Users declare to explicitly agree to these Terms of Use when using a MyLifeWell platform or any other product or service from MyLifeWell. The Terms of Use also apply to all contracts of MyLifeWell. Users of the products and contracting parties to which these Terms of Use apply, will each be hereafter referred to as “the user”.
Use
The use of the products of MyLifeWell by a user is only allowed if these Terms of Use are agreed upon by the user. Therefore, by using one or more products of MyLifeWell, the user shall be deemed to agree with these Terms of Use. MyLifeWell, however, reserves the right to forbid the use of and/or access to its products to any user without prior notice or reason by, for example, blocking or removing profiles or by blocking IP addresses of computers in case MyLifeWell finds this appropriate, such at its own discretion.
Profiles are restricted to natural persons only. Profiles and groups can be removed without prior notice and shall have no recourse against MyLifeWell as a result thereof, including, but not limited to, with respect to lost files or information or other direct or indirect damages.
Membership Accounts
As part of our Service, we may offer membership accounts and may change the features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications. The fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.
If you sign up for a membership plan, your membership account must have a valid payment associated with it at all times. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Services, and take any other action necessary to obtain monies owed. In addition, you will be subject to late fees. We may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
If your membership plan involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card we have on record for you.
If all credit cards we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership or subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.
Membership Cancellation and Refund
If you are on a membership plan, you may cancel your membership plan by visiting your account details page and adjusting your membership settings, or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate upon the cancellation of your membership.
Objectionable Content
Content may not be submitted to the products and MyLifeWell moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Age
In order to use the products of MyLifeWell, one must be the valid minimum age in the applicable jurisdiction in order to be able to make a valid and legally binding contract for said products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with these Terms of Use or make a binding agreement with MyLifeWell in any other way. Your access to the products may be terminated without warning if MyLifeWell believes, in its sole discretion, that the foregoing has not been complied with.
Offered Information
Although the information on all MyLifeWell platforms and the information contained within its products – with the exception of the user-generated content – is made with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on the MyLifeWell platforms or the information contained within its products, whether or not originating from MyLifeWell, is completely at the user's own risk.
Not Medical Advice
The information on MyLifeWell platforms and in its products is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. MyLifeWell products and services should, for example, never be used for self-diagnosis or treatment of ailments and conditions of any person. Users should immediately consult their doctor with any medical questions, complaints and/or symptoms prior to using or continuing to use any products or services of MyLifeWell.
By accepting these Terms of Use, the user explicitly recognizes that MyLifeWell cannot be held liable for any defects and/or wrong information contained within the information offered in its products or services or on any of its platforms nor the possible damage which may occur as a result thereof.
Consult Doctor before Physical Exercise
Performing physical exercise or following a diet plan can pose health risks, including injuries and death. Users who wish to start with any form of physical exercise or a diet plan with MyLifeWell products and services must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.
Rights of Intellectual Property
By accepting these Terms of Use, the user explicitly recognizes that all designs, information, images and other content within any of MyLifeWell´s products or services are the property of MyLifeWell, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content referenced above for direct or indirect commercial purposes, unless explicitly agreed in written form with MyLifeWell.
The user agrees not to perform any acts that infringe or could reasonably infringe the rights of MyLifeWell detailed herein. To the extent that MyLifeWell agrees with any third-party to include any of its intellectual property in any product or service of MyLifeWell, the user shall have the same rights, responsibilities and restrictions with respect to such intellectual property as those with respect to the intellectual property of MyLifeWell as against the user.
MyLifeWell shall protect its users’ privacy and act in accordance with applicable United States privacy legislation and international data security standards. MyLifeWell shall not sell or otherwise share personal data of its users to third parties for marketing and sales purposes, unless in the case of prior written consent by the user(s) of the data involved.
User Information and Registration
The user declares that the information provided, in example for registration, is correct and complete and that it will update such information where possible within the products of MyLifeWell in case of changes. Any passwords should be stored carefully and may not be shared with third parties.
The user may not grant third parties access to MyLifeWell products or services via its own registered account. In case the user shares its account access information with third parties, it will be fully responsible and liable for direct and indirect damage resulting therefrom.
The user agrees that MyLifeWell saves, processes and stores all the data provided by the user, including through the use of the products.
