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Privacy Policy · Terms & Conditions · GDPR Commitment
Friends4Life Privacy Policy: Last Updated May 2019 Thank you for visiting the Friends4Life™ website (the “Site”). The Site is an Internet property of Compass Alliance, LLC. (“Friends4Life™,” “we” or “us”). This Friends4Life™ Privacy Policy (“Privacy Policy”) sets out how we use, share and protect Personal Information (as hereinafter defined) and other information that we collect when you: (a) access or use the Site (b) register to become a Member and/or (c) use the Friends4Life™ Offerings including, without limitation, the Services and/or Promotions. Capitalized terms not defined herein shall have the meaning set forth in the Friends4Life™ Website Terms and Conditions (“Terms and Conditions”). Except where noted, statements in this Privacy Policy with respect to the Site and Friends4Life Offerings also apply to Friends4Life mobile device applications (“Apps”) for iPhone, iPad and Android devices. YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE AND/OR FRIENDS4LIFE™ OFFERINGS. We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Friends4Life, Inc., 821 Broadway (5th FL), New York, NY 10003. To review Friends4Life’s GDPR Commitment, click the link here. 1. Information We Collect We collect three basic types of information and data: Personal Information, non-Personal Information, and aggregate data. 2. Personal Information Collected For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual. We collect Personal Information from end-users primarily in three (3) ways: (1) when you register to become a Member on the Site (2) when you access the Site and provide information in connection with your use of the Friends4Life™ Offerings and (3) when you register to become a Member, or otherwise utilize certain aspects of the Friends4Life™ Offerings, through and/or in connection with an account that you already have with certain third-party social media websites (“Social Media Websites”), such as Facebook® and Twitter®. In addition, when you access and/or use the Site and/or Friends4Life™ Offerings, we may collect certain usage data, such as: (a) the number of times that you visit the Site (b) the specific Friends4Life™ Offerings accessed, as well as the frequency and duration of use associated with them and (c) other analyses and data associated with your access to, and use of, the Site and/or Friends4Life™ Offerings (collectively, “Usage Data”). We also may collect information and responses you provide when participating in activities on the Site, which may include activity postings, survey responses, assessment responses and any other data you generate in using the Site and/or Friends4Life™ Offerings (“User Responses”). 3. Site Registration The Personal Information that you must supply on the Site in order to obtain access to the Friends4Life™ Offerings may include, without limitation: (a) your full name (b) your e-mail address (c) your telephone number (d) your date of birth (e) your home address (f) your user name and password (g) a unique I.D. you receive from a third party, any and all other information requested on the applicable registration form (collectively, “Site Registration Data”). 4. Social Media Website Registration/Use The Personal Information that you make available to Friends4Life™ when you register via your Facebook® account, or utilize certain Friends4Life™ Offerings in connection with your Facebook® account, may include, without limitation, depending on the privacy settings associated with your Facebook® account: (a) all or some of the information that comprises Site Registration Data as set forth above (b) your Facebook® ID (c) your Facebook® profile name (d) your Facebook® profile picture (e) your education history (as included in your Facebook® account) (f) your interests (as included in your Facebook® account) (g) the Facebook® photographs included in your Facebook® account (h) gender and (i) any and all other information made available to Friends4Life™ by and through your Facebook® account (collectively, “Facebook® Registration Data”). The Personal Information that you make available to Friends4Life™ when you register via your Twitter® account, or utilize certain Friends4Life™ Offerings in connection with your Twitter® account, may include, without limitation, depending on the privacy settings associated with your Twitter® account: (i) your Twitter® user ID (ii) your Twitter® profile name (iii) your Twitter® avatar and (iv) any and all other information made available to Friends4Life™ by and through your Twitter® account (collectively, “Twitter® Registration Data” and, together with the Site Registration Data and Facebook® Registration Data, the “Registration Data”). For purposes of this Privacy Policy, “Facebook” shall mean Facebook Inc. and “Twitter” shall mean Twitter, Inc. Facebook® is a registered trademark of Facebook Inc. Twitter® is a registered trademark of Twitter, Inc. Please be advised that Friends4Life™ is not in any way affiliated with Facebook or Twitter, and the Friends4Life™ Offerings are neither endorsed, nor sponsored, by Facebook or Twitter. 5. Use of Personal Information We may use your Usage Data, and share it with third parties: (a) to assist us and such third parties in studying, evaluating and improving the Site and Friends4Life™ Offerings (b) determine your preferences and tailor the Site and Friends4Life™ Offerings to your needs and (c) so that we can promote the Site and Friends4Life™ Offerings to third parties (using Usage Data on an aggregate and anonymous basis in that instance). Other than in connection with the limited use of Usage Data and Personal Information as specified above, Friends4Life™ will never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. When you register as a Member, we use the Personal Information that you make available to personalize your experience with the Site, facilitate the delivery of the applicable Friends4Life™ Offerings to you and for verification purposes. You also agree that we may contact you at any time with updates and any other information that we may deem appropriate for you to receive in connection with your continued use of the Site and Friends4Life™ Offerings, and to keep you informed of our other products and services. In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference. If you elect to participate in our coaching program, the coach will be permitted to access your user data, including friendship, situation, recommendation