Terms and Conditions of Use

 

Welcome to the Lifia Community Platform (hereinafter the "Platform"), the systems that power the Positive People community.  Lifia builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms and Conditions of Use (“Terms”) govern your use of Lifia Communities and the other products, features, apps, services, technologies, and software we offer (including whichever Lifia community you join, including the Positive People community, and hereinafter called “The Lifia Community”), except where we expressly state that separate terms (and not these) apply. The Platform is provided to you by Lifia Corporation.

We don’t charge you to use the Platform or the other products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.

The Platform helps to connect you with people and organizations you care about.  We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Platform and The Lifia Community. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, and people you may want to connect with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.

 

  1. Agreement to terms of use as prerequisite to using The Lifia Community Platform.

By accessing and using the Platform, you agree to be bound by these Terms, including but not limited to the Privacy Policy, the disclaimer of all warranties, both express and implied, and the disclaimer of all liability. If you do not agree to these Terms, you are not permitted to use the Platform or any of the content, services, images, graphics, products, or representations available on or accessible through the Platform. 

 

  1. User Eligibility.

We are committed to protecting the privacy of children. This Platform is not intended or designed to attract children under the age of 13, and The Lifia Community will not keep the personal information of anyone we know to be under age 13.  To use the Platform, you must:

  •         Provide accurate information about yourself.
  •         Create only one account (your own) and use it for personal purposes.
  •         Not share your password, give access to your account to others, or transfer your account to anyone else (without our permission).

 

We try to make our communities broadly available to many people, but you cannot use our Platform if:

  •         You are under 13 years old.
  •         You are a convicted sex offender.
  •         We've previously disabled your account for violations of our Terms or Policies.
  •         You are prohibited from receiving our Platform and its products, services, or software under applicable laws.

 

  1. Status of Parties.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Lifia Community as a result of your use of this Platform. You further agree that The Lifia Community is not a health care provider as defined by the Health Insurance Portability and Accountability Act ("HIPAA") and that this Platform is not intended to, nor does it, provide medical advice.

The advice and opinions expressed on our Platform are specific to the individual community members and are based upon their unique circumstances.  This online community is intended to provide general information and allow individuals to express their opinions to a wide audience.  For advice appropriate to your specific situation, please consult a qualified professional.  Always seek the advice of your physician or other qualified health provider regarding your health. You and your medical professionals are solely responsible for the treatment of any medical condition which you may have.

 

  1. Privacy Policy.

The protection of your privacy is important, both to you and to The Lifia Community.  At the same time, we believe that providing information on our Platform's users will help health care researchers to develop more effective treatments for The Lifia Community as well as other people around the world. Our Privacy Policy is designed to protect our users' information while at the same time providing information in the aggregate to the health care industry. Read the full Privacy Policy which is hereby incorporated into these Terms.

 

  1. Acceptable and Lawful Use of Platform by Members.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

Members shall not post or upload any information or other content on the Platform that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Platform (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a forum, seminar, or threaded message).  The use of expressions of bigotry, racism, hatred, or profanity are not permitted. Members may not use the Platform to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.  You may not use any robot, spider, scraper, or other automated means to access the Platform or content or services provided on the Platform for any purposes. You may not post content on the Platform that contains or links to any malware, viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Platform unavailable through denial-of-service attacks or other means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications (SPAM) or allow others' use of your membership account to take these actions.

 

  1. The Lifia Community's right to terminate your access.

The Lifia Community, in its sole discretion and with or without cause, may terminate your access to and use of the Platform and may remove and discard any material which you have uploaded, posted, distributed or otherwise made available through the Platform. The Lifia Community may exercise any or all of its rights pursuant to this paragraph at any time and without prior notice and without liability to you or to any third party for the exercise of its rights.

 

  1. Permissible uses of Platform materials.

You are hereby granted a license by The Lifia Community to copy and distribute the materials on this Platform subject to the following restrictions: (1) the license only applies to those materials for which members of The Lifia Community owns the copyright and does not extend to any other material; (2) the license is revocable and subject to termination at The Lifia Community's sole discretion, with or without cause; (3) your use of the Platform's materials must be for non-commercial purposes; (4) you may not sell or sublicense any material that you copy from the Platform; (5) this license is non-exclusive and non-transferable; (6) any copies of materials from this Platform must contain the legend "Reprinted with permission from The Lifia Community. © 2021 Lifia Corporation. All warranties expressly disclaimed." To request The Lifia Community's permission to use the Platform for any other purpose, please contact: Lifia Corporation on the web at   www.lifia.me   or you can email us at support@lifia.me

 

  1. License to The Lifia Community to use content which you post or distribute via the Platform.

We need certain permissions from you to provide our services:

  1.   Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

 

You own the intellectual property rights (things like copyright or trademarks) in any content that you create and share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

 

By posting messages, uploading files, inputting data, or engaging in any other form of communication (collectively referred to as "Content") through the Platform you are granting The Lifia Community an unrestricted, irrevocable, world-wide, royalty-free, non-exclusive license (the "License") to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the Content (in whole or in part) and to incorporate the Content into other works in any format or medium now known or later developed and to fully sub-license any and all of the rights conveyed pursuant to the License. The License includes the right to exploit any proprietary rights in that Content, including but not limited to rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction.

