Last updated: Aug 10, 2020

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LifeAt LLC (“Company“, “we”, “us”, or “our”), concerning your access to and use of LifeAt website’s http://lifeat.org or any LifeAt products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through the LifeAt website (collectively, the “Service”). Using the Service indicates that you accept these Terms and any policies and guidelines of LifeAt incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. 

General.

The Service is owned and operated by LifeAt, LLC. LifeAt reserves the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the service after the date such revised Terms of Use are posted.

The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

Eligibility

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using LifeAt services. 

Non-commercial Use by Users

The LifeAt LLC Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by LifeAt LLC. Illegal and/or unauthorized use of the LifeAt LLC Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the LifeAt LLC Platforms, is prohibited. LifeAt LLC reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the LifeAt LLC Services.

Fees

You acknowledge that LifeAt LLC reserves the right to charge fees for the use of the LifeAt LLC Services and to change such fees from time to time in its sole discretion. If LifeAt LLC terminates your use of the LifeAt LLC Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.

Ownership and Proprietary Rights

All LifeAt LLC source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal or commercial purpose whatsoever, without our express prior written permission.

The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images and digital 3D model information available for viewing in the LifeAt’s use of the 3rd Party 3D Modeling Viewer. The “3rd Party 3D Modeling Viewer” means any functionality or application on the LifeAt website that displays 3D models and related content through an external 3rd party solution. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. 

Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis:

• View any content available on the LifeAt website through the functionality included in the website;
• Link to any page of the LifeAt website, including on any of your websites or blogs or through any of your social networking outlets

Prohibited Activities.

The following is a partial list of certain activities that are illegal or prohibited on the LifeAt LLC Platforms and through your use of the LifeAt LLC Services (“Prohibited Activities“). LifeAt LLC reserves the right to investigate and take appropriate legal action against anyone who LifeAt LLC believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to:

1. criminal or tortious activity, pornography, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets. This includes sending, posting, uploading or otherwise transmitting to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable
2. advertising to, using for personal or commercial use, or solicitation of, any user to buy or sell any products or services through the LifeAt LLC Services other than someone authorized by LifeAt LLC. This includes using any LifeAt content or 3rd Party 3d modeling viewer and embedding on any external site other than LifeAt.org or websites or app, that is not authorized by LifeAt with permission. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the LifeAt LLC Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent. 
3. any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or creating an undue burden on the LifeAt LLC Services or the networks or services connected to the LifeAt LLC Services.
4. using any information obtained from the LifeAt LLC Services in order to harass, abuse, or harm another person; or
5. using the LifeAt LLC Services in a manner inconsistent with any and all applicable laws and regulations. 

Privacy.

The use of the LifeAt Services is also governed by the LifeAt Privacy Policy, which is incorporated into this Agreement by this reference.

Links to Other Websites.

For your convenience, the Service may contain links to other websites, such a link to an education institution (“client”). If you use these links, you will leave the Service. Certain of these linked websites may make use of LifeAt’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from LifeAt. LifeAt is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not LifeAt is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by LifeAt of the organizations sponsoring such third-party websites or their products or services. Except for any LifeAt property or content embedded in any third-party website, these Terms do not apply to any third-party website.

Termination.

LifeAt may terminate your use of the Service at any time at our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.

Disclaimer.

LifeAt LLC is not responsible for any incorrect or inaccurate content posted on the LifeAt LLC Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the LifeAt LLC Services. The LifeAt LLC Services may contain links to other websites. LifeAt LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LifeAt LLC. Inclusion of any linked website on the LifeAt LLC Services does not imply approval or endorsement of the linked website by LifeAt LLC. When you access these third-party sites, you do so at your own risk. LifeAt LLC takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. LifeAt LLC is not responsible for the conduct, whether online or offline, of any user of the LifeAt LLC Services. LifeAt LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the LifeAt LLC Services. LifeAt LLC is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the LifeAt LLC Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the LifeAt LLC Services. Under no circumstances shall LifeAt LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the LifeAt LLC Services, attendance or participation in a LifeAt LLC event or promotion, from any content posted on or through the LifeAt LLC Services, or from the conduct of any users of the LifeAt LLC Services, whether online or offline. The LifeAt LLC Services are provided “AS-IS” and as available and LifeAt LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LifeAt LLC cannot guarantee and does not promise any specific results from use of the LifeAt LLC Services.

Limitation of Liability.

IN NO EVENT SHALL LIFEAT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE LIFEAT LLC SERVICES, EVEN IF LIFEAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFEAT LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIFEAT LLC FOR THE LIFEAT LLC SERVICES DURING THE TERM OF YOUR USE OF THE LIFEAT LLC SERVICES.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFEAT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF LIFEAT OR A LIFEAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; 

Indemnity

You will indemnify, defend, and hold harmless LifeAt, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to LifeAt violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases LifeAt from all liability with respect to such Claim or unless LifeAt consents to such settlement in writing.

Site Security.

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. LifeAt will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other.

By using the LifeAt LLC Platforms or any of the LifeAt LLC Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and LifeAt LLC regarding the use of the LifeAt LLC Services. The failure of LifeAt LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LifeAt LLC and Experience Builder are trademarks of LifeAt LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Questions.

If you have any questions regarding these Terms, please submit your questions via an email to contact@lifeat.org. We will endeavor to respond to you promptly.