USE OF OUR SERVICE
Life Survivor helps individual users and groups show support to others in the face of personal adversity. Whether you or someone you care about is going through a painful experience, Life Survivor has assembled gifts, inspiration and resources that can help. We offer an online marketplace and you acknowledge that by using the Website and Service, your purchases may be with us or through one of the vendors and suppliers we work.
Life Survivor offers Users the ability to create an account in order to provide and maintain pertinent information about you, such as your first and last name, username and password, credit card information, purchase history, home address, work address, telephone numbers, email addresses, device identifiers or serial numbers, Internet Protocol (IP) address, photographic images, etc. (“Personal Information”). You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service allows you to review, correct or update Personal Information you have provided when you registered for the Service or otherwise by updating your Service account on the Website or, where required by applicable law, provide registration updates and changes by contacting us by email at: firstname.lastname@example.org. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information for business records purposes). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Service, information that you remove may persist internally for our administrative purposes. If you are an individual accessing our Services from Europe, please see your additional rights as set out under below.
User is responsible for all activities conducted under User logins and for Users' compliance with these Terms. User must not use, and must ensure that others do not use, the Service to provide an outsourced service, and may not rent, resell, sublicense, or permit the concurrent use of a single User login. User shall not and shall not permit any other third party to: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Website or Service or any part thereof or otherwise attempt to discover any source code or modify the Website or Service in any manner or form; (b) use the Website or Service for the purpose of building a similar or competitive product or service, (c) obtain unauthorized access to the Service (including without limitation permitting access to or use of the Service via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized Users); (d) use the Service in a manner that is in violation of any third party rights of privacy or intellectual property rights; (e) issue or participate in any press release or other public statement related to this Agreement or the Service without prior written consent of Life Survivor; or (e) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Service. User shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with this Agreement. User shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Service and obtain any permits, licenses and authorizations required for such compliance. User will not use the Service in any manner that is, or may be construed, in our sole discretion, as unlawful, harassing, libelous, defamatory or threatening. User may not, and may not cause or permit others to: (a) use the Service to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; or otherwise violate applicable laws, ordinances or regulations; or (b) perform or disclose any benchmarking, availability or performance testing of the Service.
Except as permitted pursuant to these Terms, no part of the Website or Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. User agrees not to access the Website or Service by any means other than through the interfaces that are provided by Life Survivor. User shall not do any "mirroring" or "framing" of any part of the Website or Service, or create Internet links to the Website or Service which include log-in information, user names, passwords, and/or secure cookies.
Life Survivor does not knowingly collect or solicit information from children under the age of 13 or knowingly allow such persons to sign-up for the Service. However if local laws require that you must be older in order for Life Survivor to lawfully provide the Service then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are between the ages of 13 and 17, or the age of majority in your jurisdiction, you must use the Service under the supervision of your parent, legal guardian or responsible adult. If you are a child under thirty (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
With respect to privacy, the information below sets out the basis on which we will collect, retrieve, access, use, disclose, store or dispose any personal information or usage information we collect from you, or that you provide to us, in connection with your use of the Website and Service regardless of how you access or use them; provided, Life Survivor, and the Service, shall act in compliance with applicable law, including, where applicable, the California Consumer Privacy Act (“CCPA”), Nevada’s Security and Privacy of Personal Information, and the General Data Protection Regulations (“GDPR”). Please read this information below carefully so that you understand your rights in relation to your personal data, and how the Website and Service operating with respect to your personal information.
Unless otherwise provided for herein, our privacy terms do not apply to data collection activities that occur outside of your use of our Service and does not govern the data practices of third-parties that may interact with our Service.
By using the Website and/or Service, you consent to the data practices described in these Terms.
Collecting your personal information
We encourage you to review the privacy statements of websites you choose to link to from Life Survivor so that you can understand how those websites collect, use and share your information. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. Life Survivor is not responsible for the privacy statements or other content on websites outside of our Website.
Using your Personal Information
Life Survivor collects and uses your Personal Information to operate the Website and the Service. Life Survivor may also use your Personal Information to inform you of other products or services available from Life Survivor and its partners. Life Survivor may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Life Survivor may keep track of the websites and pages our users visit within Life Survivor. This data is used to deliver customized content and advertising within Life Survivor to customers whose behavior indicates that they are interested in a particular subject area.
Life Survivor will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the applicable law or comply with legal process served on Life Survivor or the site; (b) protect and defend the rights or property of Life Survivor; and, (c) act under exigent circumstances to protect the personal safety of users of Life Survivor, or the public.
Cookies and Other Information Collected by Automated Means
- To make our Service function properly;
- To provide a secure browsing experience during your use of our Service;
- To collect information about your use of our Service to help us improve and optimize our Service; and
- To remember your preferences for your convenience.
Types of Cookies on Our Services
Types of Cookies on Our Services. We use the following types of cookies on our Service:
- Strictly Necessary Cookies: These cookies are essential because they enable you to move around and use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.
- Functional Cookies. We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
- Performance or Analytic Cookies. These cookies collect anonymous information about how you use our Services. For example, the cookies will collect information about the pages you view or click on while using our Services or if you get an error message from certain pages. We use the information collected by such cookies to improve and optimize our Services. We do not use these cookies to target you with online marketing. You can disable these cookies.
- Advertising or Marketing Cookies. These cookies allow us to deliver relevant marketing and advertisements to you. They collect information about your interactions with our marketing activities (e.g., on the website or via emails) to determine what your interests and preferences are, and how effective such advertising or marketing campaigns are.