and loneliness statistics, character strength assessment results, user posts and comments (public and private). By participating in the coaching program, you are consenting to the disclosure of this information to any coach with whom you are working. The coach is under a duty to maintain the confidentiality of this information and any other Personal Information you share with the coach, and the coach may not disclose this information to anyone else unless under a legal requirement to do so. The Personal Information that you submit to Friends4Life™ remains your property, but by making the Personal Information available to Friends4Life™, you grant Friends4Life™ the right, subject to applicable state and federal law, to use that Personal Information to bring you certain promotional offers from Friends4Life™ and its third party partners that Friends4Life™ believes may be of interest to you. If you wish to stop receiving future communications from us, please see the section below entitled “Managing Your Settings.” We may permit our third-party agents, service providers, vendors and subcontractors (such as vendors and suppliers that provide us with technology, services, advertising and marketing assistance or content in connection with our operation and maintenance of the Site and Friends4Life™ Offerings) to access Usage Data, but they are only permitted to do so in connection with performing services for us or to operate the Site and Friends4Life™ Offerings. Third parties are not authorized to use your Personal Information for their own benefit. In addition, we may use, or permit third-party research partners to use, User Responses for research or data analysis purposes. We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the Site and Friends4Life™ Offerings, and to determine your preferences so that we can tailor the Site and Friends4Life™ Offerings to your needs. Information that we collect about you also may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, situational factors, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the Site, to our current or prospective advertisers and other business and research partners. We reserve the right to release current or past Personal Information: (i) in the event that we believe that the Site and/or Friends4Life™ Offerings is/are being or has/have been used in violation of the Terms and Conditions or to commit unlawful acts (ii) if the information is subpoenaed provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena or (iii) if Friends4Life™ is sold, merged or acquired provided, however, that if Friends4Life™ is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information. 6. Interactive Services/Social Media Websites If you post a Comment, Activity Post or otherwise provide Personal Information by and through the Interactive Services, the Site and/or any applicable Social Media Website, you should be aware that any Personal Information that you submit using such forums can be read, collected or used by other users of these forums (depending on your privacy settings, in the case of Social Media Websites), and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the Personal Information that you choose to submit in these forums. If you mistakenly post Personal Information in our public forums and would like it removed, you can send us an email to support@Friends4Life.com to request that we remove it. In some cases, we may not be able to remove such Personal Information. The Social Media Websites operate independently from Friends4Life™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings on the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies. Further, by submitting Comments, Activity Posts and/or other material via the Interactive Services, the Site, the Services and/or Social Media Websites, you: (a) represent and warrant that Friends4Life™’s use of your submission does not and will not breach any agreement, violate any law, violate any Social Media Website’s terms of service or infringe upon any third party’s rights (b) agree that Friends4Life™ is free to use in any manner all or part of the Comments, Activity Posts and/or other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else and (c) grant Friends4Life™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Comments, Activity Posts and/or other material, in whole or in part, or as a derivative work, without any duty by Friends4Life™ to anyone whatsoever. 7. Non-Personal Information Collection and Use We may collect certain non-personally identifiable information about you when you visit the Site, even if you are not a Member. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services. 8. How we may use cookies and other tracking technologies When providing our Services we may use the following types of cookies and tracking technologies for the purposes set out below. Cookies and local storage may be set and accessed on your computer. Upon your first visit to the Services, a cookie or local storage may be sent to your computer that uniquely identifies your browser. “Cookies” and local storage are small files containing a string of characters that is sent to your computer’s browser and stored on your device when you visit a website. Many major Web services use cookies to provide useful features for their users. Each Web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent however, if you reject cookies, you may not be able to sign in to the Services or take full advantage of our Services. Additionally, if you clear all cookies on your browser at any point after setting your browser to refuse all cookies or indicate when a cookie is being sent, you will have to again reset your browser to refuse all cookies or indicate when a cookie is being sent. To support our Services we may use one or more of the following cookies for the purposes set forth below: Type of Cookie Purpose Analytics and Performance Cookies These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here:https://developers.google.com/analytics/resources/concepts/gaConceptsCookies. You can find out more about how Google protects your data here: http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB Essential Cookies These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for might not be able to be be provided, and we only use these cookies to provide you with those services. Functionality Cookies These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services. Social Media Cookies These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this. You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at http://www.allaboutcookies.org/ and http://www.youronlinechoices.com/uk. We may also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears the URL of the page on which the pixel tag appears the time (and length of time) the page containing the pixel tag was viewed the type of browser that retrieved the pixel tag and the identification number of any cookie previously placed by that server on your computer. We may use pixel tags, either provided by us or by our third party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes. 9. Location Information When you use the Site, Friends4Life™ Offerings, the Services, or Promotions, we may collect location information either provided by a mobile device interacting with our Site or one of our applications, or associated with your IP address, where we are permitted by law to process this information. 