LIFE Ascent™ Subscription Terms

Last Updated: December 16, 2020

 

We at LifeOmic Holdings LLC (“we”) provide subscriptions to our personal wellness program known in the marketplace as LIFE Ascent™ (the “Service”) to individual subscribers (“you”) subject to the terms and conditions of this agreement (this “Agreement”).  A summary of the content, benefits and features made available to you as part of the Service can be found here: https://lifeapps.io/apps/life-ascent/

 

  1. Acceptance; Restrictions; Changes.
    • Accepting the Subscription Terms. The terms and conditions of this Agreement govern your access to and use of the Service.  Please read this Agreement carefully before you start to use the Service.  By using the Service, or by clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound by and abide by this Agreement.  If you do not want to agree to this Agreement, you must not access or use the Service.
    • Age Restrictions. The Service is offered and available to users who are aged sixteen years and older.  If you are aged seventeen or sixteen, or if you otherwise are not of legal age to form a binding contract in your jurisdiction of residence, then you agree that your parent or guardian has reviewed this Agreement carefully and has agreed to be bound by this Agreement on your behalf.  By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Service.
    • Geographic Restrictions. The Service and its associated content and services are provided from the United States and provided for access and use only by persons located in the United States (other than New York, New Jersey or Rhode Island and any other state or jurisdiction where prohibited by law).  The Service and its associated content and services may not be accessed or used by persons or businesses located outside of the United States or by persons located in the states of New York, New Jersey or Rhode Island or any other state or jurisdiction where prohibited by law.  By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Service.
    • Changes to the Subscription Terms. We may revise and update this Agreement from time to time in our sole discretion.  Except as described below in the section titled “Changes to Fees”, changes are effective immediately when we post them, but are not retroactive.  Your continued use of the Service following the posting of a revised Agreement means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Service if you do not want to agree to the revised Agreement.
  2. LIFE Mobile Applications Terms of Use. The Service is provided through and in conjunction with our LIFE Extend mobile application (the “Application”).  Your access to and use of the Application is governed by our LIFE Mobile Applications Terms of Use, available online at https://lifeapps.io/life-mobile-apps-terms-of-use/ (the “Terms of Use”), which such Terms of Use are incorporated into this Agreement by reference.  Please read the Terms of Use carefully before you start to use the Service.  By using the Service, or by clicking to accept or agree to this Agreement when this option is made available to you, you also accept and agree to be bound by and abide by the Terms of Use.  If you do not want to agree to the Terms of Use, you must not access or use the Service or the Application.
  3. Fees and Payment.
    • Subscription Fees. In exchange for and as a condition of your access to and use of the Service, and unless otherwise agreed by us in writing, you will pay to us the fees and charges described for you at the time you submit your order to us for a subscription to the Service (the “Fees”).  A description of our current pricing for Service subscriptions can be found here: https://lifeapps.io/apps/life-ascent/  ALL PURCHASES ARE FINAL; NO REFUNDS WILL BE PROVIDED FOR FEES YOU HAVE ALREADY PAID, UNLESS OTHERWISE AGREED BY US IN WRITING.
    • Payment Method. All Fees are due immediately when incurred.  To make payment of any Fees you incur while using the Service, you will be asked to provide at least one valid credit card, debit card, or other method of payment (your “Payment Account”).  Payment will be made for any Fees by charging the Payment Account provided.  It is your responsibility and obligation to provide accurate information pertaining to your Payment Account and to keep all such information current.  By providing any payment information to us, you represent and warrant to us that you are authorized to use the payment instrument provided for payment of all Fees under this Agreement.  It is your responsibility to ensure the applicable Payment Account has sufficient funds.  We are not responsible for bank or credit card fees associated with an overdraft on the applicable Payment Account.  If at any time your Payment Account is out of date or is unable to be used by us to charge the Fees to you, we will in good faith attempt to notify you by e-mail to the e-mail address we have on file for your account.  Failure to provide up-to-date and accurate Payment Account information may result in, but is not limited to, suspension or termination of your access to the Service (in addition to, and not in lieu of, our other rights under this Agreement, at law or in equity).
    • Promotional Pricing. Your Service subscription may start with a free trial offer or other discount (an “Initial Promotion”).  Initial Promotions apply only as specified during sign-up.  We reserve the right, in our sole and absolute discretion, to determine your Initial Promotion eligibility and will notify offenders of any perceived fraudulent activity, which may result in, but is not limited to, suspension or termination of your access to the Service (in addition to, and not in lieu of, our other rights under this Agreement, at law or in equity).
    • Changes to Fees. Our pricing is subject to change at any time, provided that for any increases to recurring subscription fee payments we will provide you with at least 30 days prior notice before any subscription fee price increases will be charged to you.  In connection with our prior notice to you of any fee increase, you will be given an opportunity to cancel your subscription before incurring any charges for the increased fees.  If you do not cancel before the next recurring payment is scheduled to be charged (when we have indicated the fee increase will take effect), the recurring payment at the increased rate will automatically be charged to your payment card for the applicable period and in each period thereafter until the subscription period has ended.
