By LifeWise Digital, Inc.
Updated January 1, 2023
We welcome you to daviedeals, a user-curated mobile and web technology platform that delivers to users the types of ads and deals they wish to see. daviedeals users train the system to deliver to them the best possible promotions and deals in categories each user selects. We are committed to protecting our users’ personal information and respecting our users’ right to control the advertising they wish to see. To that end, daviedeals, and its parent company LifeWise Digital, Inc. (“LifeWise”), a Delaware corporation has established the following policies, terms, and conditions.
In order to become a registered user, to establish an account, and use the daviedeals app, you must accept the following policies and agree to all of the terms and conditions:
LifeWise Digital, Inc. (LifeWise) and each of its technology product offerings, including the daviedeals mobile application, web site platform, and related digital media outlets, adhere to the following policies with regard to data used in our network, web platforms, and applications.
LifeWise is committed to the protection of privacy and appropriate use of data provided by its mobile application users, as well as the protection of privacy of the customers our advertisers’ locations.
- LifeWise does not sell any data obtained from its users, advertisers, or partners;
- LifeWise does not acquire and store any personal information on any person who has not authorized the use of such information;
- LifeWise does not obtain or utilize the personal identity information including social security numbers, credit cards or other payment information of any user of our mobile applications, or customer who is in the vicinity of advertiser’s location;
- Data obtained by our ad servers includes the count of individuals in range of our devices and the location at which the device is delivered an advertisement or offer;
- All of the information that is stored in systems and utilized by LifeWise in its business of presenting digital advertising, deals, promotions, coupons and offers is used ambiguously – that is, there are aggregations of audience data, without any personal data included to indicate to advertisers or content providers that there are likely a number of individuals in a location that have indicated an interest in the products, services or information being made available;
- The data gathered and stored by LifeWise is primarily used for advertiser and accounting audit and assurance purposes for content and advertising providers, regulators and other government authorities, to assure that ads were delivered to a mobile user and that the user interacted with those ads when they appeared on an LifeWise mobile app or web platform including, but not limited to its daviedeals or #NearBuyLife apps on an Internet-connected mobile device or computer.
- LifeWise Digital’s mobile applications will each employ “opt-in” or opt out features that place the user in control of the way they interact with our advertiser;
- We collect, at the user’s option, Date of Birth and Gender Identity to provide anonymously to advertisers the type of audience demographics represented by our user base.
Types of Data Utilized By LifeWise Digital’s Technologies
LifeWise Digital’s daviedeals Mobile Application Software is installed on mobile devices allowing users to indicate the types of ads or content they wish to receive. Users therefore are asked to provide information including their preferences. LifeWise will utilize geo-location services technologies to identify the people in or near a given market to whom an ad should be delivered.
LifeWise in its daviedeals application utilizes location information to assure that offerings presented on our applications are actually available in the location near the current location of a user. This allows us to eliminate the presentation of any offer that is not relevant to a user. This requires the acceptance by a user of the location services available on their smart phone.
Use of Mobile Phone Presence Information
Some of the applications licensed and used by LifeWise, may identify mobile telephones within range of our advertisers’ locations.
Users of Mobile telephones have entered into agreements with their mobile phone providers, which agreements govern the use, distribution, or marketing of their user’s data that is gathered by their mobile phone provider. This information may be used by LifeWise to deliver ads to engage new users.
The provider and users have various options to “opt in” or “enable location services” and to utilize data in some manner. Those advertisers who provide advertising or other content to LifeWise directly or through programmatic advertising distributors do so as provided for in those agreements.
LifeWise Mobile Applications Including daviedeals
LifeWise intends to extend its services to users of its mobile applications. Any user who downloads a mobile application will have the option to request benefits provided by advertisers or location owners who use the LifeWise products and services. Such benefits may include discounts, coupons, affinity or loyalty programs, “freemiums” or free offerings.
LifeWise users may provide an email and may elect to receive notifications by text or email. This service is offered as an option to any LifeWise mobile application user and can be changed by the user at any time.
The Company provides to each of its mobile programs certain opt-in or opt-out features, putting users in control of their data.
Data Security and Data Breach Protections
The Company plans to utilize commercially-reasonable data protection models for the data it gathers, stores and uses including advertising audit control data. Database records identifying the display of an advertisement or other content and the data related to the presentation of or interaction with that content including time and date stamp, location, audience size and other data will be stored in secure off-site, third party provided.
The Company relies on secure cloud-based data management companies like Microsoft and Amazon Web Services for data storage, transfer and security. Each of these companies is focused on data security and employ state of the art protection capabilities. The Company does not store data on its services in its development environments.
We use your data to help deliver the best possible deals for you. We never deliver or sell your name or personal information (address, date of birth, email or phone number) to anyone. We provide to retailers and advertisers anonymous information about your demographic profile, location, and stated preferences, then filter ads, delivering the deals that best match the preferences you have selected.