10. Aggregate Data Friends4Life™ reserves the right to transfer and/or sell aggregate or group data about Friends4Life™ users (including Usage Data where same is not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Friends4Life™ users as a group, without disclosing personally identifiable information. 11. Mobile Devices One or more of our Apps may require that you be registered and signed in in order to use them. The information that we collect through your use of our Apps and tools will be treated as Personal Information under this Privacy Policy. When you download and install one of our mobile Apps onto your mobile device we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. We use this random number in a manner similar to our use of Cookies as described in this Privacy Policy. Unlike Cookies, the random number is assigned to your installation of the App itself and not a browser, because the App does not work through your browser. Therefore the random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use Cookies, please do not use our mobile device Apps. Because some of the content on our mobile device Apps directs your mobile device to our website you will be exposed to the Cookies that we use and to third party Cookies that may be contained in advertisements that we do not control and will be unable to delete any of these Cookies with your mobile device. Therefore, if you do not want to be exposed to Cookies when you use your mobile device you should not use our mobile device Apps and you should set your mobile device to reject Cookies when you use our mobile optimized sites. Our use of Cookies and Web Beacons on our mobile optimized sites are similar to our use on our desktop sites. Your choices to reject Cookies are available on our mobile optimized site. If you have questions about how to reject Cookies on your specific device please check with the device manufacturer. 12. Third-Party Websites This Site may contain links to third-party owned and/or operated websites. Friends4Life™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Friends4Life™ has no responsibility or liability relating to them. 13. Security We endeavor to safeguard and protect our Members’ Personal Information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). The privacy of your Personal Information is very important to us. When our registration process asks users to submit sensitive Personal Information (if any), and when we transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. Access to your Personal Information is strictly limited, and we take reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk. All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws or other laws applicable to persons using our Offerings in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures. 14. Information from users outside the U.S.A. and consent to transfer information The Services are operated in the United States of America. If you are located in another jurisdiction, please be aware that information you provide to us may be transferred to, stored and processed in the U.S.A. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. 15. Managing Your Settings Even after consenting to the Privacy Policy and Terms and Conditions, you may opt out of receiving e-mail advertising from us by sending us an e-mail at support@Friends4Life.com and asking us not to send you e-mail advertising. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Friends4Life™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Friends4Life™ Offerings-related and inquiry response-related messages from Friends4Life™, you must cease requesting and/or utilizing the Friends4Life™ Offerings and cease submitting inquiries to Friends4Life™, as applicable. 16. Identifying, Deleting and Updating Your Information At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update, correct, modify or delete Personal Information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at support@Friends4Life.com provided, however, that we ask individual Members to identify themselves and the information requested to be accessed or updated before processing such requests. We will comply with your request as soon as reasonably practicable. However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Services, to assist with investigations, or to enforce our terms and conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law. 17. Children Friends4Life™ is committed to children’s privacy. Friends4Life™ does not knowingly permit any person less than 13 years of age to register directly for the Friends4Life™ Offerings. If Friends4Life™ learns that Personal Information of persons under 13 years of age has been collected on the Site or through the Services without parental consent, then Friends4Life™ will take appropriate steps to delete the information. If you are a parent or guardian and discover that your child under the age of 13 has a registered account with the Site without your consent, please alert Friends4Life™ at support@Friends4Life.com and request that Friends4Life™ delete the child’s Personal Information from its systems. 18. Changes to this Privacy Policy Friends4Life™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Friends4Life™ will notify Members by: (a) sending the modified policy to our Members via email and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use. 19. Contact Us If you have any questions or comments about this Privacy Policy, please e-mail us at support@Friends4Life.com, or send a letter to: Compass Alliance, LLC, 700 E. Ocean Blvd #2604 Long Beach, CA 90802.