Communication
MyLifeWell may send varying communications to users via the products, including update notifications or reminders, emails or other communications. Users can indicate in the settings to what extent they wish to receive said communications. The user agrees that MyLifeWell may approach the user for important changes or updates to the products in case deemed necessary by MyLifeWell.
Users can communicate with each other within the products, e.g. by placing comments or sending messages or discussing within groups. The user declares not to send spam or any other communications which is undesired by the receiver, being commercial or otherwise, including, but not limited to, threatening, aggressive, obscene, ignominious, offensive, privacy infringing or commercial communications. Any acts contrary to these conditions can – as with the other conditions – result in immediate denial of access and use of the products and services of MyLifeWell and termination of the user license.
MyLifeWell is at any time free to delete any user communications or other Shared Information without any prior or further notice to the user if these are regarded to be below standard or otherwise inappropriate by MyLifeWell.
For all communication and contact via the products of MyLifeWell, the following user guidelines apply:
a) Keep it always fun and positive
b) Treat other users with respect
c) Respect opinions of others, even if you do not agree with it
d) Do not place “off-topic” messages within discussions
e) Do not bother people with irrelevant matters
f) Do not advertise for any products or services
Prohibited Activities
The content and information on The Platform as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to do any of the following without our express permission:
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Platform;
use the Platform or its contents for any commercial purpose;
access the Platform with any manual or automated process for any purpose other than your personal use or for inclusion of MyLifeWell pages in a search index. Use of any automated system or software to extract data from the Platform (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep link to any portion of the Platform (including, without limitation, the purchase path for any services) for any purpose;
use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Platform, or take any action that imposes an unreasonable load on our computer or network equipment;
"frame", "mirror" or otherwise incorporate any part of the Platform into any other website without our prior written authorization;
post or distribute any material on the Platform that violates the rights of any third party or applicable law;
use the Platform to collect or store personal data about others whether through data mining or any other means;
use any feature of the Platform for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
use any data mining methods whatsoever and for any purposes whatever.
If your membership account shows signs of fraud, abuse, or suspicious activity, MyLifeWell in our sole and absolute discretion, may cancel your membership and access to the Platform, and close any associated MyLifeWell accounts. If you have conducted any fraudulent activity, MyLifeWell reserves the right to take any necessary legal action and you may be liable for monetary losses to MyLifeWell, including litigation costs and damages. To contest the cancellation of the freezing or closure of an account, please contact MyLifeWell Customer Service.
Information from Third Parties
The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or platform links (hereafter: “Information from Third Parties”).
Information from Third Parties generally is and cannot be previously checked by MyLifeWell, which means that we cannot guarantee the quality and validity thereof.
If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. MyLifeWell accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products, or services contained on or accessed through any such linked website.
Third Parties may connect to MyLifeWell via the API of MyLifeWell or obtain access to publicly available data contained within the products, including possibly personal user data that has been published on the products with the user’s permission. Besides that, Third Parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. These Terms of Use of MyLifeWell do in principle not apply to Information from Third Parties unless otherwise described therein. These Third Parties may use different general terms and conditions. MyLifeWell shall also be entitled to invoice users for any Third-Party fees, costs and expenses necessary to provide the products and services to the user, including any subsequent changes thereto.
Unlawful Information
After a report of unlawful conduct, MyLifeWell will investigate the presence of unlawful information in one or more of the products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail to info@MyLifeWell.com. This report should in any case contain the following information:
a) The URL where the alleged unlawful information can be found.
b) An explicit statement of the reporter that the material is unlawful and why.
c) In case it is a case of infringement of rights of intellectual property, the reporter needs to substantiate that he / she is the rightful owner of said rights, and to which extent the information infringes said rights.
d) In case the reporter represents someone else, an authorization that allows the reporter to act on behalf of the rightful claimant, signed by the rightful claimant.
e) The reporter’s name, e-mail address, mailing address and phone number.
Modifications to the Products
MyLifeWell explicitly reserves the right at any time to modify, stop or change all or a part thereof of one or more of its products or services, for a determined period or in perpetuity, without prior notification or after to the user, whether it concerns paid or unpaid products. This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the user. MyLifeWell cannot be held liable for any direct or indirect damage resulting thereof.
