LIFETREE TERMS OF SERVICE

The following terms and conditions (“Terms of Service”) govern your use of the Lifetree website, the Lifetree online homeopathic expert system software and all related data, information, documentation and services provided by the Lifetree website (collectively the “Lifetree Services”). If you do not agree with these Terms of Service or any part of them, then you must not use the Lifetree Services in any way. By using the Lifetree Services you are agreeing to be legally bound by the following Terms of Service, so please read the following carefully before agreeing to use the Lifetree Services.

Lifetree Homeopathic Software Ltd (“Lifetree”) reserves the right to amend, change or update the Terms of Service governing use of the Lifetree Services without notice. Any enhancements, modifications or new features and functionalities of the Lifetree Services shall also be governed by these Terms of Service. Your continued use of the Lifetree Services shall constitute your acceptance of such changes and of the Terms of Service. The latest copy of the Terms of Service can be found at www.life-tree.net/terms_of_service.

The Lifetree Services are provided “AS IS”, without any representations or warranties of any kind. Nothing in the Lifetree Services constitutes, or is meant to constitute advice of any kind, medical or otherwise. You agree to use the Lifetree Services at your own risk.

I. GENERAL DISCLAIMER

Lifetree is an online consulting tool for homeopathic prescription for use by professional homeopathic practitioners. It provides information and suggestions (the “Information”) about hypothetical medical symptoms and homeopathic remedies.

This Information is compiled and calculated based on a wide variety of sources and although we make reasonable efforts to provide accurate and up-to-date information through the Lifetree Services, the information you access through the Lifetree Services is provided “AS IS” and without any warranty, express or implied. Lifetree makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the Information provided through the Lifetree Services and we assume no liability or responsibility for any errors or omissions in the content provided by the Lifetree Services. It is neither feasible nor practicable to confirm the accuracy of every piece of information compiled from the varied sources used and therefore the provided Information should not be considered accurate, correct, complete or exhaustive.

You are urged to cross check the results using other sources as well. Lifetree Information does not cover all disorders or conditions or their treatment, nor all health-related homeopathic issues.

There is nothing in the Lifetree Services that constitutes, or is meant to constitute advice. The Lifetree Services are designed for informational purposes only. Lifetree does not intend for any information provided by the Lifetree Services to be instructional or a substitute for medical diagnosis, treatment, prevention, first aid or emergency medical care.

II. ACCEPTANCE OF TERMS

You hereby agree that by registering with Lifetree, or by using the Lifetree Services you are concluding a legally binding agreement with Lifetree Homeopathic Software Limited. This agreement is governed by the terms and conditions set forth herewithin, including our Privacy Policy and our Pricing Policy which are hereby incorporated by reference (collectively referred to as the “Agreement”). Please read them carefully.

By clicking “I AGREE” while registering with Lifetree or by using the Lifetree Services in any way you acknowledge and accept that you have read and understood the terms of this Agreement and that you agree to be bound by all of its provisions.

If you don’t accept or agree with the terms of the Agreement in their entirety, you must not click “I AGREE” while registering, you must exit and stop using the Lifetree Services in any way.

Lifetree reserves the right to make changes to the Lifetree Services and to this Agreement (including all of its components such as Privacy Policy, Pricing Policy etc) at any time WITHOUT NOTICE TO YOU. Any enhancements, modifications or new features and functionalities of the Lifetree Services shall also be governed by the Agreement. Your continued use of the Lifetree Services shall constitute your complete acceptance of such changes and of the Agreement as posted on the Lifetree website at the time of your access or use. You agree that it is your responsibility to review the terms of this Agreement each time you access the Lifetree Services so that you are aware of any modifications made to this Agreement.

III. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Using the Lifetree Services may require you to open an account (the “Account”). In order to open an account, you should complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. In the process, you will also choose a password and a username / email address.

The username / email address and password for each Account (the “Account ID”) are personal in nature. If you are an individual, your Account ID may be used only by you alone. If you are acting on behalf of an entity or organization, each Account ID may be used only by a single designated individual within your organization.

You are entirely responsible for maintaining the confidentiality of your Account ID and for any and all activities that occur under your account. You agree to notify Lifetree immediately of any unauthorized use of your account or any other breach of security. Lifetree will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Lifetree or another party due to someone else using your account or password.

IV. GRANT OF RIGHT AND LICENSE TO USE THE LIFETREE SERVICES

Subject to your compliance with, and during the term of this Agreement, Lifetree grants you a non-exclusive, personal, non-transferable, non-sublicensable paid up limited license (“License”) to use the Lifetree Services only for your own internal purposes in accordance with this Agreement.