Friends4Life™ Website Terms and Conditions Friends4Life, Inc. (“Friends4Life™,” “we” or “us”) thanks you for visiting our website (the “Site”). The following Friends4Life™ Website Terms and Conditions (the “Terms and Conditions”) apply in their entirety when you: (a) access or use the Site (b) register as a Friends4Life™ member (“Member”) at the Site, which provides you with access to some or all of the Site’s activities, content, products, services, surveys and tests (collectively, the “Friends4Life™ Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the Friends4Life™ Services, the “Services”) or (c) register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the “Promotions”). The Friends4Life™ Website Privacy Policy (“Privacy Policy”), the Friends4Life™ Non-Disclosure and Confidentiality Agreement, other Friends4Life™ operating rules, policies, price schedules (if any), Promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES, CONTENT (AS THAT TERM IS DEFINED BELOW), PROMOTIONS OR SITE IN ANY MANNER OR FORM WHATSOEVER. The Content appearing on the Site is provided for informational purposes only. Much of the Content, as well as the Member Content (as defined below), appearing on the Site is provided by third-parties. Friends4Life™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the Site and/or Services. Under our Privacy Policy, we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Compass Alliance, LLC., 700 E. Ocean Blvd, #2604, Long Beach, CA 90802. 1. Scope/Modification of Agreement You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same(collectively, “Friends4Life™ Offerings”). The Agreement constitutes the entire and only agreement between you and Friends4Life™ with respect to your use of the Friends4Life™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Friends4Life™ Offerings. Friends4Life™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the Friends4Life™ Offerings, in whole or in part, at any time provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Friends4Life™ Offerings. By your continued use of the Friends4Life™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that Friends4Life™ is not responsible or liable in any manner whatsoever for your inability to use the Friends4Life™ Offerings. 2. No Medical or Psychiatric Advice or Therapy FRIENDS4LIFE™ IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION PROVIDER OR FORUM, AND WE DO NOT ENGAGE IN PATIENT DIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT AND MEMBER CONTENT PRESENTED BY AND THROUGH THE SITE AND/OR SERVICES IS IN NO WAY INTENDED AS MEDICAL AND/OR PSYCHIATRIC ADVICE OR THERAPY, AND IS NOT PROVIDED FOR THE PURPOSE OF DIAGNOSING OR TREATING MEDICAL AND/OR PSYCHIATRIC PROBLEMS OR CONDITIONS, NOR IS IT A SUBSTITUTE FOR MEDICAL AND/OR PSYCHIATRIC TREATMENT AND/OR THERAPY. THE SITE AND SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. USE OF THE SITE AND/OR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. ACCORDINGLY, WHILE COMMUNICATIONS BETWEEN YOU AND FRIENDS4LIFE™ ARE COVERED BY OUR PRIVACY POLICY, THEY ARE NOT PROTECTED BY PHYSICIAN-PATIENT PRIVILEGE OR DOCTOR-PATIENT CONFIDENTIALITY. ALL CONTENT AND MEMBER CONTENT THAT IS MADE AVAILABLE BY AND THROUGH THE SITE AND/OR SERVICES SHOULD BE DISCUSSED AND CONFIRMED WITH YOUR PHYSICIAN, PSYCHIATRIST, THERAPIST OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTING ANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ON THE SITE, THROUGH THE SERVICES OR OTHERWISE. USE OF THE SITE, SERVICES, CONTENT AND MEMBER CONTENT FEATURED THEREIN, IS AT YOUR OWN RISK. INFORMATION AND STATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE AND/OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR PSYCHOLOGICAL DISORDER. 3. Requirements The Friends4Life™ Offerings are not available to: (A) any users previously suspended or removed from the Site or Services OR (B) ANY PERSONS UNDER THE AGE OF 18. 4. Registration/Account/Fees/Billing Initially, visitors to the Site may be offered a proprietary Friends4Life™ “Assessment or “Recommendation”.” Upon completion, Friends4Life™ may invite the visitor to register on the Site to become a Member. Visitors also may register for membership or become members (1) by and through their Facebook™ account or Twitter™ accounts, or (3) through any other means designated by Friends4Life™. Friends4Life™ reserves the right, in its sole discretion, to deny membership, as well as any Friends4Life™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the Friends4Life™ Offerings as a Member may include, without limitation, depending on the method used by you to register: full name e-mail address date of birth home address telephone number user name and password where you register via your Facebook™ account, your: Facebook™ ID Facebook™ profile name Facebook™ profile picture education history (as included in your Facebook™ account) interests (as included in your Facebook™ account) Facebook™ photographs included in your Facebook™ account and any and all other information made available to Friends4Life™ by and through your Facebook™ account where you register via your Twitter™ account, your: Twitter™ user ID Twitter™ profile name Twitter™ avatar and any and all other information made available to Friends4Life™ by and through your Twitter™ account and any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up-to-date and accurate fashion. Friends4Life™ will verify and approve all registrants in accordance with its standard verification procedures. You can access your specific Member account on the Site using your user name and password or logging in via your Facebook™ account and/or Twitter account, as applicable and where authorized by Friends4Life™. You are responsible for maintaining the confidentiality of your Member account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, user name and password. If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify Friends4Life™ of the problem to avoid possible liability for any unauthorized charges to your account. To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the “Subscription Fees”). When you subscribe for Services requiring a payment, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below. We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability. Friends4Life™ agrees that it will terminate any paid or unpaid subscription to Services upon notice from the Member. A Member’s right to use the Site