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Effective Date: April 27th, 2021
We are Life Dreams, Inc. builders and owners of Mogami Apps and mogamiapp.com. We have been helping people with their finances for over 10 years. This End User Privacy Policy (“Policy”) is meant to help you (the “end user”, “user”, or “you”) understand how we at Life Dreams collect, use, and share end user information to operate, improve, develop, and protect our services. We value your trust and privacy and have implemented unique policies to protect your information. This Policy applies to Life Dreams, Inc. and its products, including all Mogami Android and iOS apps and mogamiapp.com (collectively, “Our products”, “Our applications”, “we”, “our”, and “us”).
Through the use of our products, you can be asked to provide, but not limited to household composition (e.g. city, state, number of adults, number of dependents, age), income (e.g. gross income, deductions, paystub contributions), expenses, savings, insurance, and future goals. This data can be provided by uploading digitized documents or directly typed into our products.
Some data is easier for you to get by authorizing a third party to provide it. For example, but not limited to, expense transactions and savings account balances. In these cases, we give you the option to authorize a third party to provide us with that information such as Plaid, our third-party partner to connect to your bank accounts and get transactions and balances.
Our products process and compute your data to turn it into actionable recommendations, findings, metrics, assessments, and a long-term forecast of your finances. For example, letting you know if your disposable income and existing savings are sufficient to fund a home purchase in the next 5 years.
Our applications may use cookies and/or scripts to remember your preferences and the actions you perform in our products. We may also collect non-personally identifiable information including your browser computer and operating system type, and technical information about your means of connection to our product, such as internet service providers and other similar information. We use this information to improve our product and to enhance the user experience, remember your preferences, or remember your choices. This data is depersonalized and or aggregated before it’s stored. You may always choose to set your web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of our products may not function properly.
By using any of our products, you signify your acceptance of this policy. If you do not agree to this policy, please do not use any of our products. Your continued use of any of our products following the posting of changes to this policy will be deemed your acceptance of those changes.
We generally retain the data you provide to us, third party, and inferred data as described in as long as you keep your account open or as needed for you to use our products. This includes data you or your authorized third parties have provided to us and information generated or inferred from your use of our products. Even if you only use our products every few years, we will retain your information and keep your account open, unless you close your account.
You can always close your account through our product’s user interface, or by submitting a request to privacy@lifedreams.co. Please note that you will be requested to provide additional information necessary to confirm your identity before we can respond to your request. We will respond to the request within a reasonable period of time if no time period is required by applicable law.
After closing your account, we will delete the data you provided to us, third party, and inferred data in our systems including deleting any related accounts in third party systems, if needed, within 24 hrs. After closing your account, we will retain the data we collect for tracking as defined in Section 1. This data is stored in a depersonalized form and is used to help us improve our products (e.g. how many times you visited what parts of the product you used.)
All the data you provide to us is always available to be corrected or modified by you directly through our products’ user interface. Any changes to the data you provide will automatically update any inferred or calculated related data. However, we can not change or correct any data received from your authorized third parties. To change or correct that data you will need to work with the third parties directly. You can provide you with their contact information, if needed, by submitting a request to privacy@lifedreams.co.
You can ask us for a copy of your personal data and can ask for a copy of the data you provided in machine-readable form. To request your data, submit a request to privacy@lifedreams.co. You will be requested to provide additional information necessary to confirm your identity before we can respond to your request.We will respond to the request within a reasonable period of time if no time period is required by applicable law. Please note, that certain information may be exempt from such requests as required by law, or to establish, exercise, or defend legal claims.
We understand personal finance is a sensitive topic. To help you, we have to ask for financial and/or household information. We just simply can not help you appropriately without it. Our applications are built to allow you to complete activities related to different aspects of your finances (e.g. understand my income, understand my expenses, quick checkup). The more activities you complete the more meaningful the feedback you receive.
Our products are designed for you to leverage the easiest way to provide your data. In all cases, you will either enter it manually, scan to PDF/photo, or connect to an existing third-party account to pull the information. In some cases, we give you more than one option. Regardless of the method, we don’t collect any data that you have not directly provided or authorized us to collect.
We have worked hard to focus only on what’s absolutely necessary. Every bit of data we ask for has a very specific purpose and it’s directly related to a recommendation, finding, or summary to help you - for example.