  4. Subscription Period and Cancellation. Your subscription to the Service will be for the period described for you at the time you submit your order to us.  You may cancel your subscription at any time by visiting this webpage, contacting customer service by telephone at 855-LIFEOMIC (855-543-3664) or by e-mail at support@lifeascent.io.  Cancelling your subscription will stop any future recurring charges, but this will not result in a refund of any previously-paid fees or charges.  No refunds are provided for fees or charges already paid.  If you cancel, your subscription to the Service (e.g., access to program content) will continue until the end of the last period for which you have paid.
  5. Termination. This Agreement is effective until terminated by you or Licensor.  Unless otherwise agreed by us in writing, your rights under this Agreement to access and use the Service will terminate immediately and automatically without any notice to you if you fail to comply with any of this Agreement’s terms.  You may terminate this Agreement by cancelling your subscription to the Service as described above.  We may terminate this Agreement at any time with notice to you, for any reason or for no reason, including, but not limited to, if we cease to support the Service, which we may do in our sole discretion; provided that we will continue to make the Service available to you until the end of the last period for which you have paid.  Termination will not limit any of our rights or remedies under this Agreement, at law or in equity.
  6. Privacy Matters.
    • Acceptance of Privacy Policy. All information we collect in connection with the Service is subject to our Privacy Policy (available here: https://lifeapps.io/life-mobile-apps-privacy-policy/) (our “Privacy Policy”).  By accessing and using the Service, or by clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy.  If you do not want to agree to our Privacy Policy, you must not provide us with any personal information.
    • Important Privacy Disclosures: Personal Wellness Coach and Coaching Program.
      • If as part of the Service you are offered personalized coaching and guidance through access to a personal wellness coach (a “Wellness Coach”) in a one-on-one coaching program (the “1:1 Coaching Program”), the following additional privacy disclosures apply to you: Your Wellness Coach will need access to information about you stored in the Application for you to participate in the 1:1 Coaching Program. This includes both information that you enter into the Application, such as your activity, food, sleep, mindfulness, and fasting duration, and information that you provide using linked devices or through third parties (see the “Information we collect about you” section of our Privacy Policy for more details). You may also choose to share additional information about yourself directly with the Wellness Coach when communicating with the Wellness Coach as part of the 1:1 Coaching Program.  By participating in the 1:1 Coaching Program, you are agreeing to share and directing us to share such information, including in personally-identifiable form, with your Wellness Coach for purposes of coaching under the 1:1 Coaching Program.  The Wellness Coach will be given access to this information in a manner similar to how you can view your own information in the Application. However, if you cancel your subscription to the Service or otherwise withdraw from the 1:1 Coaching Program by notifying us in the manner described in this Agreement or in the Application, then your Wellness Coach will no longer have access to the information.
      • In addition, information about you relevant to your participation in the 1:1 Coaching Program will be stored in aggregate and de-identified form along with similar information about other program participants (see the “Use and disclosure of de-identified information” section of our Privacy Policy for more details). We will use this aggregate and de-identified information to analyze and present to others about the usage, results and success of the 1:1 Coaching Program and the Service.
  1. Important Information and Disclaimers.
    • Consult Your Doctor Before Using. Use of the Service is voluntary and at your own risk.  Consult your doctor before using the Service or changing your diet, exercise regimen, or behavior.  If you experience any medical emergency while using the Service, immediately stop using the Service and consult a medical professional.
    • No Use for Medical Diagnosis, Treatment or Prevention. The Service is not medical or therapeutic advice and it is not intended to diagnose, treat, cure or prevent any disease or condition, nor is it a substitute for any professional medical or therapeutic advice, diagnosis or treatment. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Service for diagnosing or treating any medical condition.  Because the Service is not medical or therapeutic advice, it has not been developed or provided in accordance with quality standards that may be necessary for materials intended for use in medical or therapeutic applications or settings.  We have not sought or received any rulings from the U.S. Food and Drug Administration as to the safety or effectiveness of the Service Contents (as defined below) for medical or therapeutic purposes.  We have not sought or received any other licensure, approval or certification in connection with the Service Contents that may be granted by governmental bodies under applicable law.  Users of the Service proposing to evaluate or use the Service Contents for a medical or therapeutic purpose should rely upon qualified, licensed medical or therapy providers before doing so.  The information presented on the Service is made available solely for general information purposes and does not constitute, and is not intended to be, a comprehensive review of any condition or body system. The information presented on the Service should not be used as a substitute for, or a replacement of, clinical or therapeutic decision making by a licensed provider.  We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents. We do not offer, and the Service does not constitute, medical, therapeutic or healthcare services or advice. Use of the Service does not create a physician-patient, therapist-patient or any other licensed professional-client relationship. We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
    • Interactions with Other Users. We are not responsible for (and will not be liable for) interactions between and among users of the Service.  We are not a party to any relationship or contract between any users that have elected to use the Service.  All such dealings are solely between the applicable users.  We will not be responsible for in any way intervening in, mediating or resolving any dispute between users.  IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE ALL LIFEOMIC PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