is subject to any limits established by Friends4Life™ or by the Member’s credit card issuer. If payment cannot be charged to a Member’s credit card or a Member’s charge is returned for any reason, including chargeback, Friends4Life™ reserves the right to either suspend or terminate the Member’s access and account, thereby terminating this Agreement and all obligations of Friends4Life™ hereunder. Friends4Life™ may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where Friends4Life™ believes that you are in any way in breach of the Agreement and where Friends4Life™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services. For purposes of the Agreement, “Facebook” shall mean Facebook Inc. and “Twitter” shall mean Twitter, Inc. Facebook™ is a registered trademark of Facebook Inc. Twitter™ is a registered trademark of Twitter, Inc. Please be advised that Friends4Life™ is not in any way affiliated with Facebook or Twitter, and the Friends4Life™ Offerings are neither endorsed, nor sponsored, by Facebook or Twitter.. 5. Payment Policy Access to some sections of the Friends4Life™ website or through certain Friends4Life programs is free, but we charge for some of our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a Friends4Life™ subscription plan to access Friends4Life™ either online or through a mobile application. (a) Overview of Subscription Plans and Payments We offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. We may from time to time, at our discretion, offer a 30-day trial period for the yearly and two-year subscription plans, and if you sign up under that offer, you will not be billed for the full term until the end of the 30-day trial period. After the end of any trial period, our mobile and online subscription plans are billed in one up-front payment for the entire term of the plan you choose. Thus, if you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month and if you purchase a yearly plan or two-year plan, you will be charged for the entire year or two-year term at the beginning of the term. You will also be able to cancel the yearly or two-year subscription within 30 days after the fee has been charged to your account, in accordance with our cancellation terms. We may use a third-party payment processor to facilitate your payments. (b) Refund Policy Friends4Life™ offers a 30-day, 100% money-back guarantee for subscriptions made online at Friends4Life.com for the yearly and two-year plans. The monthly plan is excluded from this offer as are subscriptions for mobile applications. You may receive a refund by contacting our Customer Service team within 30 days of your purchase. Requests made after 30 days will not be eligible. We do not prorate refunds or offer partial refunds except in an instance where we have terminated your membership for any reason other than your breach of our terms. Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final, and are not eligible for a refund. These purchases are subject to Apple’s terms and payment policy, and Apple’s policy may exclude refunds as well. Purchases of subscriptions made through the Google Play Store or our Android applications are final, and are not eligible for a refund. These purchases are subject to Google Play’s terms and payment policy, and Google Play’s policy may exclude refunds as well. (c) Renewals All Friends4Life™ subscriptions made online at Friends4Life.com, except gift purchases, renew automatically using the payment details on file for your account. If you purchase a subscription with the automatic renewal feature, you agree that we are authorized to use the payment information on file to charge the renewal fee. The date of automatic renewal of your subscription is shown on your Membership page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Membership page or by contacting our Customer Service team. Additionally, for annual and two-year subscriptions, we will refund renewal payments in full if you contact our Customer Service team within 7 days after the renewal payment is made. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account. If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Membership page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal. (d) Price Increases Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal. (e) Payment Information By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase. If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your Friends4Life™ Services. 6. Description of the Content Subject to the terms and conditions of the Agreement, end-users who possess the requisite technology and register as Members shall have the opportunity to view all or some of the quizzes, puzzles, questionnaires, tests, challenges and activities (collectively, “Activities”), as well as the media, text, images, graphics, analyses, research, comments, opinions, recommendations, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by Friends4Life™, as well as Members, and other third-party content providers (“Third-Party Providers”). Friends4Life™ does not control the Content provided by Members and/or Third-Party Providers that is made available by and through the Services and/or Site. Such Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Friends4Life™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that Friends4Life™ will not be responsible for, and Friends4Life™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that Friends4Life™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense, and safety when using the Friends4Life™ Offerings. If you would like to register a complaint, notify Friends4Life™ of a dispute, notify Friends4Life™ of any improper use of your Content or other information or notify Friends4Life™ of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at support@Friends4Life.com. 7. Description of the Friends4Life™ Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 8 and 9 below, Members shall have access to the Friends4Life™ Services. The Friends4Life™ Services include a series of proprietary Friends4Life™ Activities, challenges and other Content that are designed to empower Members to increase their amount and level of friendships employing a broad range of skills. After a Member completes certain Activities, or attains a certain score in connection therewith, he/she may: (a) write a brief description of their experience, attach a photograph depicting some relevant aspect of the