Except as expressly provided in this Agreement, no other right is hereby granted to you. In no event shall you modify, copy, distribute, transmit, display in public, perform, reproduce, duplicate, publish, license, create derivative works from, reverse engineer, transfer, rent, lease or sell in whole or in part any information, software, data or services obtained from accessing or using the Lifetree Services, or attempt to do so.

You shall not be entitled to assign, sub-license, rent, lease or otherwise transfer the License in whole or in part.

V. INTELLECTUAL PROPERTY & OWNERSHIP

The Lifetree Services including, without limitation, software, website structure and organization, algorithms, source code, binary executables, databases, and all text, files, images, graphics, illustrations, information, documentation, data, audio, video, photographs and other content (collectively, "Content") contained in or made available through the Lifetree Services and the structure, selection, coordination, “look and feel” and arrangement of the Content, and any other proprietary data or technology used by or on behalf of Lifetree to provide the Services are the property of Lifetree and/or its licensors and are protected by applicable intellectual property laws.

Lifetree and its licensors retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Lifetree Services and Content and any additions, improvements, updates, and modifications thereto.

The Lifetree name, logo, and the product and service names associated with the Lifetree Services are trademarks of Lifetree and no right or license is granted to you to use them separate from your right to use the Lifetree Services.

Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law.

VI. NO UNLAWFUL OR PROHIBITED USE OF THE LIFETREE SERVICES

As a condition of your use of the Lifetree Services, you shall not use the Lifetree Services or License for any purpose or in any way that is unlawful or prohibited by the terms and conditions of this Agreement.

Without limitation, you shall not, and shall not permit any other third party to:

  1. use or otherwise exploit the Lifetree Services in ways expressly forbidden in Section IV (Grant of Right and License),
  2. use any “deep-link”, “page-scrape”, “robot”, “spider”, web browsing automation tool or other automatic device, program, algorithm or methodology (including, without limitation data mining, data harvesting and data extraction), or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Lifetree Services,
  3. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithm, databases or structure of any portion of the Lifetree Services,
  4. in any way reproduce or circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Lifetree Services,
  5. interfere in any manner with the operation of the Lifetree Services or attempt to gain unauthorized access to the Lifetree Services,
  6. develop, distribute or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the Lifetree Services,
  7. remove, alter or obscure any copyright notice or any other proprietary notice that appears in the Lifetree Services,
  8. use the Lifetree Services in any way that may cause damage to, or impair accessibility to or availability of the Lifetree Services,
  9. use the Lifetree Services in any way connected to fraudulent, illegal, unlawful or harmful activities or aims.

Lifetree upon breach of any of the terms of this Agreement by you, reserves the right to deactivate your Account ID and to bar any prohibited activity, with or without notice to you, at its sole discretion.

VII. TERMINATION

This Agreement will begin as soon as you start using the Lifetree Services in any way and will continue until terminated.

Lifetree may restrict, suspend or terminate this Agreement immediately upon breach of any of its terms or upon any other misuse or abuse of the Lifetree Services that Lifetree deems contrary to its purpose, at Lifetree’s sole discretion and at any time, with or without notice to you.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease, any Account you have established will be closed and you will lose access to the Lifetree Services. Sections V, VI, IX, X, XI, XIV, XV, XVI and all disclaimer and liability limitation sections and clauses shall survive any such termination or expiration.

VIII. PAYMENT TERMS

If you purchase any services that we offer for a fee, either on Pay-Per-Use or subscription basis, you agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts, subject to Lifetree’s Pricing Policy.

Payments made by you through the Lifetree Services cannot be exchanged and are non-refundable. All information that you provide in connection with your billing account and a purchase or other transaction through the Lifetree Services must be accurate, complete and current.

You hereby agree to authorize Lifetree to charge the credit card, debit card, Paypal account or other payment method provided in connection with any transaction through the Lifetree Services.

IX. USER REPRESENTATIONS

To be eligible to use the Lifetree Services, you must meet the following criteria. You hereby represent and warrant that:

  1. you are 18 years of age or older,
  2. you are not currently restricted from the Lifetree Services, and are not otherwise prohibited from having a Lifetree account,
  3. all information you provide to Lifetree in connection with this Agreement is accurate, complete and current,
  4. you are not a competitor or an employee or affiliate of, or associated with, a competitor of Lifetree and you are not using the Lifetree Services for any reason or purpose that is or may be in competition with Lifetree,
  5. you have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party,
  6. you will not violate any rights of Lifetree, including intellectual property rights such as copyright or trademark rights and
  7. you agree to provide at your cost all equipment, software, and internet access necessary to use the Lifetree Services.