- How to Manage Cookies. Depending on whether you would like to manage a first-party or third-party cookie, you will need to take the following steps:
- First-Party (or Paradigm’s) Cookies: You can enable, disable, or delete cookies through the browser you are using to access our Services. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of our Services, and/or parts of the Services may not work properly for you. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
- Third-Party Cookies: You can disable cookies from third parties by using your browser settings or, if available, directly opting-out of cookie collection with the third-party cookie service provider via their website.
We work hard to incorporate commercially reasonable safeguards to help protect and secure all of your information. Information collected by us is stored in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you or to our Customers who you have authorized to receive your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
How Long We Retain Your Information
We will retain your information for as long as we are required in order to provide the Service to you, as required to fulfill our legal obligations (e.g. under applicable law), commitments we made to and on behalf of our customers in order to provide the Service to you, and as required to defend legal claims. After you have terminated your use of our Service, we may store your information in an aggregated and deidentified format.
Users Outside of the United States
- Transfer of Your Information. Our Service is operated in the United States and intended for users located in the United States. While we do not expect to directly market our Service to users outside the United States in any material manner if you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States in order to provide the Service to you. Where the GDPR applies and our processors of your Personal Information are located outside the European Economic Area, such transfer will only be to a recipient country that ensures an adequate level of data protection, or with your explicit consent.
- Additional Rights Provided to EU Individuals.
- Access and Portability: You have the right to ask us to access the information we hold about you, including Personal Information, and be provided with certain information about how we use your such information and who we share it with. Where you have provided your Personal Information to us with your consent, you have the right to ask us for a copy of this data in a structured, machine readable format, and to ask us to share (port) this data to another data controller.
- Right to deletion: In certain circumstances, you have the right to ask us to delete the Personal Information we hold about you:
- where you believe that it is no longer necessary for us to hold your data including Personal Information;
- where we are processing your Personal Information on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing;
- where you have provided your Personal Information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your Personal Information; or
- where you believe the Personal Information we hold about you is being unlawfully processed by us.
- Restriction: In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your Personal Information:
- where you believe the Personal Information we hold about you is inaccurate and while we verify accuracy;
- where we want to erase your Personal Information as the processing is unlawful, but you want us to continue to store it;
- where we no longer need your Personal Information for the purposes of our processing, but you require us to retain the data for the establishment, exercise or defense of legal claims; or
- where you have objected to us processing your Personal Information based on our legitimate interests and we are considering your objection.
In addition, you can object to our processing of your Personal Information based on our legitimate interests and we will no longer process your Personal Information unless we can demonstrate an overriding legitimate ground.
To exercise any of these rights above, please contact us at email@example.com.
Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals, where there are overriding public interest reasons, or where we are required by law to retain your Personal Information.
You can withdraw your consent at any time by contacting us at firstname.lastname@example.org.
- Complaints: In the event that you wish to make a complaint about how we process your Personal Information, please contact us in the first instance at email@example.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to raise a complaint with a relevant supervisory authority.
OPT-OUT & UNSUBSCRIBE
Life Survivor understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Life Survivor by contacting us here: firstname.lastname@example.org.
PURCHASES AND PAYMENT
If you wish to purchase any product or service made available through the Life Survivor website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.
We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Life Survivor will ship all gifts and products purchased through the website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.
You agree to defend, indemnify and hold harmless Life Survivor and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Life Survivor website.
LIMITATION OF LIABILITY
In no event shall Life Survivor, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMERS; NO WARRANTIES
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIFE SURVIVOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LIFE SURVIVOR DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING LIFE SURVIVOR OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
These Terms are governed by the laws of the State of South Carolina without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Life Survivor agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within York County, South Carolina for the purpose of litigating any dispute. We operate the service from our offices in South Carolina, and we make no representation that the service offered is appropriate or available for use in other locations.
Dispute Resolution and Arbitration
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIFE SURVIVOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim (“Arbitration Exclusions”).
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Life Survivor’s address for Notice is: 454 Anderson Road South Suite 100 Rock Hill, SC 29730 (our “Notice Address”), which may change by posting a new address on our Website.
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Life Survivor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you and Life Survivor must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Life Survivor will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Life Survivor in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents are entitled to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact us at our Notice Address or the phone number available on our Web Site. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
NOTICE TO NEVADA RESIDENTS
We may elect to share information about you with third-parties for those third-parties’ direct marketing purposes. Nevada Revised Statutes §§ 603A.300-.360 permits Nevada residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and opt out of the sale of your personal information to third-parties for their direct marketing purposes. If this law applies to you, and you wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a Nevada resident and provide a current Nevada address for our response. To make such a request, please send an email to: email@example.com with “Nevada Privacy Rights” as the subject line or by writing the us at the Notice Address. You must include your full name, email address, and postal address in your request.
CHANGES TO OUR TERMS
To the extent any provision of these Terms is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable. We are, however, not responsible for third-party policies or practices.
QUESTIONS OR COMMENTS
Life Survivor welcomes your questions or comments regarding these Terms. If you believe that Life Survivor has not adhered to these Terms, please contact us via email at: firstname.lastname@example.org.
Our Site is maintained in the United States. By using the site, you authorize the export of personal information to the United States and its storage and use as specified in this policy.
These Terms are effective and were last updated on December 23, 2019.