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ATTENTION VERIZON CUSTOMERS

Your use of LimeLife Applications is subject to the terms and conditions of the Verizon Customer Agreement, your Calling Plan and Get It Now terms of use including the Get It Now License Agreement, which can be found at http://www.vzwshop.com/popups/licenseagreement_popup.aspx.

LIMELIFE TERMS OF USE

PLEASE READ CAREFULLY. Your use of the LimeLife, Inc. (“LimeLife”) web site at www.limelife.com (the “Site”) and of any LimeLife software product (“Software”) constitutes your agreement to abide by the terms and conditions published on the Site, and LimeLife’s Privacy Policy (collectively, the “Terms of Use”). If you do not agree to these Terms of Use, you may not use the Site or the Software.

LimeLife reserves the right, at our discretion, to change, update or modify these Terms of Use at any time by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. Please check these Terms of Use periodically for changes. Your continued use of the Site and/or the Software following the posting of changes constitutes your acceptance of those changes.


Proprietary Rights

Site Content. All content that is made available to view and/or download in connection with the Site (“Site Content”) is the copyrighted work of and is owned by LimeLife and/or its licensors, as applicable, and is protected by copyright laws and international treaty provisions. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any Site Content (including, without limitation, Site Content that LimeLife enables you to download) without the express written permission of LimeLife and the copyright owner.

Software. The Software, and any copies thereof, and all copyrights, trademarks, patents, trade secrets and/or any other proprietary rights therein (collectively, “Intellectual Property”) are owned by LimeLife and/or its licensors and are protected by U.S laws and international treaty provisions. Your limited rights to use the Software are described below.

Reservation of Rights. All rights not expressly granted to you herein are reserved. You acknowledge that the Site Content and Software are licensed, and not sold, by LimeLife and/or its licensors, as applicable, and that LimeLife and/or its licensors, as applicable, shall retain all right, title and interest in and to the Site Content and Software, and all Intellectual Property rights therein.


Software License

Grant of Rights. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“EULA”) . You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the EULA terms.

For any Software that is not accompanied by a EULA, LimeLife and/or its licensors, as applicable, hereby grant to you a nonexclusive, nonsublicensable, revocable, limited license, subject to these Terms of Use, to use the Software on your compatible device solely for your own non-commercial use.


Restrictions

You may copy the Software only for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Software.

Except as specifically provided herein, any modification, reproduction or redistribution of the Software is expressly prohibited. You may not sell, resell, transfer, sublicense, rent, lease or lend any portion of the Software, or translate, modify, copy, reverse engineer, decompile, disassemble, attempt to discover the source code of the Software, or create derivative works of the Software.

You may not use the Software during certain activities, such as operation of a motor vehicle, where there exists a significant risk of accident or injury resulting from the distraction created by such use. You acknowledge that any such use is a violation of these Terms of Use and is at your sole risk. LimeLife will not be responsible for any damages of any kind resulting from such use.

You acknowledge that the Software, and any accompanying documentation or technical information, may be subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and that you will act in compliance with any such export control laws and regulations.

No Warranty

THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LIMELIFE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, LIMELIFE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE ACCESS TO, THE OPERATION, OR THE FUNCTIONS CONTAINED IN THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE OR THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL LIMELIFE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA, LOST REVENUE, OR LOST PROFITS, OR FOR ANY CLAIM BY ANY THIRD PARTY WITH RESPECT TO THE SITE OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LIMELIFE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF LIMELIFE FOR ALL DAMAGES EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The disclaimers and limitations set forth above will apply regardless of whether you accept the EULA, if any, that accompanies the Software.


Privacy

LimeLife is dedicated to protecting your personal information. See our Privacy Policy for more information.

Third Party Sites

The Site may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under the control of LimeLife and LimeLife is not responsible for the availability, contents, or performance of any Linked Sites.

LimeLife is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LimeLife of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites’ administrators.

Carrier Transactions and Charges

Your dealings with any wireless, telecommunications, or other carrier (“Carrier”) in connection with the Site or the Software, including payment for and delivery of any Software, participation in any promotions offered by any Carrier, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. LimeLife shall not be responsible or liable for any part of any such dealings or promotions.

You are solely responsible for, and LimeLife will not have any liability to you for, any access or usage charges charged by a Carrier related to any device that you use to access the Site or use the Software, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, “smartphones” and other devices, whether wireless or wireline.

Trademarks

“LimeLife”, the LimeLife logo, Word Heaven”, “Girls’ Night Out”and other related marks are trademarks of LimeLife, Inc. and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Indemnification

You agree that you will be personally responsible for your use of the Site and the Software, and that you will indemnify, defend and hold harmless LimeLife, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred in connection with your use or alleged use of the Site and/or the Software, your violation of these Terms of Use, and/or any disputes or issues between you and any Carrier. LimeLife reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LimeLife’s defense of such claim.

Law and Jurisdiction

LimeLife operates the Site from its offices in Menlo Park, California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject LimeLife to any specific jurisdiction.

General

These Terms of Use are governed by the laws of the State of California. Any claim related to these Terms of Use, or the use of the Site or the Software, shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. You hereby irrevocably consent to the exclusive jurisdiction of courts of the State of California located in the county of San Mateo in all disputes arising out of or relating to the use of the Site and/or the Software. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LimeLife as a result of this agreement or use of the Site and/or the Software. LimeLife’s compliance with these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of LimeLife’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or the Software or information provided to or gathered by LimeLife with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and LimeLife with respect to the Site and/or the Software, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LimeLife with respect to the Site and/or the Software. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.