Terms of Use

 

Last updated: January 29, 2018

This website (the “Website”) is operated by Life Protect 24/7, Inc. (“Life Protect 24/7”, “we”, “us” or “our”). It is intended for your information, education and communication. Please feel free to browse the Website; however, your access and use of the Website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing the Website, you accept, without limitation or qualification, these Terms of Use.

Life Protect 24/7 reserves the right, at its sole discretion, to change or modify these Terms of Use at any time. Changes and/or modifications shall become effective immediately upon posting. If we make any changes to these Terms of Use, we will change the “Last Updated” date above. Please review these Terms of Use periodically. Your use of the Website will be governed by the Terms of Use in place on the date you access the Website, and your use of the Website will constitute acceptance of those Terms of Use.

Please note that these Terms of Use only apply to the use of the Website. A separate set of Terms and Conditions apply to the use of any Life Protect 24/7 devices and services. This separate set of Terms and Conditions is provided to all customers and is available upon request.

If you do not agree with all of the following Terms of Use, please do not use this Website.

1. Use of Our Website and of Materials Contained on this Website

The Website contains material that is derived in whole or in part from material supplied by Life Protect 24/7 and other sources, and is protected by U.S. and international copyright and trademark laws. You may only view, use and download material on this Website for your non-commercial, personal use, subject to these Terms of Use. This limited, non-exclusive, revocable right is provided to you for personal purposes only; if you desire to use any material or content from this Website for any commercial or other purposes, you must obtain our prior written permission. You may not frame this site nor link to a page other than the home page without our express permission in writing. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from our Website or through use of our services. The information contained in this Website is intended for general information purposes only. We have made reasonable efforts to ensure that the information on this Website is accurate at the time of posting; however, there may be inaccuracies and occasional errors. We make no representations or warranties about the information provided on or through this Website, including but not limited to information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through this Website. We accept no liability for any inaccuracies or omissions in this Website and any decisions based on information contained on this Website are the sole responsibility of the user.

You agree not to use our Website or services to:

  • Promote surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Restrict or inhibit any other user from using and enjoying our Website and services.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof.

2. Compliance with Law

You shall not use this Website for any illegal purposes. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages and/or interfere with the operation of this Website or with the enjoyment of this Website by other users.

3. Links to Third Party Sites3. Links to Third Party Sites

The presence of links to third party sites does not constitute or imply endorsement by Life Protect 24/7 of the opinions or views expressed by these linked websites, and Life Protect 24/7 does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Life Protect 24/7 is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by or through such third party sites. To the extent that third party sites collect personally identifiable information from you, please be advised that in no event shall Life Protect 24/7 assume or have any responsibility or liability for the manner in which such information is collected or for any claims, damages, or losses, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with your access to and/or use of those sites. In no event will Life Protect 24/7 be liable to you for any direct, indirect, incidental, consequential, or special loss or other damage arising out of or in connection with your use of such third party site(s).

4. Termination of the Website and/or Access Thereto

Life Protect 24/7 reserves the right, at any time and without notice, to modify, alter, suspend or terminate all or any part of this Website and to restrict or prohibit access to it. Life Protect 24/7 shall not be liable to any party for such modification, alteration, suspension, restriction or termination.

If you object to any of the Terms of Use contained herein, you may discontinue use of the Website.
Sections 1 through 3 and 5 through 13 will survive any termination of your access to the Website, whether we terminate your access or you voluntarily discontinue your use.

5. Indemnification

You agree to indemnify, defend and hold harmless, Life Protect 24/7, its officers, directors, managers, members, owners, employees, agents, licensors, representatives, affiliates, successors, assigns, and third party providers to the Website from and against all losses, expenses, damages, costs, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, or fines of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the  Website or violation of these Terms of Use by you.  Furthermore, you agree that we assume no responsibility for the content you submit or make available through the Website except as set forth in our Privacy Policy.

6. Responsibility for Fees and Usage Charges

By submitting your email address and/or cell phone number through the Website, you acknowledge that you may receive e-mail or text messages on your phone or mobile communications device, and that the receipt of such messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of Website content.

7. Limitation of Liability/Disclaimer

Your use and browsing of the Website is at your own risk. If you are dissatisfied with any of the Materials contained in the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website.
To the fullest extent permissible pursuant to applicable law, neither Life Protect 24/7 nor any other party involved in creating, producing or delivering material to the site shall assume or have any responsibility or liability for any claims, damages, or losses, whether contractual, tort (including negligence), statutory, or otherwise, arising out of or in connection with your access to, use of, and/or inability to access the Website. Without limiting the foregoing, everything on the Website is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Life Protect 24/7 also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any content or materials from the Website.

8. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that material posted on the Website infringes your copyrights, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:

Service Provider: Life Protect 24/7, Inc.
Registered Agent/Registered Office:
Mark E. Slaughter
222 Central Park Ave., Suite 1500
Virginia Beach Va23462
(757) 628-5660
Mslaughter@wilsav.com

Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.

9. Privacy and Protection of Personal Information

The collection and use of your personal information is subject to the terms and conditions set forth in our Privacy Policy available at https://lifeprotect247.com/privacy-policy.

10. Governing Law

These Terms of Use shall be governed by the laws of the State of Virginia without regard to its conflicts of laws rules.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website, your use and access thereof, and these Terms of Use will be solely in the state courts of competent jurisdiction located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, as appropriate, and you hereby consent and submit to the exclusive personal jurisdiction and venue of the foregoing courts for any such legal proceeding.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our Website or these Terms of Use must be filed within one (1) year after such claim or cause of action accrues or be forever barred.

11. Dispute Resolution

ARBITRATION PROVISION AND JURY TRIAL AND CLASS ACTION WAIVER

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THIS WEBSITE, YOU AND LIFE PROTECT 24/7 ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LIFE PROTECT 24/7 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

You and Life Protect 24/7 agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of the Website, or your and the Life Protect 24/7’s dealings with one another in connection with this Website shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the Arbitration Rules and Procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Life Protect 24/7 both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Life Protect 24/7 must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Virginia Beach, Virginia. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor Life Protect 24/7 will be able to have a court or jury trial or participate in a class action or class arbitration. You and the Life Protect 24/7 each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND LIFE PROTECT 24/7 ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE, OR YOUR AND LIFE PROTECT 24/7’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH THE WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and we agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms of Use. This arbitration agreement will survive termination of your use of this Website. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If you wish to initiate arbitration against Life Protect 24/7, you must send notice to Life Protect 24/7 to the address below.

If you wish to opt-out of the agreement to arbitrate, within 30 (thirty) days of when you first use the Website or submit through the Website a request for information, you must send Life Protect 24/7 a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following address:

Life Protect 24/7, Inc.
3509 Virginia Beach Blvd.
Virginia Beach, Virginia 23452
Attn: Legal Department

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms of Use.

12. Waivers

CALIFORNIA WAIVER.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NEW JERSEY WAIVER.

IF YOU ARE ACCESSING THE SITE FROM NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY MEDICAL ISSUE) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US , AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE;  AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON OUR PART OR OUR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS SECTION AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

13. General

This site is intended exclusively for residents of the United States ages 13 and above.

We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them on our Website or delivering them to you via email.  You may update your email address by visiting the area of the Website where you have provided contact information.  If you do not provide us with accurate information, we will not be responsible for failure to notify you.  These Terms of Use constitute the entire agreement between you and us in regards to your access and use of the Website and supersede all prior agreements with respect to the subject matter hereof.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use are found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.

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