contain important information about your rights and obligations, and set forth the terms and conditions under
which you may access and use the Service. By accessing, using or registering with the Service, you agree to and
Olumia Life specifically retains the right to charge prospectively in the future for the Service.
BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE
LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
personal, non-exclusive, non-sublicensable, revocable, non-transferable and limited license to access and
use the Service through the Website or by downloading and installing our Applications on a device that you
own or control, subject to any rules, terms and conditions of the App Provider, and in each case solely for
rights in or to the intellectual property of Olumia Life or any other party. In the event that you breach any
Lawful Use of the Service. You represent and warrant that your access to and use of the Service will be in
statutes, ordinances, regulations, contracts and licenses applicable to your access to and use of the
Use by Registered Members. Portions of the Service available to different Registered Members may vary. No
Registered Member has access to all portions of the Service. You agree not to use or access, or attempt to
use or access, any portion of the Service for which you are not intentionally given access by us.
Restrictions. You agree that you will not: (a) display any part of the Service in frames (or any content via
in-line links); (b) reproduce, duplicate, copy, modify, sell, resell, distribute, or otherwise exploit the
Service (or any portion thereof including, without limitation, the database of nutritional information (the
“Food Database”)); (c) create more than one User Account; (d) solicit, harvest or otherwise collect
information about Olumia Life users including, without limitation, email addresses, phone numbers and/or other
personally identifiable information; (e) use any data mining, web crawlers, robots, cancelbots, spiders,
Trojan horses, or any data gathering or extraction method in connection with your use of the Service except
for customary search engines used in accordance with automated instructions directed to search engines and
available on the Service; (f) access content or data not intended for you, or log onto an account that you
are not authorized to access; (g) attempt to probe, scan, or test the vulnerability of the Service, or any
component thereof, or any associated system or network, or breach security or authentication measures
without proper authorization; (h) interfere with or impair, or attempt to interfere with or impair, the use
of the Service by any other user including, without limitation, by means of submitting a virus, overloading,
"flooding," "mail bombing," or "crashing"; (i) use the Service to post or send any unsolicited advertising,
promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of
solicitation; (j) forge any TCP/IP packet header or any part of the header information in any e-mail or in
any uploading or posting to, or transmission, display, performance or distribution by means of, the Service;
or (k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce
to a human-perceivable form the Applications or any software or other products accessible through the
Service, or insert any code or product or manipulate the Service in any way that affects the user’s
experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or
disproportionately large load on the Service. Any violation of this section may subject you to civil and/or
Acceptable Use. You agree that you will not use the Service to (a) "stalk" or otherwise harass any person,
or contact any person who has requested not to be contacted; or (b) impersonate, or otherwise misrepresent
your affiliation, connection or association with, any person or entity.
END USER LICENSE AGREEMENT. When accessing the Service through the Applications that were downloaded from an
app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”),
the App Provider, and that Olumia Life, not the App Provider, is solely responsible for the Applications,
services with respect to the Applications; (c) in the event of any failure of the Applications to conform to
any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase
price for the Applications to you (if applicable), and (ii) to the maximum extent permitted by applicable
law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications;
(d) the App Provider is not responsible for addressing any claims you have or any claims of any third party
relating to the Applications or your possession and use of the Applications, including, but not limited to:
(i) product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal
or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv)
claims by any third party that the Applications or your possession and use of that Applications infringe the
third party’s intellectual property rights; (f) the App Provider, and its subsidiaries, are third party
third party beneficiary thereof; and (g) you must also comply with all applicable third party terms and
conditions when using the Applications.
Olumia Life provides the Service (including the Olumia Life Content and any User Content, as defined below) for
informational purposes only. The Service and the information made available on or though the Service (a)
is not designed to and does not provide medical advice or professional diagnosis, opinion, treatment or
services to you or to any other individual, (b) is not intended nor implied to be a substitute for
medical advice or professional care, and (c) should not be used or relied upon when making medical
decisions or to diagnose or treat a medical or health condition. Neither the Service nor the information
made available on or through it have been evaluated by the Food and Drug Administration. You assume full
responsibility for how you choose to use the Service and the information made available on or through
YOU HEREBY AGREE THAT, BEFORE USING THE SERVICE, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU
ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET. If you have or suspect you may
have a health problem, you should consult your health care provider. Never disregard medical or
professional advice, or delay seeking it, because of the Service. Never rely on the Service in place of
seeking professional medical advice. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL A PHYSICIAN
OR 911 IMMEDIATELY.