Accepting the Terms
By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our applications or software without registering) or are a “Registered User” (which means that you have registered to create an account with LifeWise and daviedeals). In this Agreement, the terms “you” or “User” refer to either a Visitor or a Registered User. The term “we” or “our” refers to daviedeals, and its parent company, LifeWise. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with LifeWise. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
Notice, Please Read Carefully
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Description of the Service
As part of our Service, we provide you with the ability to locate and obtain deals, coupons, promotions, and exclusive offers for products and services, and other information to help make informed purchase decisions at attractive prices. We also allow you to make purchases directly from merchants you can access while you are using the daviedeals Mobile App. Further details about the daviedeals Mobile App are described below. The Service also includes and any other LifeWise offerings described below or on our web sites.
The Service is provided to you by LifeWise as a free service. We work on your behalf to locate the best publicly available offers and to deliver to you public and exclusive offers that may or may not be available through any other platform. We make money to sustain the service when you engage with merchants’ advertisements by viewing them, saving them, sharing them, and also when you purchase the merchants’ products or services.
LifeWise Mobile App and Merchant Purchases
The daviedeals Mobile App is an app that runs on your smart phone or other Internet-connected mobile device that allows you to view information about products or services for sale by third party merchants, find deals, offers, and promotions from those merchants, receive coupons or promotion codes, and purchase products from those third party merchants either on their ecommerce platforms accessed directly from your browser, from the daviedeals Mobile App or purchased at the merchants’ locations.
All products you purchase from a third party merchant through the daviedeals Mobile App are: (a) priced by the applicable third party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third party merchant and not by daviedeals or LifeWise. LifeWise and daviedeals is not a re-seller or distributor of any products of third-party merchants displayed within the daviedeals Mobile App. There is no obligation to purchase if you simply click on an ad, save a coupon, or visit the merchant’s web site.
You agree that any purchase you make from a third party merchant within the daviedeals Mobile App is subject to the applicable merchant’s own terms and conditions related to such purchase. You understand and agree that LifeWise and daviedeals are in no way responsible or liable to you for any products or services you purchase from a third party merchant, if accessed from within the daviedeals Mobile App, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
When you save or download a coupon to purchase any third party merchant’s products or services, the applicable merchant’s terms and conditions for acceptance, redemption, rejection or cancellation of the discount or offer described on the coupon. You understand that the coupon, offer, or promotion may expire or be extended at the sole discretion of the merchant.
We reserve the right, with or without prior notice, and in our sole and complete discretion, to refuse to allow any user to purchase any products from any third-party site if accessed from within the daviedeals Mobile App. You acknowledge and agree that LifeWise and daviedeals are not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry. LifeWise and the daviedeals Mobile App may include functionality that allows you to directly locate the merchant’s contact information and return information in order to resolve such inquiry.
While we attempt to be as accurate as we can in our descriptions for the products and services advertised on the daviedeals Mobile App and the promotions, offers and deals shown within the daviedeals Mobile App, we do not warrant that such product descriptions or related merchant promotional information or terms shown within the daviedeals Mobile App are accurate, complete, reliable, current, or error-free. The inclusion of any products or services, or promotions, offers and deals, within the daviedeals Mobile App at a particular time does not imply or warrant that these products, services, promotions, offers or deals will be available at any other time.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the daviedeals Mobile App. We do not guarantee that the daviedeals Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the daviedeals Mobile App will be available in, or that offers or promotions for any products or services can be placed from, any particular geographic location.
Downloading, Installing, or Using the daviedeals Mobile App from Apple App Store and Google Play Store:
The following terms and conditions apply to you if you are using the daviedeals Mobile App from the Apple App Store or Google Play Store. To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this paragraph, the terms and conditions in this paragraph apply, but solely with respect to your use of the daviedeals Mobile App from the Apple App Store or Google Play Store:
• You acknowledge and agree that this Agreement is solely between you and LifeWise, not Apple or Google, and that Apple and Google have no responsibility for the LifeWise Mobile App or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the daviedeals Mobile App.
• In the event of any failure of the daviedeals Mobile App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and if you have paid for such installation of the daviedeals Mobile App, they will refund the purchase price you paid to install the daviedeals Mobile App, if any, to you.
• To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the daviedeals Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
• You and LifeWise acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third party relating to the daviedeals Mobile App or your possession and/or use of the daviedeals Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the daviedeals Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• You and LifeWise acknowledge that, in the event of any third-party claim that the daviedeals Mobile App or your possession and use of the daviedeals Mobile App infringes that third party’s intellectual property rights, LifeWise, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• You must comply with applicable third-party terms of agreement when using the daviedeals Mobile App.
• You and LifeWise acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third party beneficiaries of this Agreement as its relates to your license and use of the daviedeals Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Account Information from Third Party Sites
With the Service, Users may direct LifeWise to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third-Party Accounts”) such as Facebook or their accounts on the websites of specific merchants. LifeWise makes no effort to review the Third-Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. LifeWise is not responsible for the products and services offered by or on third party sites. If your permission settings allow it, LifeWise may import information from your Third-Party Accounts to help better offer the Services to you. LifeWise does not control the policies and practices of any third-party site or service, including any Third Party Accounts you connect to the Services.
