You may not use the Service and may not accept the Terms if you are not of legal age to form a binding contract with Life’s a Gift.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any portion of this document shall be held as invalid, it is agreed that the balance shall continue to be in full force and effect. You submit Venue for any legal action shall be in the state and federal courts seated in Fort Bend County, Texas.
Life’s a Gift events and associated activities, including but not limited to, in-person and online video classes, and outdoor activities (collectively “Activities”) necessarily require physical exercise or activity. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of bodily injury, or even death, inherent to any physical activity, including Life’s a Gift Activities and that additionally certain medical conditions may be aggravated or made worse by physical activity (collectively “Risks“). By voluntarily participating in Life’s a Gift Activities you assume any and all Risk incidental to the use of videos and any other services offered by Life’s a Gift, including but not limited to the foregoing Risks and the way you perceive and utilize the information conveyed in the Life’s a Gift Activities. You hereby agree to indemnify and hold harmless Life’s a Gift from any liability, claims, demands, actions and causes of action which are in any way connected to your participation in an Activity, or use of Life’s a Gift facility or equipment, including any such claims which allege negligent acts or omissions of Life’s a Gift.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS SHALL BE AT YOUR OWN RISK. THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE LIFE’S A GIFT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. YOU UNDERSTAND THAT LIFE’S A GIFT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. LIFE’S A GIFT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND/OR USE OF THE MATERIALS. You hereby agree to defend, indemnify and hold Life’s a Gift and the Third Party Providers harmless from, and you covenant not to sue Life’s a Gift or the Third Party Providers for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Site or the Materials.
Life’s a Gift does not warrant or make any representations concerning the accuracy, likely results or reliability, of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this Site. Life’s a Gift assumes no liability or responsibility for any errors or omissions in the content of the Site. Certain (hypertext) links in this website will lead to websites that are hosted by other parties. When you click on any of these links you leave this website, and we have no control over and accept no responsibility or liability in respect of the material on any website which is not under our control. You should be aware that the terms and conditions and privacy policies of such third-party sites may be different from those applicable to this website. You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Life’s a Gift shall not be liable for any damages of any kind related to your use of this Site. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service. The Site does not provide medical advice. The Contents and other materials contained on the Site are for informational purposes only. The content is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Life’s a Gift Site.
Termination. Life’s a Gift may terminate or suspend all services and your account immediately without prior notice or liability, for any reason whatsoever at our discretion, including without limitation if you violate the Terms. If you wish to terminate your account you can stop using the service or close your account. Upon termination your right to use the services and access the Site or Content will immediately cease. All provisions of the Terms which by their nature and context is intended to survive termination will survive such termination including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to indemnify and hold Life’s a Gift and each of its directors, agents, sponsors, participants, and all persons acting in any capacity on its behalf, as well as its successors and assigns (collectively “Life’s a Gift), harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iv) your use of the Site or any services that the Life’s a Gift may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Life’s a Gift reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Life’s a Gift with such cooperation as is reasonably requested by Life’s a Gift. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.