Olumia Life is not a medical provider and Olumia Life does not provide medical services or render medical
advice. YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND OLUMIA LIFE.
NO LIABILITY FOR USER CONTENT OR OLUMIA LIFE CONTENT
“Olumia Life Content” is any content, materials or information (e.g., any text, information, photos, images,
video, and other content and material, including nutritional information contributed to the Food Database)
that any Olumia Life Party uploads or posts to, or transmits, displays, performs or distributes by means of, the
Service. “Olumia Life Content” may include opinions, advice, and statements, exercise data, and nutritional
"User Content" is any content, materials or information (e.g., any text, information, photos, images, video,
and other content and materials, including information contributed to the Food Database) (1) that a
Registered Member uploads or posts to, or transmits, displays, performs or distributes by means of, the
Service, whether in connection with his/her use of the Website, Applications, or through the use of any
Third-Party Service, Third-Party Software or otherwise, and (2) Tracker Account Information (as defined
below). “User Content” may include opinions, advice, and statements, exercise data, and nutritional
information, and information or other content uploaded, submitted, posted, displayed, performed, or
distributed via a Public Forum.
A "Public Forum" is any area, site or feature offered as part of the Service (including, without limitation,
public profiles, discussion forums, message boards, blogs, chat rooms, or email or instant messaging
features) that enables you to upload, post, transmit, display, perform or distribute User Content to make it
accessible to other Registered Members.
No guarantees/responsibility. The authors of any opinions, advice, statements, and other information
contained on the Service are solely responsible for such content. OLUMIA LIFE DOES NOT (I) GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER CONTENT OR OLUMIA LIFE CONTENT; OR (II) ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH USER CONTENT OR OLUMIA LIFE CONTENT. UNDER NO
CIRCUMSTANCES WILL OLUMIA LIFE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY USER CONTENT OR OLUMIA LIFE
CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION IN THE FOOD DATABASE AND/OR ANOTHER USER’S PUBLIC
PROFILE), INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE THEREON OR FOR ANY
OLUMIA LIFE CONTENT OR USER CONTENT THAT IS FOUND TO BE INACCURATE, OFFENSIVE, OR OTHERWISE OBJECTIONABLE.
Tracker Account Information. If you would like information from your account with any Third-Party Service
(which may include, without limitation, information regarding your lifestyle, activity, fitness, diet,
nutrition, sleep, and weight loss/gain, and other health and demographic data, and may be referred to as
“Tracker Account Information”) to be available via the Service, you shall (a) use the Service to designate
the Third-Party Service from which you would like Tracker Account Information to be collected; and (b)
authorize each such Third-Party Service to allow Olumia Life and its service provider, Motivation Science, Inc.,
to collect your Tracker Account Information for use with the Service. You acknowledge and agree that all
Tracker Account Information may be used and disclosed by Olumia Life in accordance with the terms of its privacy
policy. You shall not (i) use any services provided by Motivation Science, Inc. via the Service (e.g., the
feature by which you may make Tracker Account Information available via the Service) for any other purpose,
or (b) use the Service to access, or attempt to access, any Tracker Account Information of any third party.
Log-in information. By submitting passwords, usernames and other log-in information used to access your
accounts with Third-Party Services (collectively, “Log-in Information”), you are licensing that Log-in
Information to Olumia Life for the purpose of providing the Service, and granting to Olumia Life the right to use
and store such Log-in Information to provide the Service to you. By submitting Log-in Information to
Olumia Life, you represent that you are entitled to submit it to Olumia Life for use for the purposes described in
Service, you expressly authorize Olumia Life to access Tracker Account Information contained in your accounts
with the Third-Party Service for which you submit Log-in Information.
