1. OVERVIEW

These Terms of Use (“TOU”) contain the terms under which LifeData, LLC provides their products and services (“Services”) to you, and describe how the Services may be accessed and used. If you do not agree with any of these Terms, please do not use the LifeData Services.
Depending on which Services you use, additional terms and policies (including rules, guidelines and other similarly named documents) presented with those Services may apply (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. We refer to the combination of this TOU and any applicable Additional Terms collectively as these “Terms”.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, or by using the Services. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

LifeData also complies with requirements of the General Data Privacy Regulation (GDPR), which covers organizations that process the data of residents of the European Union. Further, as a U.S-based organization, LifeData participates in the U.S.-EU and U.S.-Swiss Privacy Shield Networks.

Under GDPR, LifeData operates as a Data Processor, and fulfills all obligations of that role. This Terms of Use document serves as a contract describing the relationship between LifeData as a Processor and Data Controllers, i.e. users who develop and deploy LifePaks and associated services in order to collect the data of European Residents. Data Controllers acknowledge and agree to serve as Representatives competent to respond to European Data Authorities and data subjects for inquiries related to GDPR.

Questions? For questions regarding this Terms of Use, or to obtain a copy of this document, contact LifeData by mail at 1800 N Wabash Rd., Marion, Indiana, 46952 USA, or electronically through this contact@lifedatacorp.com

Further information about LifeData policies regarding personal information is available in the Privacy Policy.

 

2. FEES AND PAYMENTS

2.1. Fees for Services. You agree to pay to LifeData any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

2.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

2.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than LifeData’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay LifeData for the Services without any reduction for Taxes.

2.4. Price Changes. LifeData may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. LifeData will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

 

3. INFORMATION FOR LIFEPAK CREATORS

3.1  LifePak Ownership

LifePaks that you develop are your property. You retain ownership of all of your intellectual property rights in your LifePak Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

In addition, LifePaks display content provided by others that is not owned by LifeData. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own LifePak Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. LifeData is not responsible for any actions you take with respect to your LifePak Content, including sharing it publicly.

Limited License to Your LifePak Content. You grant LifeData a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by LifeData’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that LifeData no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide LifeData with feedback about the Services, we may use your feedback without any obligation to you.

Other IP Claims. If you believe a LifeData user is infringing upon your intellectual property rights, you may report it through an online support ticket.

LifeData IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use LifeData’s trademarks or other brand elements.

You acknowledge that, in order to ensure compliance with legal obligations, LifeData may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, LifeData otherwise has no obligation to monitor or review any content submitted to the Services.

3.2  Account Management

You can:

  • Update your account details. You can update your registration and other account information on your Profile page. Information is updated immediately.
  • Download/backup your LifePak and response data. We provide you with the ability to export your EMA data in a variety of formats. This allows you to create your own backups or conduct offline data analysis.
  • LifePak creators may cancel their account, or allow their subscription to lapse. Any data collected prior to account cancellation or subscription end date will be permanently deleted in 180 days. (Prior to that date, any data collected may be retrieved by writing to support@lifedatacorp.com.)
  • LifePak creators may also contact LifeData directly with specific requests to delete personal data. Send requests to support@lifedatacorp.com.

You are responsible for your password and any other credentials used to access that account. You, and not LifeData, are responsible for any activity occurring in your account (other than activity that LifeData is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify LifeData immediately. Accounts may not be shared and may only be used by one individual per account.

Keep Your Details Accurate. LifeData occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, LifeData will not be liable for any failure to store, or for loss or corruption of, your Content.

Account Inactivity. LifeData may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

3.3  User Requirements

You must use the Services in compliance with, and only as permitted by, applicable law.

If you are an individual, you may only use the Service if you have the power to form a contract with LifeData. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with LifeData, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

  • You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
  • You may not circumvent or attempt to circumvent any limitations that LifeData imposes on your account (such as by opening up a new account to build and publish a LifePak that we have closed for a Terms violation).
  • Unless authorized by LifeData in writing, you may not probe, scan, or test the vulnerability of any LifeData system or network.
  • Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
  • You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
  • You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. LifeData will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to LifeData.
  • You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
  • Unless authorized by LifeData in writing, you may not resell or lease the Services.