  • Disclaimer of Warranties. THE SERVICE, ITS CONTENT, THE TOOLS, DEVICES AND MATERIALS PROVIDED WITH ANY STARTER KIT PROVIDED TO YOU IN CONNECTION WITH THE SERVICE, ANY SUGGESTIONS, GUIDANCE OR RECOMMENDATIONS PROVIDED TO YOU IN CONNECTION WITH THE SERVICE, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE (COLLECTIVELY, THE “SERVICE CONTENTS”) ARE IN EACH CASE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE CONTENTS.  WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICE CONTENTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT DELAY OR INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS OR OWNERS (COLLECTIVELY, INCLUDING US, THE “LIFEOMIC PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, ARISING OUT OF THIS AGREEMENT OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES CONTENT, HOWEVER CAUSED; (b) IN NO EVENT SHALL THE LIFEOMIC PARTIES’ COLLECTIVE, TOTAL LIABILITY TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT DAMAGES) ARISING OUT OF THIS AGREEMENT OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES CONTENT, HOWEVER CAUSED, EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM; AND (c) THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Indemnification. You agree to defend, indemnify and hold harmless the LifeOmic Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement.
  2. Miscellaneous.
    • Governing Law and Venue for Disputes. All matters relating to the Service and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the federal courts of the United States located in Indianapolis, Indiana, or the courts of the State of Indiana located in Indianapolis, Indiana, except that we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    • Waiver and Severability. No waiver by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
    • Entire Agreement. The Agreement, Terms of Use, Privacy Policy and the other documents referenced therein constitute the sole and entire agreement between you and LifeOmic Holdings LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
    • Your Comments and Concerns. This Service is offered by LifeOmic Holdings LLC, 351 W. 10th , Indianapolis, IN 46202. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: info@lifeomic.com