X. NO WARRANTIES

The Lifetree Services are provided solely for informational purposes and reliance on their content is purely and solely at your own risk.

LIFETREE PROVIDES THE LIFETREE SERVICES AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFETREE DOES NOT PROVIDE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THE LIFETREE SERVICES.

LIFETREE EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

Without prejudice to the generality of the foregoing paragraphs in this Section, Lifetree does not warrant:

  1. the accuracy, completeness, effectiveness, performance or availability of the Lifetree Services. You will be solely responsible and liable for your use of and reliance on the Lifetree Services and for all decisions or actions resulting from your use of the Lifetree Services, including, but not limited to any decision by you or by anybody else to seek/undergo or refrain from seeking/undergoing any medical diagnosis or treatment,
  2. that your use of the Lifetree Services will be error-free or uninterrupted, timely or secure,
  3. that the results and suggestions obtained from the use of the Lifetree Services or any data or material contained in the Lifetree Services will be accurate, true, reliable, non-misleading or reproducible, or that they will meet your requirements,
  4. that data you have entered into the Lifetree Services will not be lost, corrupted or damaged,
  5. that the homeopathic remedies mentioned in the Lifetree Services will be either available in some countries or legally disposed. You are solely responsible to check the availability of such homeopathic remedies in your country and the eligibility of such remedies in compliance with your country’s applicable legislation.

XI. LIMITATION OF LIABILITY

IN NO EVENT SHALL LIFETREE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE LOSSES OR DAMAGES OF ANY KIND, OR UNDER ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COSTS, DAMAGES OR LIABILITIES RELATING TO YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE LIFETREE SERVICES, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, REVENUES, PROFITS, BUSINESS, DATA, OPPORTUNITY, REPUTATION OR REGISTRATION, COSTS OF COVER OR CAPITAL, DOWN TIME RELATED COSTS, AND ANY SIMILAR COSTS OR DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY (WHETHER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) AND EVEN IF LIFETREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without prejudice to the generality of the foregoing paragraphs about liability limitation, Lifetree further clarifies and states and you understand and accept that:

  • your access to the Lifetree Services is at your own risk and that you are solely responsible for any liability or damage you incur through access to the Lifetree Services.
  • Though Lifetree uses server facilities of the highest calibre, the current state of technology worldwide does not allow for error-free access to the Lifetree Services and interruptions, crashes, and downtime may occur from time to time. As mentioned above, Lifetree does not warrant that the services it provides will function without interruption or errors in functioning. Lifetree disclaims any and all liability for damages caused by any such interruption or errors in functioning. Furthermore, Lifetree disclaims any and all liability for any malfunctioning, impossibility of access, or poor use conditions of the Lifetree Services due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, or for any other reason.
  • Lifetree does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the Lifetree Services. Therefore, Lifetree disclaims any and all liability for identity theft or any other misuse of your identity or information.

Lifetree’s aggregate liability arising from or relating to this Agreement shall in no event ever exceed the amount of (i) your remaining subscription days cost or (ii) 200 euros, whichever is higher.

XII. LINKS TO THIRD PARTY WEB SITES

The Lifetree Services may contain links to other websites. Lifetree is not responsible for the privacy practices or the content of these websites. Your access of any off-site content linked to the Lifetree Services is at your own risk. Please visit the privacy policies of these third party sites in order to understand their privacy and information collection practices.

XIII. LANGUAGE AND COMMUNICATION

You acknowledge and understand that the Terms and Conditions of this Agreement (and all of its components such as Pricing Policy, Privacy Policy etc) are provided in the English language and you agree that you completely understand all said such Terms and Conditions. The Agreement and all documentation and communications required hereunder shall be in the English language only.

XIV. APPLICABLE LAWS AND JURISDICTION

The present Agreement is governed by and interpreted in accordance with the applicable laws of the Hong Kong Special Administrative Region of the People's Republic of China and in case of a dispute arising from or relating to this Agreement, the contracting parties shall submit to the jurisdiction of the courts of Hong Kong and all related documents and communications will be in the English language.

XV. SEVERABILITY

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, it shall be read down to the extent necessary so that it is legal and enforceable. Such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof, which shall remain in full force and effect.

XVI. ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement that shall apply in connection with the subject matter hereof, and there are no other agreements or understanding, written or oral, except as provided herein.

CONTACT INFORMATION

If you have any questions about the Lifetree Services, please contact us at the customer support email provided on our site.