service. However, by submitting your User Generated Content to IN8LIFE, you hereby grant IN8LIFE the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
- to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums as part of the services IN8LIFE provides;
- to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
- to use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
By submitting User Generated Content for inclusion on the Site or through the Service, you also grant the following use of and rights to your User Generated Content to others: (i) the non- exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under the terms of this Agreement. The foregoing licenses granted by you shall terminate once you remove or delete your User Generated Content from the Site or Services. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or if other people have made copies of it before it was deleted.
Suspension or Termination of Your Use of the Site
IN8LIFE reserves the right to terminate your access to and use of the Service and the Service components in its sole discretion, without notice and liability, including, without limitation, if IN8LIFE believes your conduct fails to conform with the terms of this Agreement. IN8LIFE also reserves the right to investigate suspected violations of this Agreement. Any violation of the forgoing may be referred to law enforcement authorities. In the event of termination, you agree to immediately cease access to the Sites and the Service.
Upon termination of your access to the Service, or upon demand from IN8LIFE, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, the Service or links to the Service; (b) destroy all materials obtained from the Service and all related documentation; and (c) as applicable, pay any amounts owed to IN8LIFE in full within thirty (30) days from the date of such termination and continue to pay any other amounts which may become due and owing us under the terms of this Agreement.
IN8LIFE also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Service, without limitation, in whole or in part, including the cessation of all activities associated with the Service, with or without notice. You agree that IN8LIFE will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof. IN8LIFE also reserves the right to charge for use of the Service, in whole or in part, and to change its fees from time to time in its discretion.
Ownership of the Site, Site information and Services; Intellectual Property Rights
The Site and Services are expressly owned and operated by IN8LIFE. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by IN8LIFE or its affiliates, if any, or are licensed by IN8LIFE from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site, Service or Site Information may be reprinted, republished, modified, or distributed in any form without IN8LIFE’s express written permission. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site, the Service or any of the Site Information.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits IN8LIFE or our licensors, that dilutes the strength of IN8LIFE’s property or our licensor’s property, or that otherwise infringes on IN8LIFE’s or our licensor’s intellectual property rights. You further agree to in no other way misuse the Site or the Site Information.
Copyright & Trademarks
The entire contents of the Site and/or Service (except for User Generated Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, IN8LIFE owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Site and/or in the Service. Trademarks and service marks, including, without limitation, “IN8LIFE,” which appear on the Site and/or in the Service are the service and trademarks of IN8LIFE or affiliated entities. Without IN8LIFE’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to IN8LIFE or their respective owners. The entire contents of the Site and/or Service may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of IN8LIFE, unless and except as is expressly provided in this Agreement. Any unauthorized use of the Site and/or Service content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site and/or Service.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER IN8LIFE NOR ANY OF ITS MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, CONTRACTORS OR VOLUNTEERS (COLLECTIVELY, “IN8LIFE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SERVICE; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SERVICE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SERVICE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM IN8LIFE OR VIA THE SERVICE. IN ADDITION, THE IN8LIFE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE IN8LIFE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE FUNCTIONS CONTAINED ON IT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE IN8LIFE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE IS AT YOUR SOLE RISK. THE IN8LIFE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE IN8LIFE
PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THOSE PARTICULAR DISCLAIMERS IN THIS AGREEMENT.
BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE IN8LIFE PARTIES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH THE SERVICE.
Limitation of Liability
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL IN8LIFE AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY IN8LIFE OR AN AUTHORIZED IN8LIFE RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE IN8LIFE AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESUTLING FROM YOUR USE OF THIS SITE.
IN NO EVENT WILL IN8LIFE’S LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST IN8LIFE AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE EXCEED THE ACTUAL DIRECT DAMAGES INCURRED AS MEASURED BY THE TOTAL REVENUE RECEIVED BY IN8LIFE RESULTING FROM YOUR USE OF THE SERVICE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
You agree that you will hold harmless IN8LIFE’s managers, employees, directors, officers, shareholders, agents, vendors, contractors or volunteers (collectively, “IN8LIFE Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Site or the information contained in this Site or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Site
or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will IN8LIFE or the contributors of information to this Site and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless IN8LIFE Parties from and against all losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, resulting from any violation by you of this Agreement. IN8LIFE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
You acknowledge that the opinions and recommendations contained in the Site and Service are not necessarily those of IN8LIFE or endorsed by IN8LIFE. IN8LIFE may provide links on the Site and Service to other websites which are not under the control of IN8LIFE. In general, any website which has an address (or URL) which does not contain “IN8LIFEIn8life.com” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by IN8LIFE of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
Third Party Links & Content
IN8LIFE in some instances allows you and other Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other electronic communication facilities that may be offered on or through the Site from time to time (collectively “Groups”). IN8LIFE has the right, but not the obligation, to monitor the content within the Groups at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by IN8LIFE, as well as to satisfy any applicable
law, regulation or authorized government request. Without limiting the foregoing, IN8LIFE has the right, but not the obligation, to remove any material from the Groups that IN8LIFEwe in our sole discretion, find to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other User to the Groups, are those of the respective author(s) or distributor(s) and not of IN8LIFE.
The Site and the Service contains features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or mobile devices. By IN8LIFEthe Site and Service through your mobile device, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of the Service may be shared with us. If you change or deactivate your mobile device, you must promptly update your account information to ensure that we don’t send your messages to a different person.
IN8LIFE controls this Site and Service from our offices within the U.S. We make no representation that this Site, Service or its content (including, without limitation, any products or services available on or through this Site and Service) are appropriate or available for use in other locations. Users who access this Site or Service from outside the U.S. elect to do so on their own initiative, and must bear all responsibility for compliance with local laws.
IN8LIFE will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond our control.
Choice of Law; Jurisdiction
This Agreement supersedes any other agreement between you and IN8LIFE to the extent necessary to resolve any inconsistency or ambiguity between us. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Agreement, the Services or the Site will be brought only in the United States District Court for the Western District of Pennsylvania or in the Pennsylvania Common Pleas Court of Allegheny County. A printed version of this Agreement will be admissible in judicial or administrative proceedings arising out of this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.
IN8LIFEIN8LIFE’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision by us.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and IN8LIFE nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the Site and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/copyright agent with the following information in writing: (i) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed upon; (iii) identification of the material that is claimed to be infringing upon and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including an address, telephone number and, if available, an e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Contact information for IN8LIFEour copyright agent for notice of claims of copyright infringement is copyright@IN8LIFEIn8life.com.
The headings used throughout this Agreement are solely for convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
This Agreement does not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under this Agreement to anyone without IN8LIFE’s express written permission.
IN8LIFE may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent IN8LIFE from complying with the law.