LifeWise cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. LifeWise cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
LifeWise and daviedeals Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and the display of “LifeWise Offers,” which are sponsored product or service offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on an offer you may be redirected to the partner’s site, or a specific portion of the daviedealsMobile App dedicated for the partner’s offerings, and your session may be tracked using affiliate cookies.
LifeWise has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, LifeWise will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between participants on our Service, or between users and any third party (including a merchant from whom you purchase a product or services accessed from within the daviedeals Mobile App), you agree that LifeWise is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release LifeWise, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which together with your Login ID, email address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your mobile phone number and email address, you agree to receive all required notices electronically, to that e-mail address and or phone number. It is your responsibility to update or change that address, as appropriate. Notices will be provided in the text of the e-mail, or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the communication we send or on our web sites, on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe” in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify LifeWise immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes. Subject to your compliance with this Agreement, LifeWise hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to use the software and content provided to you as part of the Services (and to download a single copy of the daviedeals Mobile App onto your personal mobile device).
Accurate records enable LifeWise to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that LifeWise, in its sole discretion, may elect to take.
You agree that LifeWise may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant LifeWise a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to LifeWise in any way.
As a part of the LifeWise user community, you agree and authorize LifeWise to collect information about the websites that you visit, if accessed from the daviedeals Mobile App that is used to create a better user experience for you and other LifeWise users. Examples of this type of information includes information about the products or services your browser visits including the current product or service prices and other details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including LifeWise);
b. Violates any law or regulation or this Agreement;
c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
d. Jeopardizes the security of your LifeWise account or anyone else’s (such as allowing someone else to log in to the Services as you);
e. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
f. Violates the security of any computer network, or cracks any passwords or security encryption codes;
g. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
h. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
i. Copies or stores any significant portion of the Content;
j. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
k. Circumvent, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
LifeWise may from time to time provide automatic notifications and voluntary account-related notifications. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.
Automatic notifications may be sent to you following certain changes made online to your LifeWise account, such as a change in your Registration Information. Voluntary account notifications may be turned on by default as part of the Service. LifeWise may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your daviedeals login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
As part of the daviedeals Mobile App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the daviedealsMobile App (“Push Messages”). You acknowledge that, when you use the daviedeals Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the daviedeals Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the daviedeals Mobile App, including your receipt of Push Messages from LifeWise and daviedeals.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other login information, materials and other content to LifeWise and daviedeals through the Service, you are licensing that content to LifeWise solely for the purpose of providing the Service. LifeWise and daviedeals may use and store the content, but only to provide the Service to you. By submitting this content to LifeWise, you represent that you are entitled to submit it to LifeWise for use for this purpose, without any obligation by LifeWise to pay any fees or other limitations.
LifeWise Digital’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to LifeWise or its software or content suppliers. LifeWise grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. If you would like to request such permission, send us an email at info@LifeWiseDigital.com.
Access and Interference
You agree that you will not interfere with, prevent, hinder, or negatively impact the right and ability for other users to use and enjoy our Service.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. LifeWise AND COUPANDA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
LifeWise AND daviedeals MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LifeWise MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. LifeWise does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that LifeWise shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance on an notification.
Limitations on LifeWise Digital’s and daviedeals’ Liability
LifeWise AND daviedeals SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF LifeWise AND/OR COUPANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LifeWise Digital’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF LifeWise AND COUPANDA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Ending your Relationship with LifeWise and daviedeals
This Agreement will continue to apply until terminated by either you or LifeWise as set out below. If you want to terminate your legal agreement with LifeWise and daviedeals, you may do so by closing your account for the Service.
Please use the directions below to cancel your account, only if you have created a User Account.
You may also just uninstall LifeWise and stop visiting our Website and using other Services.
Email accounts@LifeWiseDigital.com to cancel your account. Upon doing so:
• your account will be closed, and your ability to log in deactivated; and
LifeWise may at any time, terminate its agreement with you:
• if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
• if LifeWise in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
• immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
LifeWise and daviedeals may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to LifeWise Digital, Inc., 6 Canterbury Lane, Bluffton, SC 29910.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class-action or class-wide arbitration for any claims covered by this agreement to arbitrate.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND LifeWise ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either LifeWise or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with LifeWise and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to info@LifeWise.net within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with LifeWise under this Agreement, shall be governed by the laws of the State of Delaware in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with LifeWise, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case LifeWise may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, LifeWise can offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with LifeWise, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if LifeWise does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which LifeWise has the benefit of under any applicable law), this will not be taken to be a formal waiver of LifeWise Digital’s rights and that those rights or remedies will still be available to LifeWise.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
LifeWise welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at info@LifeWiseDigital.comor writing us at LifeWise Digital, Inc., 6 Canterbury Lane, Bluffton, SC 29910.