applicable Activity (the description and photograph, collectively, the “Activity Post”) and, at the Member’s request, publish the Activity Post on the Site and make it viewable by either a chosen group of Members, or all Members (b) publish their Activity Post and related information through their Facebook™ account (which shall be viewable on Facebook™ by those individuals permitted by the Member’s Facebook™ account settings) and/or Twitter™ account (which shall be viewable on Twitter™ by those individuals permitted by the Member’s Twitter™ account settings) and (c) gain access to more advanced Activities that require completion of certain early stage Activities in order to access. Please note, as disclosed in connection with certain “group” Activities, where a Member engages in a group activity, that Member’s participation may be published on the Site, to be viewable by all Members. Members are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Activity Posts, and/or advertising third party products and/or services within the Friends4Life™ Services. Friends4Life™ reserves the right to prohibit any conduct by Members or remove any Activity Post from the Friends4Life™ Services and/or Site at any time and for any reason, in Friends4Life™’s sole discretion. The reasons for removal may include where Friends4Life™ believes that the Activity Post is unsuitable for the Friends4Life™ Services and/or Site for any reason including, without limitation: (i) that the Activity Post violates Sections 8 and/or 9 below and/or (ii) where Friends4Life™ believes the Activity Post, or the applicable Member, is otherwise in violation of the Agreement. You understand and agree that Friends4Life™ shall not be liable to you, any end-users or any third party for any claim in connection with your use of, or inability to use, the Friends4Life™ Services. 8. Description of the Interactive Services Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 9 and 10 below, Members shall have access to the Interactive Services. The Interactive Services allow Members to communicate with other Members via comments sections and other interactive areas of the Site, as well as via applications and other features that may be made available by Friends4Life™ on third-party social media venues such as Facebook™ from time to time. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (“Comments”) posted by and through the Interactive Services. Members are forbidden from posting Links in any Comments, and/or advertising third party products and/or services within the Interactive Services. Friends4Life™ reserves the right to prohibit any conduct by Members or remove any Comments from the Interactive Services and/or Site at any time and for any reason, in Friends4Life™’s sole discretion. The reasons for removal may include where Friends4Life™ believes that the Comments posted by a Member are unsuitable for the Interactive Services and/or Site for any reason including, without limitation: (a) that the Comments violate Sections 9 and/or 10 below and/or (b) where Friends4Life™ believes the Comments, or the applicable Member, is otherwise in violation of the Agreement. You understand and agree that Friends4Life™ shall not be liable to you, any end-users or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. 9. Member Interactions/Comments/Activity Posts As part of your use of the Site and Services, you may upload, post, distribute or disseminate, or send to us Member Content, including but not limited to, photographs, images you have taken, captions and comments, which we, at our discretion, may post on the Site. You hereby grant Friends4Life™ an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Member Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that Friends4Life™ has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Member Content, regardless of the medium, technology, or form in which it is used. For example, Friends4Life™ may use the Member Content to promote the Site and Services as part of a book, screen option, demonstration or brochure. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Member Content. You are responsible for your own postings and are responsible for the consequences of your postings. You are solely responsible for your interactions with other Site-users including, but not limited to, Members and Third-Party Providers. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-0users, Members and/or Third-Party Providers, you hereby release Friends4Life™ including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and 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. Friends4Life™ reserves the right, but has no obligation, to monitor disputes between you and other Site users, Members and/or Third-Party Providers. The Services contain Comments and Activity Posts (collectively, “Member Content”) that is provided directly by Members. Those Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Member Content. Friends4Life™ does not represent or warrant that the Member Content posted by and through the Services and/or Site is accurate, complete or appropriate. You may find certain Member Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services and/or Site. You understand and agree that Friends4Life™ shall not be liable to you, any end users or any third party for any claim in connection with any Member Content. Friends4Life™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials. 10. Member Content Terms of Use and Restrictions As a Member, you agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Site and/or Services. You agree to use the Site and/or Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Site and/or Services, you agree not to: (a) display any telephone numbers, street addresses, URLs, e-mail addresses or confidential information of any third party (b) display any audio files, text, photographs, videos or other images containing confidential information (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law (d) impersonate any person or entity (e) “stalk” or otherwise harass any person (f) engage in any unauthorized advertising or commercial solicitation of third parties (g) transmit any chain letters, spam or junk e-mail (h) express or imply that any statements that you make are endorsed by Friends4Life™, without our specific prior written consent (i) harvest or collect personal information of other Members or other persons whether or not for commercial purposes, without their express consent (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents (k) post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights (l) remove any copyright, trademark or other proprietary rights notices contained on the Site (m) interfere with or disrupt any of the Services, Site and/or the servers or networks connected to same (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet (p) “frame” or “mirror” any part of the Site, without our prior written authorization (q) use metatags, code or other devices containing any reference to Friends4Life™, the Services and/or the Site in order to direct any person to any other website for any purpose and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services and/or Site or any software used on or for the Services and/or Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Friends4Life™. Friends4Life™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. 