3.4  What information does LifeData collect?

Information we collect directly from you:

  • Registration information. You need a LifeData account before you can create LifePaks in the LifePak Builder & Management System. When you register for an account, we collect your username, password, email address, street address, phone number. If you choose to register by using a third party account (such as your Twitter or Facebook account), please see “Information from third parties” below.
  • Billing information. If you make a payment to LifeData, we require you to provide your billing details, such as a name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder.
  • EMA data. We store your LifePak and EMA data (prompts and responses) for you.
  • Other data you intentionally share. We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or participate in a LifeData contest.
  • We safeguard your respondents’ email addresses. Rest assured, LifeData will not email your LifePak respondents except at your direction. We definitely don’t sell those email addresses to any third parties.

Information we collect about you from other sources:

  • Usage data. We collect usage data about you whenever you interact with our services. Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.
  • Device data. We collect data from the device and application you use to access our services, such as your IP address and browser type. We may also infer your geographic location based on your IP address.
  • Referral data. If you arrive at a LifeData website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
  • Information from third parties. We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us. For example, you may have the option of registering and signing into LifeData with your Facebook account details. If you do this, the authentication of your logon details is handled by Facebook and we only collect information about your Facebook account that you expressly agree to share with us at the time you give permission for your LifeData account to be linked to your Facebook account.
  • Information from page tags. We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.

3.5 How does LifeData use the information we collect?

Generally, we use the information we collect from you in connection with providing our services to you and, on your behalf, to your LifePak respondents.

  • This includes providing you with customer support, which requires us to access your information to assist you (such as with LifePak design and creation or technical troubleshooting).
  • If you choose to link your LifeData account to a third party account (such as your Twitter or Facebook account), we may use the information you allow us to collect from those third parties to provide you with additional features, services, and personalized content.
  • To manage our services. We internally use your information, including certain LifePak data, for the following limited purposes:
    • To monitor and improve our services and features. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. However, we do not use the non-public content of LifePaks (i.e. the content of prompts and responses that you have not publicly shared) for these purposes.
    • To assist the enforcement of our Terms of Use.
    • To prevent potentially illegal activities.
    • To screen for undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.
  • To create new services, features or content (public data and metadata only). We may use public LifePak data and anonymized LifePak metadata (that is, data about the characteristics of a LifePak but not its non-public content), to create and provide new services, features or content. For example, we may look at statistics like response rates, prompt and answer word counts, and the average number of prompts in a LifePak and publish interesting observations about these for informational or marketing purposes. When we do this, neither individual LifePak creators nor LifePak respondents will be identified or identifiable unless we have obtained their permission.
  • To facilitate account creation and the logon process. If you choose to link your LifeData account to a third party account (such as your Twitter or Facebook account), we use the information you allowed us to collect from those third parties to facilitate the account creation and login process.
  • To contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You can’t opt out of these communications since they are required to provide our services to you.
  • To contact you for marketing purposes.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

3.6  Sharing Your LifePaks

You are able to control who can download and engage with your LifePak by changing LifePak distribution settings. For example, LifePaks can be made publicly available within the RealLife Exp mobile app, Semi-private (you create and distribute a code which allows download within the RealLife Exp mobile app), or private by restricting access to people based on the email address Real Life Exp mobile app users have given us for their account.

3.7  With whom do we share or disclose your information?

We recognize that you have entrusted us with safeguarding the privacy of your information. Because that trust is very important to us, the only time we will disclose or share your personal information or LifePak data with a third party is when we have done one of three things, in accordance with applicable law: (a) given you notice, (b) obtained your express consent, such as through an opt-in checkbox; or (c) anonymized the information so that individuals cannot be identified by it. Where required by law, we will obtain your express consent prior to disclosing or sharing any personal information.