Sometimes you work in an Internet Cafe, other times at home. Regardless of the type of Internet connection, we use SSL technology to encrypt and secure all communication between your device and our machines so it can not be read over the air or the Internet.
Encryption involves scrambling information so it can not be understood unless it’s unscrambled using a defined key. It makes it much harder for bad actors to read information. While any encryption can be broken, it takes a tremendous amount of effort and time to break encryption keys. We keep keys unique to each user and we store them in different locations - for example.
We usually don’t need to keep data we have already aggregated or processed. We make a significant effort to understand the time frames when the data is helpful to you and we delete it immediately after that - for example.
We will always limit access to any system containing user information unless it’s related to customer support or understanding the user experience - for example.
We do not sell, trade, or rent your data to anyone else. We use depersonalized and aggregated data not linked to your personal identification to provide all our users with helpful comparisons and benchmarks (e.g. people like you spend, or people like you have these goals).
While our team can accomplish a lot, there are companies that are better suited and prepared for certain tasks. We partner where another company can do a better job at protecting, handling, and/or getting your data - for example.
We also use SSL technology to encrypt and secure all communication between our systems and our partners. So it can not be intercepted and read while traveling through the Internet. We also use authentication technologies to avoid being impersonated.
We use your data for a number of business and commercial purposes, including to operate, improve, and protect the services we provide, and to develop new services. More specifically, we use your data:
Life Dreams, Inc. has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at privacy@lifedreams.co
Effective Date: April 27th, 2021
We are Life Dreams, Inc. builders and owners of Mogami Apps and mogamiapp.com. We have been helping people with their finances for over 10 years. This End User Privacy Policy (“Policy”) is meant to help you (the “end user”, “user”, or “you”) understand how we at Life Dreams collect, use, and share end user information to operate, improve, develop, and protect our services. We value your trust and privacy and have implemented unique policies to protect your information. This Policy applies to Life Dreams, Inc. and its products, including all Mogami Android and iOS apps and mogamiapp.com (collectively, “Our products”, “Our applications”, “we”, “our”, and “us”).
Life Dreams, Inc. (“we,” “us” and “our”) provides the www.mogamiap.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (these “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on the site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. In the event of any conflict with these Terms of Use, these Terms of Use shall prevail.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES, CONTENT OR INFORMATION. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.
These Terms of Use are effective as of 6/27/2021. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of the site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, employees, representatives, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the site and/or its contents.
We reserve the right to change, amend, or modify (collectively, “Changes”) these Terms of Use, at any time, with or without notice, at our sole and absolute discretion. Any such Changes will be posted on the site. You are responsible for regularly reviewing these Terms of Use for such Changes. Your continued use of the site after such the posting of such Changes constitutes your acceptance of such Changes. If you do not agree with any Changes, please do not use the site.
We make various services available on the site, including, but not limited to, software and algorithms relating to financial and other life decisions, and related or similar services. We may charge for some or all of these services as specified on the site. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
Our reserved right to Change the site specifically includes the right to discontinue the site or any of its features and services. We will not be liable or responsible to you or any third party for any damages, losses or expenses should we exercise such right. Any new features that augment or enhance the then-current services on the site shall also be subject to these Terms of Use.
Some services offered on the site may be beta or pre-release versions (“Beta Versions”).
Beta Versions are provided on an as-is, where-is basis without any representation or warranty of any kind. You assume all risk of using the Beta Version and that we have no liability to you with respect to your access to or use of Beta Versions. You agree and understand that Beta Version may contain bugs or errors, may not work properly, and may be complete, and that you assume all risk from use of the Beta Versions, including, but not limited to, any loss or damage to your data, any investment losses or any damage or harm to your computer or any other equipment. We may terminate your access to or use of Beta Version at any time with or without notice, and with or without cause. We shall have no liability to you as a result of such termination.
(a) Not a Broker-Dealer or Investment Adviser. We are not a securities broker-dealer, investment adviser, or financial planner. We are not registered with the U.S. Securities and Exchange Commission or any state or foreign securities regulatory authority.
