Terms of Services Agreement
Our website address is: https://www.your10life.com or https://your10life.com
January 1, 2020
- Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Your 10 Life Trainings cannot be held responsible for Your Content or the material others upload, store or share using the Services.
b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Your 10 Life Trainings products and services, you grant to Your 10 Life Trainings a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you
Code of Conduct
- Code of Conduct.
a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- i. Don’t do anything illegal.
- ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
- iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
- v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase award points, or affect rankings, ratings, or comments).
- vi. Don’t circumvent any restrictions on access to or availability of the Services.
- vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
- viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of any part of the Services, or photographs).
- ix. Don’t engage in activity that violates the privacy of others.
- x. Don’t help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Your 10 Life Trainings account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Your 10 Life Trainings reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
Using the Services and Support
- Using the Services & Support.
- a. Your 10 Life Trainings account. You’ll need a Your 10 Life Trainings account to access many of the Services. Your 10 Life Trainings account lets you sign in to products, websites and services provided by Your 10 Life Trainings.
- i. Creating an Account. You can create a Your 10 Life Trainings account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for Your 10 Life Trainings account. If you create a Your 10 Life Trainings account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer Your 10 Life Trainings account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under Your 10 Life Trainings account.
- ii. Account Use. You must use Your 10 Life Trainings account to keep it active. This means you must sign in at least once in a three-year period to keep Your 10 Life Trainings account, and associated Services, active, unless a longer period is provided in Your 10 Life Trainings account activity policy or in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume Your 10 Life Trainings account is inactive and will place it in archive for you. Once an account is in archive, you must contact our online services team to reinstate your account to an active status. If we reasonably suspect that Your 10 Life Trainings account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), Your 10 Life Trainings may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing Your 10 Life Trainings account, please contact us at email@example.com.
- iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a Your 10 Life Trainings account. If you are the parent or legal guardian of a minor who creates a Your 10 Life Trainings account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Your 10 Life Trainings account or Services, including purchases, whether the minor’s account is now open or created later.
- iv. Closing Your Account.
- 1. You can cancel specific Services or close Your 10 Life Trainings account at any time and for any reason. To close Your 10 Life Trainings account, please email your request to firstname.lastname@example.org. When you ask us to close Your 10 Life Trainings account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, Your 10 Life Trainings account will be closed. Logging back in during that 60-day period will reactivate Your 10 Life Trainings account.
- 2. If Your 10 Life Trainings account is closed (whether by you or us), a few things happen. First, your right to use the Your 10 Life Trainings account to access the Services stops immediately. Second, we’ll delete or archive Data or Your Content associated with Your 10 Life Trainings account or will otherwise disassociate it from you and Your 10 Life Trainings account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Your 10 Life Trainings won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired. Fourth, we may temporarily prevent creation of an account associated with the email address you provided.
- b. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
- c. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with Your 10 Life Trainings account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
- d. Support. Customer support for some Services is available by emailing email@example.com. Certain Services may offer separate or additional customer support, subject to the terms available for those services, unless otherwise specified. Support may not be available for preview or beta versions (ie Introductory versions) features or Services.
- e. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and Your 10 Life Trainings account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled Your 10 Life Trainings account and have no other account able to access the Services your Services may be canceled immediately.
Using Third-Party Apps and Services
- Service Availability.
- a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with Your 10 Life Trainings account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
- b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Your 10 Life Trainings is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
Updates to the Services or Software and Changes to These Terms
- Updates to the Services or Software, and Changes to These Terms.
- a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close Your 10 Life Trainings account and, if you are a parent or guardian, help your minor child close his or her Your 10 Life Trainings account.
- b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Your 10 Life Trainings isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
- c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
- d. So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.
- Software License. Unless accompanied by a separate Your 10 Life Trainings license agreement (for example, if you are using a Your 10 Life Trainings application that is included with and a part of training, then the Your 10 Life Trainings Software License Terms (if any) for that portion of your training govern such software), any software provided by us to you as part of the Services is subject to these Terms. Applications acquired through certain Stores owned or operated by Your 10 Life Trainings or its affiliates are subject to this section below.
- a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Your 10 Life Trainings. Notices, if any, for the third-party code are included for your information only.
- b. The software is licensed, not sold, and Your 10 Life Trainings reserves all rights to the software not expressly granted by Your 10 Life Trainings, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- i. circumvent or bypass any technological protection measures in or relating to the software or Services;
- ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- iii. separate components of the software or Services for use on different devices;
- iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Your 10 Life Trainings expressly authorizes you to do so;
- v. transfer the software, any software licenses, or any rights to access or use the Services;
- vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges as may be required by State. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
- b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You may be able to access and change your billing information and payment method on the Your 10 Life Trainings portal for the service your ordered. Additionally, you agree to permit Your 10 Life Trainings to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- c. Billing. By providing Your 10 Life Trainings with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Your 10 Life Trainings to charge you for the Services or available content using your payment method; and (iii) authorize Your 10 Life Trainings to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
- d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Your 10 Life Trainings by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Your 10 Life Trainings. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Your 10 Life Trainings to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Your 10 Life Trainings or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
- e. Online Statement and Errors. Your 10 Life Trainings will provide you with an online billing statement on the Your 10 Life Trainings billing portal, where you can view and print your statement and/or electronic mail. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If Your 10 Life Trainings has identified a billing error, we will correct that error within 90 days.