11. Requirements As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Friends4Life™ Offerings and certain third-party Member Content in accordance with the Agreement. Friends4Life™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Friends4Life™, you may only use the Friends4Life™ Offerings and third-party Member Content for your own personal use. No part of the Friends4Life™ Offerings or third-party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile , disassemble, reverse engineer or transfer the Friends4Life™ Offerings, third-party Member Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Friends4Life™ Offerings and/or third-party Member Content. You may not use the Friends4Life™ Offerings and/or third-party Member Content in conjunction with any other third-party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Friends4Life™ Offerings and/or third-party Member Content for any commercial purposes not expressly permitted by Friends4Life™. You further agree to indemnify and hold harmless Friends4Life™ for your failure to comply with this Section 11. Friends4Life™ reserves any rights not explicitly granted in the Agreement. YOU AGREE THAT FRIENDS4LIFE™, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND FRIENDS4LIFE™ OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF FRIENDS4LIFE™ BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. FRIENDS4LIFE™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND FRIENDS4LIFE™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND FRIENDS4LIFE™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT FRIENDS4LIFE™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR FRIENDS4LIFE™ OFFERINGS. FURTHER, YOU AGREE THAT FRIENDS4LIFE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE FRIENDS4LIFE™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND FRIENDS4LIFE™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND FRIENDS4LIFE™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO FRIENDS4LIFE™. 12. Proprietary Rights All third-party Member Content and other material posted or made available by and through the Friends4Life™ Offerings including, but not limited to, the design, selection, arrangement and coordination of such Friends4Life™ Offerings, is owned by, or licensed to, Friends4Life™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Friends4Life™ Offerings and/or third-party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Friends4Life™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Friends4Life™ Offerings, third-party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Friends4Life™ Offerings by Friends4Life™, any Member or any Third-Party Provider does not constitute a waiver of any right in or to such information and materials. Friends4Life™ reserves all rights not expressly granted in the Agreement. The “Friends4Life™” name and logo are trademarks of Friends4Life™. All custom graphics, icons and service names are trademarks and/or copyrights of Friends4Life™. All other trademarks are the property of their respective owners. The use of any Friends4Life™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Friends4Life™’s express written consent is strictly prohibited. 13. Bypassing or Disabling any Portion of the Friends4Life™ Offerings or Software You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Friends4Life™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Friends4Life™ Offerings infrastructure. If you bypass or disable any portion of the Friends4Life™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Friends4Life™ systems, you are in violation of the Agreement and Friends4Life™ may suspend or terminate your use of the Friends4Life™ Offerings without notice. Termination of your access to the Friends4Life™ Offerings will not excuse you from any criminal or other civil liability that may result from your actions. 14. Indemnification You agree to indemnify and hold Friends4Life™, Compass Alliance, LLC, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your use of any of the Friends4Life™ Offerings (b) your breach of the Agreement (c) your violation of any rights of another individual and/or entity (d) any dispute between you and any Member, Third-Party Provider or other third-party (e) your Member Content and (f) any dispute between you and Facebook™ and/or Twitter™. The provisions of this Section 17 are for the benefit of Friends4Life™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 15. Disclaimer of Warranties THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FRIENDS4LIFE™ MAKES NO WARRANTY THAT THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED (C) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT (E) WILL RESULT IN ANY SPECIFIC FRIENDSHIP, LONELINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FRIENDS4LIFE™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDS4LIFE™, ANY MEMBERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE FRIENDS4LIFE™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 16. