1) INTRODUCTION Lookback offers a subscription-based service that allows members to share and access memory-related content provided over the Internet via an app (“Lookback Services”). By using the Lookback Services you have accepted these terms of service. If you do not agree to these terms, you may not use the Lookback Services. These terms of service also incorporate the requirements of our privacy policy and any particular Lookback Services posted guidelines or policies. In our sole discretion, we may modify these terms of service without notice. By using the Lookback Services you agree to any modifications. We recommend that you review these terms of service prior to each use of the Lookback Services. The Lookback Services are not available to persons under the age of 13. If you are under the age of 13, you may only use the Lookback Services for children series under the supervision of your parent or legal guardian, who agrees to be bound by these terms of service. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Lookback Services if your parent or legal guardian agrees to be bound by these terms of service. The Lookback Services are also not available to any users previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction. BY USING THE LOOKBACK SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN THESE TERMS OF SERVICE CONTAINED IN SECTION 9. 2) MEMBERSHIP Subscription. Your Lookback subscription will continue and automatically renew until terminated. To use the Lookback Services you must have Internet access, a device that can utilize the Lookback Services and a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third party charges and taxes when receiving the Lookback Services through your smartphone or other mobile device. FreeTrial. Your Lookback Services may start with a free trial period. Any free trial period is at the sole discretion of Lookback and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We will charge you a subscription fee upon expiration of your free trial period.To view the subscription price, please access your account information when you login for the Lookback Services.Account. To have a subscription you will need to open a user account. You will be asked to provide us with certain information such as an email address or Apple ID. You are solely responsible for maintaining the confidentiality of your account, your email address andApple ID. You will be assigned a one-time PIN code upon each login instance.Please make sure the information you provide to us at all times true, accurate, current, and complete to the best of your knowledge. You may not sell, share, or provide access to your account to anyone else, including without limitation ,charging anyone for access to your account. Cancellation. You can cancel the Lookback Services at any time. However, you will continue to have access to the Lookback Services through the end of your subscription period. To cancel your subscription, please login into your account. CommunicationPreferences.With your subscription, you consent to receive communications by email or text.You may stop receiving emails by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to nate@lookback.life.
3) CONTENT AND LICENSING All content, trademarks, logos, information, and any other materials of the Lookback Services are the property of Lookback and are protected by intellectual property laws. By using the Lookback Services you are granted a limited license for personal use only. You are not permitted to resell, distribute, publicly display, modify, make derivative uses of, or otherwise use the Lookback Services other than for their intended personal use. If you violate any terms of these services, we may terminate or suspend you from using the Lookback Services at any time. 4) THIRD PARTY WEBSITES In connection with providing the Lookback services, we may provide links to third party websites as a convenience to you. If you use these links, you will leave the Lookback Services and your dealings will solely be with the third-party websites. You agree that Lookback is not be responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.
5) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOUR USE OF THE LOOKBACK SERVICES IS AT YOUR SOLE RISK. THE LOOKBACK SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOOKBACK AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND BUSINESS PARTNERS(COLLECTIVELY, “LOOKBACK AND ITS AFFILIATED PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. LOOKBACK AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE LOOKBACK SERVICES WILL (I)MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III)BE ACCURATE OR RELIABLE, OR (IV) BE CORRECTED OF ANY ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOOKBACK SERVICES ISDONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TOTHE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL LOOKBACK OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, ORANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY,SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6) SERVICE USAGE;TERMINATION OF USAGE You agree to use the Lookback Services only for lawful purposes and that you are solely responsible for your use of the Lookback Services. You further agree that you will not access the Lookback Services by any means except through the interface provided, or designed, by Lookback. If you provide any information that is false or inaccurate, or Lookback has reasonable grounds to suspect that such information is false or inaccurate, Lookback has the right to prohibit any use of the Lookback Services by you.You agree that you are not accessing the Lookback Services from any territory where it is illegal to do so. If you reside outside the United States and use the Lookback Services, you do so on your own initiative and are responsible for compliance with all laws.ThisAgreement may be terminated by Lookback at any time. You also agree that Lookback may terminate or suspend your access to the Lookback Services, without notice, for any conduct that Lookback, in its sole discretion, believes violates thisAgreement, violates any law or is harmful. You may terminate this Agreement at any time, provided that you discontinue any further use of the Lookback Services and destroy any downloaded materials. Lookback reserves the right at any time to modify or discontinue, temporarily or permanently, the Lookback Services, with or without notice.
7) INDEMNIFICATION You agree to indemnify, defend and hold harmless Lookback and its AffiliatedParties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from your breach of this Agreement. 8) APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules.
9) MISCELLANEOUS Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.EntireAgreement.This Agreement, including the Privacy Policy and any other policies incorporated herein, constitute the entire and only agreement between Lookback and you. This Agreement supersedes any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding thisAgreement or the Lookback Services.NoWaiver. The failure of Lookback and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 10) CONTACT INFORMATION If you have any comments, questions, or concerns regarding this Agreement or the Lookback Services, please contact us at nate@lookback.life. We will address any issue to the best of our abilities as soon as possible.