(b) Informational Purposes Only; No Offer, Solicitation, or Advice. The site is provided for information purposes only and is not intended for trading purposes. None of the information contained on or accessible through the site constitutes a solicitation, offer, opinion, or recommendation by us or any or our Affiliates to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment. The site is intended only to assist you in your understanding of financial organization and decision-making and is broad in scope. The site may include certain information taken from stock exchanges and other sources from around the world, although it may not include all information that is relevant to any particular investment decision. Your personal financial situation is unique, and any information or investing strategies set forth on the site may not be appropriate for your situation. Before making any final decisions or implementing any financial strategy, you should obtain additional information and advice from financial, tax or other advisers who are fully aware of your individual circumstances.
(c) Source of Information. The site may include certain information taken from stock exchanges and other sources from around the world, but the site does not independently confirm any such information. We do not guarantee the sequence, accuracy, completeness, or timeliness of the information on the site. In addition, the provision of certain information or parts of the site may be subject to the terms and conditions of other agreements to which we are a party.
(d) Jurisdictional Limitations. The information contained on or accessible through the site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
In order to access some of the services on the site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you, including, but not limited to the following: contact information to Intercom.io for the purposes of email communication, email information to Auth0 for the purposes of authentication. The information we obtain through your use of the site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. The Privacy Policy describes in more detail our information collection practices.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content (“User Content”), including text, communications, software, images, sounds, data, or other information, that:
(a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for any User Content. We generally do not pre-screen, monitor, or edit User Content in any forum of communication (e.g., chat rooms, message boards, blog posts, newsgroups, software libraries, or other interactive services that may be available on or through the site). However, we (and our agents) have the right in our (or their) sole discretion to remove any User Content that, in our (or their) judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing User Content. You hereby consent to such removal and waive any claim against us arising out of such removal of User Content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You further agree to grant to Life Dreams, Inc. and it Affiliates an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further represent and warrant that all so-called moral rights in the User Content, and all rights to compensation or approval of the User Content, have been waived.
The site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
The site and all of its contents are Copyright (c) 03/15/2011 Life Dreams, Inc. All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, blogs, chat rooms, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Life Dreams, Inc. and/or its Affiliates.
Provided you have paid all fees required to access and use the services, and are in compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable license to (a) view and download a single copy of the content for your own personal use and (b) access and use the services provided on the site for your personal use only from a single computer. Except for the limited licenses granted above, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the site. You may not use the site or the services for any commercial purposes, including, but not limited to, providing investment and other advice to clients. Any unauthorized use of the content, services and materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the site will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are trademarks or service marks of Life Dreams, Inc. or its Affiliates: Life Dreams, Life Plan, Plan Health, Plan Notifications. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Life Dreams, Inc. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Life Dreams, Inc. or its Affiliates.
Subject to our Privacy Policy, any communication or material that you transmit to the site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the site believes its copyright, trademark or other property rights have been infringed by a posting on the site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must be in writing and:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the site may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Life Dreams, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the site for further information, which policies are incorporated by reference into these Terms of Use. Please also refer to Section 3 of these Terms of Use.
You understand and agree that temporary interruptions of the services available through the site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the site and content or communications that you provide to the site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
From time to time, the site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make email, messaging, blogging, or chat services (collectively, “Communication Services”) available to users of our site, either directly or through a third-party provider.
We will not inspect or disclose the contents of private communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although the site may be accessible worldwide, we make no representation that materials on the site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. The site is intended solely for use within the United States of America. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the site is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The site (excluding any linked sites) is controlled by us from our offices within the state of Washington, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Washington, by accessing the site both of us agree that the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the site and the purchase of products and services available through the site. Except as set forth in Section 20, you and we hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Washington with respect to such matters.
You and we agree that any dispute, claim or controversy arising out of or relating in any way to the our services, including our site, user interfaces, these Terms of Use and this arbitration agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND WE 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at feedback@golifedreams.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These terms and conditions set forth in these Terms of Use (including all guidelines, rules and policies incorporated by reference herein) constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s) (subject to our right to make Changes set forth in Section 2). Any attempt to alter, supplement or amend these Terms of Use or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the site, or use of or access to the site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the site, the services available through the site are offered by Life Dreams, Inc. located in Seattle, Washington. If you notice that any user is violating these Terms of Use, please contact us at legal@lifedreams.co.