- f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Your 10 Life Trainings has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply, nor does it affect our Money Back Guarantee Policy.
- g. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the Your 10 Life Trainings account management website or send an email to firstname.lastname@example.org. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
- h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
- i. Promotional Offers. From time to time, Your 10 Life Trainings may offer Services for a trial period during which Your 10 Life Trainings will not charge you for the Services. Your 10 Life Trainings reserves the right to charge you for such Services (at the normal rate) if Your 10 Life Trainings determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
- j. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
- l. Gift Cards. Redemption and use of gift cards are governed by the Your 10 Life Trainings Gift Card Terms and Conditions.
- m. Bank Account Payment Method. You may register an eligible bank account with Your 10 Life Trainings account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house (“ACH“) entries, a European financial institution that supports Single Euro Payments Area (“SEPA“) or “iDEAL” in the Netherlands). Terms you agreed to when adding your bank account as a payment method in Your 10 Life Trainings account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Your 10 Life Trainings (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from Your 10 Life Trainings account. Contact customer support as outlined above as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
- n. Credit/Debit Card Charge-backs. Should you or anyone initiate a charge-back dispute with a credit or debit card used to make payment to Your 10 Life Trainings for any reason whatsoever, you hereby agree that in accordance with our Payment Terms and policy at Section 9(i), that Promotional Offers associated with any related transactions will be void and the full amount for such products and/or services will be due. You further agree and authorize Your 10 Life Trainings to use every means available in order to collect this amount, including but not limited to re-billing your initial transaction at full price utilizing any payment information you’ve agreed to store on file with any of our electronic processors. An attempt at re-billing transactions will take place immediately upon being notified of a charge-back proceeding. Should your account be re-billed and we also succeed at challenging your charge-back, any amount deemed in excess of the full price of the products or services associated with your transactions will be immediately refunded at the conclusion of all charge-back proceedings.
Choice of Law and Jurisdiction
- Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Maricopa County, Phoenix, Arizona for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
- Warranties. YOUR 10 LIFE TRAININGS, AND OUR AFFILIATES, RESELLERS, AND VENDORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. YOUR 10 LIFE TRAININGS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
- Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Your 10 Life Trainings or any affiliates, resellers, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the any apps or software related to the Services.
14. Service-Specific Terms. The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.Acceptance of Terms
Binding Arbitration and Class Action Waiver
- Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Your 10 Life Foundation, Your 10 Life Trainings and Your 10 Life Trainings affiliates.
- a. Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the apps or software related to the Services, the Services’ or app/software’s price, Your10 Life Trainings account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Your 10 Life Trainings, ATTN: CELA Arbitration, 8825 N. 23rd Avenue, Suite 100, Phoenix, Arizona 85021, U.S.A. (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
- c. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or Maricopa County, Pheonix, Arizona, U.S.A. if you meet the court’s requirements.
- d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—Maricopa County, Phoenix, Arizona or at another place of our choosing if your dispute is with Your 10 Life Trainings. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
- e. Arbitration Fees and Payments.
- i. Disputes Involving $75,000 or Less. You agree to be responsible for your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
- ii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- f. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
- g. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15(a)) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- h. Rejecting Future Arbitration Changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15(b). If you do, the most recent version of section 15 before the change you rejected will apply.
- i. Severability. If any part of section 15 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, section 15 will be unenforceable in its entirety.
- Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 12, 13, 15, 17 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Your 10 Life Trainings for your use of the Services. It supersedes any prior agreements between you and Your 10 Life Trainings regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. Section 15(i) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(i) prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Your 10 Life Trainings successors and assigns.
- Reservation of Rights and Feedback. Except as expressly provided under these Terms, Your 10 Life Trainings does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Your 10 Life Trainings or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Your 10 Life Trainings any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback“), you give to Your 10 Life Trainings, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Your 10 Life Trainings to license its software, technologies or documentation to any third party because Your 10 Life Trainings includes your Feedback in them.
Notices and procedure for making claims of intellectual property infringement. Your 10 Life Trainings respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
Your 10 Life Trainings uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Your 10 Life Trainings may also disable or terminate accounts of users of Your 10 Life Trainings services who may be repeat infringers.
Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.
Copyright and trademark notices. The Services are copyright © 2019 Your 10 Life Foundation, Your 10 Life Trainings and/or its suppliers, 3104 E. Camelback Road, Suite 2425, Phoenix, AZ 85016, U.S.A. All rights reserved. The Terms incorporate Your 10 Life Trainings Trademark & Brand Guidelines (as amended from time to time). Your 10 Life Trainings and the names, logos, and icons of all Your 10 Life Trainings products, apps, software, and services may be either unregistered or registered trademarks of Your 10 Life Foundation or Your 10 Life Trainings in the United States and/or other countries. A non-exhaustive list of Your 10 Life Trainings registered trademarks may be obtained by contacting our legal department. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain apps and/or software used in certain Your 10 Life Trainings website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. “gnuplot” software used in certain Your 10 Life Trainings website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
Medical notice. Your 10 Life Trainings does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.
Notice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards. The apps and/or software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE.
For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.
Email: email@example.com Telephone Number: (833) TEN-LIFE
Your 10 Life Trainings
3104 E. Camelback Road, Suite 2425
Phoenix, Arizona 85016
The data controller responsible for your personal information for the purposes of GDPR compliance is:
Domain Control Systems
1525 S. Higley Road, Suite 104, Gilbert, AZ 85296