When you add Log-in Information for Third-Party Service, the Service will use such Log-in Information to
retrieve Tracker Account Information and make it available to you via the Service and to us. You hereby
authorize and permit Olumia Life to use and store Log-in Information submitted by you to the Service to
attorney, and appoint Olumia Life as your attorney-in-fact and agent, to access Third-Party Service, and
retrieve and use your Log-in Information, with the full power and authority to do and perform each thing
necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT
WHEN OLUMIA LIFE IS ACCESSING AND RETRIEVING INFORMATION FROM Third-Party SERVICE, OLUMIA LIFE IS ACTING AS YOUR
AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
License. You hereby grant Olumia Life and its officers, directors, members, employees, agents, affiliates,
representatives, service providers, partners, licensees, successors, and assigns (collectively, the "Olumia Life
Parties") a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy,
distribute, publish, transmit, publicly display or perform, edit, modify, translate, create derivative works
from, and otherwise use your User Content on and in connection with the Service or any other similar
services or related business, in any medium now existing or later devised including, without limitation, in
advertising and publicity. You acknowledge and agree that this license includes the right for the Olumia Life
Parties to publish, display or otherwise use and make publicly available your name and/or username in
connection with your User Content.
Waiver. You agree to waive, and hereby waive, any claims arising from or relating to the Olumia Life Parties’
exercise of the rights granted to them, including, without limitation, any claims relating to rights of
privacy and publicity. You will not be compensated for any exercise of the license granted under this
Representations & Warranties. You represent and warrant that (i) you own all rights, title and interest in
and to your User Content, or are otherwise authorized to grant the rights granted to the Olumia Life Parties,
and (ii) your User Content does not infringe the intellectual property or other rights of any third party.
Restrictions on User Content. You agree not to upload, post, transmit, display, perform or distribute any
User Content that (i) is unlawful, threatening, abusive, libelous, defamatory, racist, obscene, vulgar,
pornographic, profane, false, hateful, violent, harassing, indecent or otherwise objectionable to Olumia Life in
its sole and absolute discretion; (ii) contains false, fraudulent, deceptive or misleading statements or
information; (iii) threatens, or that may incite or encourage, physical harm against another; (iv) promotes
or glamorizes illegal activity; (v) infringes, misappropriates or otherwise violates a patent, copyright,
trademark, or other intellectual property right of another; (vi) violates the privacy or other proprietary
rights of another; or (vii) violates any applicable law, rule, regulation or ordinance, or encourages such
No Liability for User Content. You are solely responsible for any User Content that you upload, post,
transmit, display, perform or distribute via the Service including, without limitation, by means of any
Public Forum, and any resulting violation of any applicable law, rule, regulation or ordinance, or any third
party right. We shall not be liable for the use or misuse of any such User Content, including, without
limitation, any personally identifiable information. You acknowledge that we have no obligation to screen
User Content uploaded or posted to, or transmitted, displayed, performed or distributed via the Service.
Removal of User Content. Olumia Life may, in its sole discretion, refuse, remove or disable any content,
including User Content, that is available via the Service, at any time, with or without notice to you.
Without limiting the generality of the foregoing, we may remove any User Content from the Service that
Public Forums. You acknowledge that Public Forums, and features contained therein, are for public and not
private communications. You further acknowledge that any User Content you upload, post, transmit, display,
perform or distribute by means of any Public Forum may be viewed on the Internet by others, and therefore,
you have no expectation of privacy with regard to any such User Content. You agree to abide by any rules and
other guidelines of Olumia Life when uploading, posting, transmitting, displaying, performing or distributing
any User Content to or via any Public Forum. Olumia Life has no duty to monitor any Public Forums.
Accurate Information. You represent and warrant that all of your User Content will be current, complete and
accurate, and that you will update that content as necessary to maintain its completeness and accuracy.
Information transmitted on the Internet and/or stored on systems attached to the Internet such as ours
is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of
such information. We will not be responsible for disclosure of any information due to errors in
transmission or the unauthorized acts of third parties.
User Accounts. If you successfully register with our Service, you will be considered a "Registered Member"
of and will have a "User Account" for the Service. You shall not use the User Account, user name, or
password of any other person at any time.
Protecting Your User Account. You may not authorize any other person to access and/or use your User Account.
Accordingly, you agree to protect your username and password by, among other things, keeping your username
and password confidential. You, not Olumia Life, will be responsible for all use of your User Account, including
any losses incurred by the Olumia Life Parties as a result of the use or misuse of your User Account, whether
with or without your knowledge. You agree to (a) immediately notify us of any unauthorized use of your
password or any other breach of security, and (b) ensure that you exit from your User Account at the end of
Term and Termination, SUBSCRIPTIONS & FEES
Version. Olumia Life may, from time to time, offer a version of the Service at no charge.