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRIENDS4LIFE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRIENDS4LIFE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRIENDS4LIFE™ ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR: (A) THE USE OR THE INABILITY TO USE THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE FRIENDS4LIFE™ OFFERINGS AND/OR MEMBER CONTENT (C) THE FAILURE TO REALIZE ANY SPECIFIC FRIENDSHIP, LONELINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME AND (D) ANY OTHER MATTER RELATING TO THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FRIENDS4LIFE™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FRIENDS4LIFE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR FRIENDS4LIFE™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FRIENDS4LIFE™. ACCESS TO THE FRIENDS4LIFE™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER FRIENDS4LIFE™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS FRIENDS4LIFE™’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 17. Third-Party Websites The Friends4Life™ Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Third-Party Providers. In some instances, these websites may be co-branded and the third parties are entitled to use Friends4Life™’s name and logo on their third-party websites. Friends4Life™ does not control the information, products or services available on these third-party websites. The inclusion of co-branding and/or links does not imply endorsement by Friends4Life™ of the applicable website or any association with the website’s operators. Because Friends4Life™ has no control over such websites and resources, you agree that Friends4Life™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third-Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third-Party Provider, advertiser or other third-party, as applicable. You further agree that Friends4Life™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions. 18. Member Information Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with this Site and/or the Friends4Life™ Offerings including, without limitation, the Member Content, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here. By submitting such Member Content and/or materials to us, you, subject to the Privacy Policy: (a) represent and warrant that Friends4Life™’s use of your submission does not and will not breach any agreement, violate any law or infringe any third-party’s rights and is true and accurate in all respects (b) agree that Friends4Life™ is free to use, in any manner, all or part of such Member Content and/or materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else and (c) grant Friends4Life™ all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content and/or materials, in whole or in part, or as a derivative work, without any duty by Friends4Life™ to anyone whatsoever. 19. Copyright Policy/DMCA Compliance Friends4Life™ reserves the right to terminate the membership of any Member who repeatedly infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Site and/or Services in a way that constitutes copyright infringement, you should provide Friends4Life™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law (d) your name and contact information, such as telephone number or e-mail address and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Friends4Life™’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
Friends4Life, Inc 700 E. Ocean Blvd Unit 2604
Long Beach, CA 90802
20. Dispute Resolution Provisions The Agreement shall be treated as though it were executed and performed in Long Beach, CA, U.S.A. and shall be governed by and construed in accordance with the laws of the State of California, U.S.A. (without regard to conflict of law principles). Should a dispute arise concerning the Friends4Life™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in Los Angeles, CA in accordance with the then current Commercial Arbitration rules of the American Arbitration Association provided, however, that any claims, disputes, actions or proceedings by Friends4Life™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including computer fraud) may be brought in the federal courts in the City and County of Los Angeles, CA, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts. To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Friends4Life™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Friends4Life™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site. Friends4Life™ makes no claim that the Site or the Friends4Life™ Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the Friends4Life™ Offerings may not be legal by certain persons or in certain countries. If you access the Site and use the Friends4Life™ Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. 21. Miscellaneous Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Friends4Life™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder. 22. Contact Us To contact us directly with any questions or comments that you may have, send an email to support@Friends4Life.com. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the Friends4Life™ Offerings or the practices of Friends4Life™, please feel free to contact us at support@Friends4Life.com.
GDPR Commitment
1. Introduction As has been widely reported, the European Union has taken a large step in protecting the fundamental right to privacy for every EU resident with the General Data Protection Regulation (GDPR), which went into effect on 25th May 2018. EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed of. This rule clarifies how the EU personal data laws apply even beyond the borders of the EU. Any company that works with EU residents’ personal data in any manner, irrespective of location, has obligations to protect the data. At Friends4Life, we take the trust placed in us to strictly secure and protect our customers data very seriously and welcome the General Data Protection Regulation (GDPR). We believe that every business should be held accountable to the same high standards to which we hold ourselves and appreciate these new measures of accountability that we can use to improve our practices. 2. Commitment We are fully committed to GDPR and have published updates to our Privacy Policy and Terms of Service. The changes reflect the increased transparency requirements of the GDPR. As always, Friends4Life is committed to protecting our users’ privacy. That will never change. These enhancements clarify and provide additional information about: · Our users’ privacy rights and how to exercise them · How we collect, use, share and protect personal data · How we operate in our capacity as a data processor acting on our users’ behalf. We will continue to actively monitor regulatory guidance and interpretations of key GDPR requirements to make sure we stay current with all legal requirements and privacy best practices.
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