When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:

  •         immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
  •         your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  •         where immediate deletion would restrict our ability to:
  •         investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
  •         comply with a legal obligation, such as the preservation of evidence; or
  •         comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

 

  1.   Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

 

  1. Disclaimer of all express and implied warranties.

The Platform may include technical inaccuracies or typographical errors. The Lifia Community does not warrant the accuracy or suitability of any of the information, statements, content, services, images, graphics, products and/or representations appearing on the Platform. All information, statements, content, services, images, graphics, products and representations are provided "AS IS" and without any warranty of any kind.

WITH REGARD TO ALL INFORMATION, STATEMENTS, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS PLATFORM, THE LIFIA COMMUNITY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Disclaimer of responsibility for material posted at other "linked" sites.

There are links on the Platform which allow you to leave the Platform and visit other websites which are not under The Lifia Community's control or direction. Accordingly, The Lifia Community is not and cannot be held liable or responsible for the content, services, images, graphics, products or representations of any linked website. The Lifia Community cannot and does not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal and inoffensive, or that those sites do not contain viruses, other malware or code that will not otherwise adversely affect your computer. The Lifia Community provides links to these other websites solely as a convenience to you.

 

  1. Limitation on liability for damages.

THE LIFIA COMMUNITY IS NOT LIABLE FOR ANY COMPENSATORY, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, STATEMENTS, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND/OR SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS PLATFORM; THE LIFIA COMMUNITY IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED THE LIFIA COMMUNITY OF THE POSSIBILITY OF THESE DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE LIMITATIONS AND EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU.

Without waiving any of the exclusions and limitations listed above, in no event shall The Lifia Community be held liable for any failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control. This includes, but is not limited to, the following:  Internet failures, equipment failures, telecommunication equipment failures, electrical power failures, labor disputes, strikes, civil disturbances, war, revolutions, riots, insurrections, labor and/or material shortages, storms or other severe weather, fires, floods, explosions, Acts of God and governmental actions.

 

  1. Requirement of indemnification for damage caused by Platform visitors.

As a condition of your use of the Platform, you warrant to Lifia Corporation and The Lifia Community that you will not use the Platform for unlawful purposes or in ways which are prohibited by these Terms or which could damage or disable the Platform or interfere with any other party's use and enjoyment of the Platform. You agree to indemnify and hold Lifia Corporation and its officers, directors, agents and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform.

 

  1. Copyright notice.

All original contents of the Platform, including but not limited to words, images, and sounds, are property of Lifia Corporation (© 2021, The Lifia Community and Lifia Corporation). Except as explicitly stated, all rights are reserved.

 

  1. Trademark notice.

Trademarks appearing on the Platform, including but not limited to Lifia, Lifia.me, Lifia Community, and Positive People, are the property of their respective owners and may not be reproduced without their owners' express permission. The design and layout of the Platform is protected as trade dress and may not be copied or imitated in whole or in part.

 

  1. Mandatory arbitration.

Any dispute regarding the Terms or the content, services, images, graphics, products, or representations provided on or through this Platform shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The exclusive venue for any arbitration proceeding shall be Ingham County, Michigan. Judgment on the arbitration award may be entered in any court having jurisdiction. Pending the completion of arbitration, The Lifia Community may seek any interim or preliminary relief necessary to protect its rights or property from any court of competent jurisdiction. Any action related to the Platform will be governed by Michigan law and United States federal law. 

 

  1. Severability of provisions.

The provisions of the Terms are severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions. If any provision of the Terms is invalid or unenforceable: (1) a suitable and equitable provision shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of the invalid or unenforceable provision; and (2) the remainder of the Terms and the application of that provision to other persons, entities or circumstances shall not be affected by the invalidity or unenforceability of that provision, or the application thereof, in any other jurisdiction. A printed version of the Terms shall be admissible in any proceeding based upon or relating to the Terms to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

 

  1. The Lifia Community's right to modify the content and rules.

The Lifia Community reserves the right to make changes at any time, with or without notice, to the Terms and to the Platform and to the information, statements, representations, images, graphics, content, products, and services contained on or accessible through the Platform. These changes are effective immediately upon posting on the Platform. Please periodically check this page so that you may become aware of any changes. Your continued use of the Platform following any changes constitutes your acceptance of the Terms as modified.

 

  1. Date of last update to Terms.

The Terms and Conditions were last updated on September 27, 2021.