Trial, Subscription and Renewal Periods. Olumia Life may, from time to time, offer a free trial (the “Free
Trial”) to new Registered Members. Any Registered Member that does not wish to obtain a Subscription after
the end of the Free Trial should terminate its Free Trial at any time before the end of the Free Trial.
In the event that a Registered Member does not terminate its Free Trial before the end of the Free
Trial, a regular subscription to use the Service (each a “Subscription”) shall automatically commence at
the end of the Free Trial and shall continue for the length of time selected by Registered Member when
registering with the Service (such length of time is the “Subscription Period”); subject, however, to
renewal and earlier termination as provided herein.
In the event that a Registered Member does not receive a Free Trial, but purchases a Subscription, such
Subscription shall continue for the length of time selected by Registered Member when registering with
the Service (such length of time is the “Subscription Period”), subject, however, to renewal and earlier
termination as provided herein.
Upon the expiration of the Subscription Period and each Renewal Period, if any, the term of the
Subscription shall automatically renew for successive periods of time equal to (1) the length of the
initial Subscription Period, or (2) in the event that Registered Member selects a different length of
time, and Olumia Life agrees to such selection, the agreed upon length of time. Each such period is a
Fees. You shall pay any fees applicable to your purchase of an Application and/or your Subscription through
the App Provider, unless Olumia Life instructs you otherwise. All payments shall be made in accordance with the
terms and conditions of the applicable App Provider or payment processor.
Termination by you. You may cancel your Free Trial or Subscription by using the mechanisms provided by the
App Provider or, if available, mechanisms provided by Olumia Life.
Suspension of Subscription by Us. Olumia Life may, in its sole discretion, suspend your Subscription or Free
Trial, at any time, with or without notice and for any reason (or no reason) including, without limitation,
for non-payment or delinquency in payment of any fees; if we believe that you are infringing, or have
infringed, the intellectual property rights of others or are aiding or threatening, or have aided or
have posted User Content that is objectionable. Any suspension by us shall be effective on the date
specified in our notice to you, if any, or, if no notice or date is provided, shall be effective
immediately. You agree that, if your Subscription or Free Trial is suspended, you will not thereafter enter,
or attempt to enter, the Service, directly or indirectly, until your suspension is removed and Olumia Life gives
you express notice thereof. In the event that Olumia Life suspends your Subscription, you are responsible for
contacting the App Provider to suspend payments of any applicable fees.
Effect of Expiration, Termination or Suspension. Upon expiration or termination of your Subscription or, in
the event that you do not obtain a Subscription, upon expiration or termination of your Free Trial to use
the Service: (a) you lose access to the Service, and (b) Olumia Life may, in its sole discretion, delete all
information and content (including, without limitation, User Content) in your User Account. Notwithstanding
the foregoing, Olumia Life reserves the right to retain and use such information and content as necessary to
other authorization to use the Service has been terminated, Olumia Life may exercise whatever means it deems
necessary to prevent your unauthorized use of the Service including, without limitation, technological
barriers such as IP blocking and direct contact with your Internet Service Provider.
YOUR INTERACTIONS WITH OTHER MEMBERS & RELEASE
You are solely responsible for your interactions with other users of the Service. You acknowledge that
Olumia Life does not in any way: (A) screen or inquire into the backgrounds of its members, or (B) review or
verify the User Content including, without limitation, information or representations contained in
public profiles or Public Forums.
In the event that you have a dispute arising from your use of the Service with any other user of the
Service, you release the Olumia Life Parties from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such dispute. If you are a California resident, you waive California
Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release, which if known by him
or her must have materially affected his or her settlement with the debtor." Whether or not you are a
California resident, you waive and relinquish all rights and benefits under any legal principle with the
similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted
above in this Section 11.
SWEEPSTAKES, CONTESTS AND GAMES.
If Olumia Life conducts a sweepstake, contest, or game on the Service, the applicable rules will be
accessible through a hypertext link on the page where the sweepstake, contest or game may be located. By
entering or participating in any sweepstake, contest or game, you agree to be subject to those rules.
Read the rules carefully before entering or participating.