We may disclose:

  1. Your information to our service providers. We use service providers who help us to provide you with our services. We give relevant persons working for some of these providers access to your information, but only to the extent necessary for them to perform their services for us. We also implement reasonable contractual and technical protections to ensure the confidentiality of your personal information and data is maintained, used only for the provision of their services to us. Examples of service providers include payment processors, email service providers, and web traffic analytics tools.
  2. Your account details to your billing contact. If your details (as the account holder) are different to the billing contact listed for your account, we may disclose your identity and account details to the billing contact upon their request (we also will usually attempt to notify you of such requests). By using our services and agreeing to this Terms of Use, you consent to this disclosure.
  3. Aggregated information to third parties to improve or promote our services. No individuals can be identified or linked to any part of the information we share with third parties to improve or promote our services.
  4. Your information if required or permitted by law. We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us.
  5. Your information if there’s a change in business ownership or structure. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation) or any other action or transfer between LifeData entities, you expressly consent to LifeData transferring your information to the new owner or successor entity so that we can continue providing our services.
  6. Information you expressly consent to be shared. For example, we may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes. (You may later revoke your permission, but if you wish to stop receiving communications from a third party to which we provided your information with your permission, you will need to contact that third party directly.)

 

4. INFORMATION FOR MOBILE APP USERS/RESPONDENTS

When you respond to LifePaks hosted by LifeData, we collect, on behalf and upon instructions of LifePak creators, information relating to you and your use of our services from a variety of sources. These are listed below.

4.1  Information we collect directly from you

  • We collect and store the LifePak responses that you submit. The LifePak creator is responsible for this data and manages it. A LifePak creator may ask you to provide personal information or data. If you have any questions about a LifePak you are taking, please contact the LifePak creator directly as LifeData is not responsible for the content of that LifePak.
  • Are your LifePak responses anonymous? This depends on how the LifePak creator has chosen to make their LifePak available to mobile users and what personally identifiable information they may ask in the LifePak they have created. We provide instructions on how a LifePak can be delivered to specific known users or available to anyone who has the RealLife mobile application installed on their device.
  • Providing LifePak responses is voluntary. Remember, you can always choose not to provide an answer to any given LifePak question (especially those requesting your personal information or data). However, sometimes this will prevent you from completing a LifePak if the LifePak creator has marked that question as requiring an answer.

4.2  Information we collect about you from other sources

  • Usage data. We collect usage data about you whenever you interact with our services. Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access and error logs to assist in servicing our applications. LifeData does not gather originating IP addresses from the mobile device.
  • Device data. We collect data from the device and application you use to access our services, such as device type and app version. We may also gather your geographic location if you opt in when you download the mobile application.
  • Referral data. If you arrive at a LifeData website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
  • Information from third parties. We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us. For example, you may have the option of registering and signing into LifeData with your Facebook account details. If you do this, the authentication of your logon details is handled by Facebook and we only collect information about your Facebook account that you expressly agree to share with us at the time you give permission for your LifeData account to be linked to your Facebook account.
  • Information from page tags. We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.

4.3 How does LifeData use the information we collect?

  • Your LifePak responses are owned and managed by the LifePak creator, and we treat that information as private to the LifePak creator. LifeData hosts LifePaks for LifePak creators, but these creators are the primary curators of LifePak data. Anything you expressly disclose in your LifePak responses will, naturally, be provided to them.
  • LifePak creators will provide you with information about the specific uses and purpose of information you submit. Please contact the LifePak creator directly to understand how they will use your LifePak responses.
  • LifeData does not sell LifePak responses to third parties and we do not use any contact details collected in our customers’ LifePaks to contact LifePak respondents. We do use the information we collect from you (including usage data, device data, referral data and information from page tags) to manage and improve our services.