Modification of Terms of Use
MyLifeWell reserves the right to change these Terms of Use at any time. After such a modification, the modified Terms of Use will be offered for inspection immediately on MyLifeWell’s platform. By using the platform and the other products of MyLifeWell after changes to the Terms of Use, the user shall be deemed to agree to the modified Terms of Use.
No Warranty/Indemnification
USER ACKNOWLEDGES AND AGREES THAT MYLIFEWELL DOES NOT PROVIDE ANY GUARANTEE, OR WARRANTY FOR WELLNESS SERVICES OR PRODUCTS, OR FOR THE SUCCESS OF ANY SERVICE OR PRODUCT. THEREFORE, USER AGREES TO INDEMNIFY AND HOLD MYLIFEWELL HARMLESS FOR WELLNESS SERVICES AND PRODUCTS PROVIDED BY MYLIFEWELL OR ON THE MYLIFEWELL PLATFORM, OR FOR USER’S FAILURE TO ACHIEVE DESIRED WELLNESS OUTCOMES. THEREFORE, USER HEREBY AGREES TO INDEMNIFY AND HOLD MYLIFEWELL HARMLESS FOR ANY AND ALL CLAIMS OR ACTIONS WITH REGARD TO WELLNESS SERVICES OR PRODUCTS PROVIDED BY MYLIFEWELL INCLUDING ALL THOSE ON THE PLATFORM, OR FOR THE FAILURE OF THE USER TO ACHIEVE DESIRED WELLNESS OUTCOMES.
Conformity and Exclusion of Liability
The products and the content thereof are delivered by MyLifeWell as such, including potential defects. Neither MyLifeWell, nor its representatives, partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the products or services or any content thereof.
MyLifeWell cannot and does not guarantee that the products or services are available at any moment at any location, and that said availability will occur safely, or that any errors will be solved or that the products will be free from viruses or other potentially damaging software or parts.
The user acknowledges that the products may contain potential defects and accepts the risks for any direct or indirect damage that may occur thereof. In no case shall MyLifeWell be held liable by user or any third-parties in the case of damages resulting directly or indirectly in the case of any defect in its products or services. The user cannot terminate any agreement with MyLifeWell based on actual or perceived non-compliance with any term thereof.
The information and offers contained on the Platform (including text, graphics, links, or other material) are provided on an "as is," and "where available" basis. MyLifeWell makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the site or any related materials, products, services, or information.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the Platform, or your downloading of any materials, data, text, images, video, audio, or other information from the Platform or associated with any email or links sent to you by MyLifeWell. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Platform or the services or materials on the Platform, even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges for any fees paid by user’s employer and pro-rated for the individual user, giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of the Platform must be brought within one-hundred and eighty (180) days from the date on which such claim or action arose or accrued or purchase was completed.
Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Platform shall be at your own risk.
Account Termination
We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Platform, with or without notice, for any reason or no reason.
Force Majeure
If and to the extent that our performance of any of our obligations pursuant to this Agreement is prevented, hindered or delayed directly or indirectly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, epidemic, pandemic, or any other similar cause beyond the reasonable control of such Party (each a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then we shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected (the “Affected Services”) by the Force Majeure Event for as long as the Force Majeure Event continues. We will use our commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay, including using alternate sources, workaround plans, or other means. Upon the occurrence of a Force Majeure Event, we shall promptly notify the user of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event. During the Force Majeure Event, user’s employer shall continue to pay MyLifeWell fees for the Services.
Privacy Policy
MyLifeWell believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Platform and is incorporated by reference.
Electronic Signature
By using the products or services of MyLifeWell the user is deemed to provide an electronic signature so that these Terms of Use apply.
Application and Competence
These Terms of Use replace all prior agreements or commitments with respect to the matters contained herein.
One or more parts of these Terms of Use may not apply in the applicable legal system or be found to be unenforceable. In any such case, the remaining parts of these Terms of Use shall remain valid between the user and MyLifeWell.
MyLifeWell is a registered entity in the state of Michigan, United States and the laws of the State of Michigan apply to these Terms of Use. Any disputes which may result herefrom will be exclusively decided upon by the competent court in Michigan, United States.