Links to External Sites. Olumia Life may provide hyperlinks to other web sites and Internet resources operated
by parties other than Olumia Life ("Third-Party Websites"). Olumia Life has not reviewed and has no control over
such Third-Party Websites or their privacy policies. Such hyperlinks are provided for your reference only.
The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of
the material on such web sites or with their operators. Olumia Life makes no representations or warranties
regarding any content on Third-Party Websites.
Linking to the Service. Subject to the further provisions of this section, Olumia Life welcomes links to the
Service from other web sites. If Olumia Life demands that you not link to the Service, or any portion of the
Service, you agree that you will not, directly or indirectly, link to the Service or such portion of the
Service as directed in our demand, at any time after such demand is made.
Certain features, aspects, products and services offered through the Service are provided, in whole or
in part, by third parties (each a "Third-Party Service" as provided by a "Third-Party Service
Provider"). In order to use Third-Party Service, you may be required to agree to additional terms and
conditions of the applicable Third-Party Service Provider. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO
BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE APPLICABLE THIRD-PARTY SERVICE.
Third-Party Service Provider may collect and use certain information about you, as specified in that
The Service may utilize or include Third-Party Software that is subject to third party license terms
("Third-Party Software"). You acknowledge and agree that your right to use such Third-Party Software is
subject to and governed by additional terms and conditions applicable to such Third-Party Software. In
licenses, the terms of the third party licenses shall control with regard to your use of the relevant
Modifications to the Service. For the avoidance of doubt, Olumia Life may modify, suspend, discontinue and/or
restrict the use of all or any portion of the Service at any time for any reason (or for no reason) and
without notice or liability.
General. Except for Olumia Life Content, User Content and content that is in the public domain, the Service
(including, without limitation, the source an object code and the format, directories, queries, algorithms,
and structure thereof) and all content, as well as the selection and arrangement of the content, is owned by
(or licensed to) Olumia Life or its licensors or suppliers and is protected by copyright, trade dress,
trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part
rights in and to the Service and content are expressly reserved by Olumia Life.
Trademarks. YOU+, Olumia Life, olumialife.com and the Olumia Life logo (collectively, the "Olumia Life Marks") are
trademarks or registered trademarks of Olumia Life. Other trademarks, service marks, graphics, logos and domain
names appearing on the Service may be the trademarks of third-parties. Neither your use of the Service, nor
otherwise use, the Olumia Life Marks or any third-party or other trademarks, service marks, graphics, logos or
Copyrighted Materials; Copyright Notice. All Olumia Life Content available through the Service, including,
without limitation, the Olumia Life logo, design, text, graphics, and other files, and the selection,
arrangement and organization thereof, are either owned by Olumia Life or are the property of Olumia Life’s licensors
Policy, Notices and Procedures Regarding Claims of Copyright Infringement. Olumia Life respects the intellectual
property rights of others. If you believe that your work has been copied and is accessible on the Service in
a way that constitutes copyright infringement, you may notify our agent as provided in this Section 9.3.
Pursuant to Title 17, United States Code, Section 512(c)(2), Olumia Life designates Copyright Agent as its agent
designated to receive notification of claimed copyright infringement (“Designated Agent”). The address of
the Designated Agent is 13397 Lakefront Drive, St. Louis, Missouri, 63045. The telephone number of the
Designated Agent is 310.975.8577. The facsimile number of the Designated Agent is 314.739.0701. The email
address of the Designated Agent is firstname.lastname@example.org.
We may terminate your use and access to the Service (including your User Account) if we believe that you
are infringing the intellectual property rights of others or are aiding or threatening such
Disclaimer of Warranties. You acknowledge and agree that your use of the Service is at your sole risk. The
Service is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. Neither the Olumia Life Parties
nor any Third-Party Service Provider, licensor or supplier makes any representations or warranties relating
to the Service including, without limitation, representations or warranties that (a) the Service shall meet
your requirements, (b) the operation of the Service will be uninterrupted or error free, (c) the Service
will be secure; (d) any defects in the Service will be corrected; or (e) any User Content and/or Olumia Life
Content is accurate or complete. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON BEHALF OF THE OLUMIA LIFE
PARTIES AND ITS THIRD-PARTY SERVICE PROVIDERS AND LICENSORS, OLUMIA LIFE HEREBY DISCLAIMS ANY AND ALL WARRANTIES
AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR
NOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH
PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
OLUMIA LIFE FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND
NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
USE OUTSIDE OF UNITED STATES. Olumia Life makes no representation that the Service is appropriate or available
for use outside of the United States. Users who access the Service from outside the United States of America
bear all responsibility for compliance with local laws, as applicable. You agree to abide by U.S. and other
applicable export control laws and agree not to transfer the Applications to a foreign national or national
destination, which is prohibited by such laws, without first obtaining, and then complying with, any
requisite government authorization. You certify that you are not a person with whom Olumia Life is prohibited
from transacting business under applicable law. You represent and warrant that you are not located in a
country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as
a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or
YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA. THE OLUMIA LIFE PARTIES, THIRD-PARTY SERVICE PROVIDERS
AND OLUMIA LIFE’S LICENSORS ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE
OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY COMPUTER, DEVICE OR USER CONTENT.