4.4  What are my rights to my personal data?

  • LifePak mobile app users / data respondents may delete a LifePak and the associated data set from their mobile devices at any time. This removes any data from the mobile device which the LifePak has collected. This will not delete data from LifeData servers.
  • To delete personal data from LifeData servers, please contact the LifePak creator or administrator (Data Controller).
  • Mobile app users / data respondents should also contact LifePak creators to make a request to access, update, or delete any personal data.
  • For questions about your personal information, contact the LifePak creator or administrator

 

5. SECURITY INFORMATION FOR ALL USERS

We are committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions we undertake, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting data through the internet.

5.1  Cookies. We use cookies on our websites. Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. We use cookies for several reasons:

  • To make our site easier to use. If you use the “Remember me” feature when you sign into your account, we may store your username in a cookie to make it quicker for you to sign in whenever you return to LifeData.
  • For security reasons. We use cookies to authenticate your identity, such as confirming whether you are currently logged into LifeData.
  • To provide you with personalized content. We may store user preferences in cookies to personalize the content you see.
  • To improve our services. We use cookies to measure your usage of our websites and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services and optimize the content we display to users.

We don’t believe cookies are disturbing, but you can still choose to remove or disable cookies via your browser. Refer to your web browser’s configuration documentation to learn how to do this. Please note that doing this may adversely impact your ability to use our services. Enabling cookies ensures a smoother experience when using our websites. By using our websites and agreeing to this Terms of Use, you expressly consent to the use of cookies.

5.2  Blogs and Forums. Our website may offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We’re not responsible for any personal information you choose to submit in these areas of our site. To request removal of your personal information from our blog or community forum, contact us at support@lifedatacorp.com. In some cases, we may not be able to fulfill your request and we will let you know why.

5.3  Online Tracking. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services (unless otherwise stated in a service-specific privacy statement).

5.4  Social Media Features. Our websites may include social media features or widgets, such as the Facebook Like button. Use of these features may allow them to collect your IP address, detect which page you are visiting on our site, and set a cookie to enable the feature to function properly. Your interactions with these features are governed by the policies of the third party providing it.

5.5   Safety of Minors and COPPA. Our services are not intended for and may not be used by minors. “Minors” are individuals under the age of majority in their place of residence (or under 13 in the United States). LifeData does not knowingly collect personal data from minors or allow them to register. If it comes to our attention that we have collected personal data from a minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact us at support@lifedatacorp.com

5.6  Geolocation information: LifeData mobile applications collect geolocation information. You will have the option of allowing or disallowing this information to be collected along with your responses. This information can be valuable for understanding by researchers and others engaged with providing your services that benefit you.

5.7  Unique device IDs: LifeData mobile applications do not collect your mobile device’s unique identification number.

 

6. OTHER INFORMATION FOR ALL USERS

LifeData may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. LifeData may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require LifeData to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

LifeData constantly changes and improves the Services. LifeData may add, alter, or remove functionality from a Service at any time without prior notice. LifeData may also limit, suspend, or discontinue a Service at its discretion. If LifeData discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. LifeData may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

6.1 Disclaimers and Limitations of Liability

While it is in LifeData’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND LIFEDATA DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIFEDATA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LIFEDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF LIFEDATA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO LIFEDATA FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.

Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

Businesses. If you are a business, you will indemnify and hold harmless LifeData and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

6.2  Contracting Entity

Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, LifeData, LLC.

For any Service provided by LifeData, LLC, the following provisions will apply to any terms governing that Service:

  • Contracting Entity. References to “LifeData”, “we”, “us”, and “our” are references to LifeData, LLC located at 1800 N Wabash Rd, Marion, IN 469521, United States of America.
  • Governing Law. Those terms are governed by the laws of the State of Indiana (without regard to its conflict of laws provisions).
  • Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Grant County, Indiana, and the federal courts located in Indiana with respect to the subject matter of those terms.

6.3  Other Terms

  • Assignment. You may not assign these Terms without LifeData’s prior written consent, which may be withheld in LifeData’s sole discretion. LifeData may assign these Terms at any time without notice to you.
  • Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and LifeData, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
  • Independent Contractors. The relationship between you and LifeData is that of independent contractors, and not legal partners, employees, or agents of each other.
  • Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
  • No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
  • Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
  • Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
  • Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

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