THE WEBSITE, APPLICATIONS AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS THAT MAY
RESULT IN THE LOSS OF YOUR USER CONTENT AND/OR OTHER DATA. IT IS YOUR RESPONSIBILITY TO BACKUP YOUR USER
CONTENT AND ANY OTHER DATA THAT YOU WISH TO RETAIN.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE OLUMIA LIFE PARTIES OR OLUMIA LIFE’S THIRD PARTY SERVICE PROVIDERS OR
LICENSORS BE LIABLE FOR ANY (A) PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS OR WRONGFUL DEATH, OR
(B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY
WEBSITE AND/OR SERVICE, AND/OR THIRD PARTY WEBSITES, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY
FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS
AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Olumia Life’s total
Service, whether for breach of contract, in tort or otherwise, exceed fifty dollars ($50).
ALLOCATION OF RISK. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE
ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OLUMIA LIFE AND YOU. THE
WEBSITE, APPLICATIONS AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
INDEMNITY BY YOU
hold harmless the Olumia Life Parties and Third-Party Service Providers from and against any and all
liability and claims, actions, demands, causes of action and other proceedings including, but not
limited to, reasonable attorneys’ fees and court costs, arising out of or relating to: (a) your breach,
your User Content; (d) your violation or alleged violation of any applicable law or regulation; and/or
(e) your violation or alleged violation of any third party’s copyrights, trademarks, or other
intellectual property or proprietary rights.
GOVERNING LAW; JURISDICTION AND VENUE
States and the laws of the State of Missouri, without giving effect to the conflict of law provisions
thereof and excluding any application of the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. You consent to exclusive
jurisdiction and venue in the federal courts sitting in St. Louis, Missouri, unless no federal subject
matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state
courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the maximum extent
permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of
any such proceeding brought in such a court and any claim that any such proceeding brought in such a
court has been brought in an inconvenient forum. You acknowledge and agree that any cause of action that
year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
give any notice by email sent to the most recent email address, if any, provided by you to Olumia Life. You
acknowledge and agree that any notice received from Olumia Life electronically satisfies any legal
requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL
ADDRESS ON FILE WITH OLUMIA LIFE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON
THE SENDING BY OLUMIA LIFE OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Olumia Life by means of:
(1) U.S. mail, postage prepaid, to Olumia Life, 13397 Lakefront Drive, St. Louis, Missouri, 63045; or (2)
email to: email@example.com. Notice to Olumia Life shall be effective upon receipt of notice by Olumia Life.
By using the Service, you consent to the collection, use and disclosure of certain information about
rules, policies and procedures regarding the Service, in other languages for your convenience. Please
note that the English language version of these documents is the version that governs your use of the
Service and in the event of any conflict between the English language version and a translated version,
the English language version will control.
Service and supersede all prior and contemporaneous agreements and understandings regarding such subject
be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in
accordance with the applicable law as nearly as possible to reflect the original intention of the
in any one instance, will not waive such term or condition or any subsequent breach thereof. Olumia Life may
all of your rights and obligations hereunder will not be assignable or transferable by you without the
of the parties, their successors and permitted assigns. You acknowledge and agree that any actual or
you would cause irreparable injury to Olumia Life and Olumia Life’s licensors and suppliers, and would therefore
entitle Olumia Life or Olumia Life’s licensors or suppliers, as the case may be, to injunctive relief. The
Service, you acknowledge and agree that if Olumia Life prevails in such suit Olumia Life shall be entitled to
recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the
Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms