Terms of Use


The following Terms of Use (“Terms”) govern your access to and use of any website, application, or product owned or hosted by Life Alive Café, LLC, a Delaware limited liability company, (“Life Alive,” “we,” and “us”) that links to or incorporates these Terms, including any content and services offered through such a website or application (collectively, the “Site” or “Sites”). These Terms constitute a binding agreement between you and Life Alive. By using our Site, you agree to these Terms and the Life Alive Privacy Policy at https://lifealive.com/privacy-policy. If you do not agree to these Terms, you may not use the Site. The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, stop using the Site immediately.

Modification of Terms

We may revise and update these Terms from time to time without notice. All changes are effective immediately when we post them. Your continued use of our Sites following the posting of revised terms means that you accept and agree to the changes.

Privacy

We value your privacy. Please review the Life Alive Privacy Policy at https://lifealive.com/privacy-policy, which is incorporated into these Terms and made a part hereof, to understand our privacy practices.

Trademarks

Life Alive™ and the Life Alive logo are registered trademarks of Life Alive Café, LLC or its direct or indirect subsidiaries or affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these or Life Alive’s unregistered trademarks in anyway, including in advertising or publicity pertaining to distribution of materials on the Sites, without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on the Sites are the trademarks of their respective owners and may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without express permission from the respective owner. The use of Life Alive trademarks on any other website is not allowed. We prohibit the use of any of our trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Other Intellectual Property Rights

The Sites and all content, features and functionality (including but not limited to all information, software, text, displays, images, graphics, photographs, illustrations, video and audio, and the design, selection and arrangement thereof) (“Content”) are owned by Life Alive, its licensors, agents, or Content providers. The Sites and all Content are protected by U.S. and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. The Sites may only be used for the intended purpose for which the Sites are made available. Except as may be otherwise indicated on the Sites, these terms permit you to use, view, play, print, and download documents, audio and video on the Sites for your personal, information, and non-commercial purposes only. You may not use, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, post, download, upload, store or transmit any of the Content on the Sites, or any part of the Sites, or our trademarks in any way, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of our Sites for your own personal, information, non-commercial use and not for further reproduction, publication or distribution.

The Sites, all Content, and all related rights shall remain the exclusive property of Life Alive or its licensors unless otherwise expressly agreed. You may not remove any copyright, trademark, or other proprietary notices from material found on the Sites.

Permitted and Prohibited Uses

You may use our Sites only for lawful purposes and in accordance with these terms. You agree not to:

  • Use our Sites in any way that may violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries), that may give rise to civil liability, that violates the privacy or publicity rights of individuals or entities, or that could humiliate, threaten, or injure another person or their property rights, including but not limited to intellectual property rights,

  • Sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane messages or materials through the Sites.

  • Use the Sites in any manner or take any action that could, in our sole discretion, disable, overburden, impose an unreasonable or disproportionately large load, damage, or impair the Sites or interfere with any other party's use of the Sites.

  • Use any robot, spider, other automatic device, or manual process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.

  • Use any device, software, routine, or take any other action that interferes or attempts to interfere with the proper working of the Sites or any activities conducted on or through the Sites including transactions.

  • Frame, scrape, data-mine, extract, or collect the content of the Site in any form or manner.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Bypass, or attempt to bypass, any measures we may use to prevent or restrict access to the Sites or otherwise gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.

  • Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.


Unsolicited Submissions Policy

We are pleased to hear from our loyal customers and welcome your comments regarding Life Alive. Except where we specifically request comments or submissions, Life Alive does not accept or consider creative ideas, suggestions, or materials, including but not limited to recipes and menu items. This policy is designed to avoid misunderstandings if projects developed by Life Alive or its agents or contractors seem to others to be similar to their own creative work. You are not permitted to submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against Life Alive (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Life Alive a nonexclusive, perpetual, sublicensable, transferable, royalty-free worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Life Alive (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

Reliance on Information in the Sites

The information presented on the Sites is made available solely for general information purposes with the understanding that by providing these materials, we are not engaged in the rendering of professional advice or services. In the event that any product available through or listed on the Sites is mistakenly listed at an incorrect price or with other incorrect information, we reserve the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.

Store location, hours, pricing information, and product details may change from time to time, and we do not warrant the accuracy, completeness or usefulness of this information.

The information or materials contained in or through the Sites are based upon sources believed to be accurate and reliable; however, we make no representation or warranty as to the accuracy, completeness or timeliness of the information or materials. Any reliance you place on such information or materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

Food Allergen and Preference Information and Ingredient Substitutions

Life Alive may ask for your food allergen and preference information to assist you in selecting foods that do not include common allergens, and to assist our chefs as they prepare your food. Please note that, while we take various precautions, we cannot guarantee that any item is free of allergen, particularly due to our reliance on supplier information, the potential for cross contact with other food in shared preparation and cooking areas, and potential ingredient substitutions. For more information, please see our nutrition and allergen guide at https://lifealive.com/nutrition-allergen.

Ingredient substitutions may occur and preparation methods may vary from those that are disclosed or described, whether due to supply chain challenges, variations in supplier practices, or otherwise.

Age Restrictions

The Sites are intended for use by persons 18 or older. If you are not 18 or older, you are prohibited from submitting any personal information through the Sites. We do not knowingly collect or permit account registration for anyone under 18 and will delete any personal information submitted by someone under 18 upon information of such. Notwithstanding the foregoing, we may permit job applicants or employees that are 16 or 17 years old whose personal information we may collect, use, and share for purposes consistent with such roles.

Account Registration and Purchases

You may only register for a Life Alive account and purchase our products if you are at least 18 years old. When you register for an account, you represent that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete and you will maintain and promptly update such information to keep it accurate, current, and complete, (3) you will be solely responsible for all transactions that take place using your account, and (4) you will be solely responsible for maintaining the secrecy and security of your account and password.

We reserve the right to refuse service, terminate your account (including your rewards account and any credits accumulated therein), or cancel your orders in our sole discretion, including, without limitation, if we believe in our sole and absolute discretion that your conduct violates applicable law, is harmful to our interests, including may cause financial loss or legal liability for us or our users or customers, or if you fail to comply with these requirements or any other provision of these terms. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. Life Alive will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.

We may suspend or terminate your account, in addition to all other rights and remedies, if you fail to provide valid payment information or fail to pick up your order(s).

Right to Cancel or Suspend Use of Site

If for any reason any portion of the Sites is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sites, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Sites, and to cancel, terminate, modify or suspend the Sites or any portion thereof and void such information.

Charges

For all charges for any products sold on the Sites, Life Alive will bill your credit card or alternative payment method offered by Life Alive. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Life Alive for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of the Sites and any and all fees charged to you by your financial institution related to the charges. Except as otherwise stated herein, payment obligations are non-cancelable and fees paid are non-refundable.

To the extent that you access external websites through our Site or through a link on our Site for the purpose of payment processing, those entities may have their own terms, conditions, privacy policies, data collection, and use and disclosure practices to which you understand you may be subject to.

Order Fulfillment

When you place an order through our Sites, Life Alive will send you an order acknowledgement to the email address and/or phone number you provide. We reserve the right to refuse or cancel any orders for any reason, including pricing errors as described above, and whether or not the order has been confirmed. Without limitation of the foregoing, Life Alive is not responsible for any inability to fulfill orders. If your payment card has already been charged for the purchase and we cancel your order, we will issue a credit to your payment card account in the amount charged.

Abandoned Orders

If you place an order with us and fail to pick it up, we reserve the right to charge you the amount due (including by charging your credit card, if applicable). If you realize you cannot pick up an order, please contact the store that is fulfilling the order as soon as possible to let them know you cannot pick up the order and to see whether a charge may be avoided. Abandoned orders lead to higher food costs, which in turn requires us to raise our prices. This policy is in place to help us manage food costs and keep our prices as low as possible.

Text Messaging

By providing a cell phone to us you represent and warrant that you are the owner or authorized primary user of the device and you expressly consent to receiving text messages from Life Alive from time to time, including messages about products that you have ordered and promotional messages. If you no longer wish to receive these messages, please contact us at info@lifealive.com, unsubscribe with our Sites’ notification preferences, or reply “STOP” to the text message when applicable. Your carrier may charge you standard text messaging rates for each message sent or received.

Changes to the Sites

We may update the information on our Sites from time to time, but its content is not necessarily complete, accurate, or up to date. Any of the information or materials on our Sites may be out of date, inaccurate, or incomplete at any given time, and we are under no obligation to update such materials or information.

Linking to the Sites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Sites

Any links from the Sites to other websites and resources provided by third parties are provided for your convenience only. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates have control over the contents of those websites or resources, including any content, materials or other information located on or accessible from other websites or resources. We and our respective affiliates accept no responsibility for these websites or resources, make no endorsement, guarantee, or representation or warranty regarding any other website or resource, including any content, materials, or other information located on or accessible from the other websites or resources, or the results of your use these websites or resources, including any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)

We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the Sites. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Sites, or otherwise connected with your use of the Sites.

App Store Terms

In order to use the services made available through the Life Alive app (“the App”), you must have a compatible mobile device. Life Alive does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms against you. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.

Sanctions

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

Necessary Equipment and Software

You must provide all equipment and software necessary to connect to the Sites, including but not limited to, an internet-connected device that is suitable to connect with and use Sites. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Sites.

Financial Incentives

Life Alive provides its customers with an opportunity to participate in our Life Alive &Thrive Perks Program (“Program”). To enroll, we may collect your name, email address, phone number, and date of birth. We also collect and retain your purchase history. How we use and disclose the personal information we collect from you is described in our Privacy Policy. Members of the Life Alive &Thrive Perks Program (as may be named otherwise from time to time) can earn program credit on eligible purchases that can be redeemed for Life Alive food and beverage items at participating Life Alive locations. By participating, members may also be rewarded with exclusive offers, discounts, invites to events, sneak peeks on new menu items, special birthday gifts, and other surprise rewards. These benefits, perks, and offers may be deemed “financial incentives” in provided in exchange for your personal information under applicable laws including the California Consumer Privacy Act (“CCPA”).

For more information on our Program, see our Life Alive &THRIVE Perks Terms at https://lifealive.com/terms-of-use#thrive-perks. To enroll in the Program, you must affirmatively opt in, which you may do by visiting https://order.lifealive.com or by clicking “Sign In” and then “Sign in or Create account” on the home page or app and completing all required fields, or in such other manner that we may provide from time to time. You can freely withdraw your consent at any time by submitting an instruction to do so on https://lifealive.com/contact-us.

Life Alive &Thrive Perks Program Terms

These Life Alive &Thrive Perks Program Terms (collectively, the “Terms”) govern all access to and participation in the Life Alive &Thrive (the “Program”), a promotional program sponsored by Life Alive Café, LLC, a Delaware limited liability company (“Life Alive”, “we”, “our” and “us”), and offered as a benefit to our customers who register for the Life Alive Perks Program (“you”). These Terms supplement and are subject to the LIFE ALIVE Privacy Policy at https://lifealive.com/privacy-policy, Notice of Financial Incentives at https://lifealive.com/terms-of-use#financial-incentives, and Terms of Use at https://lifealive.com/terms-of-use, which are incorporated herein and made a part hereof. Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.

PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE SECTION 14 (“DISPUTE RESOLUTION AND GOVERNING LAW”) BELOW.

1. Life Alive &Thrive Overview

The Program is a way for Life Alive to appreciate our loyal guests. Members of the Program can earn surprise perks that can be redeemed for Life Alive food, beverages, restaurant credit, and percentage discounts at participating Life Alive restaurants. By participating, you may also be rewarded with exclusive offers, invites to events, sneak peeks on new menu items, special birthday gifts, and other surprises.

2. Entering the Program

To enroll in the Program, you must affirmatively opt in, which you may do by visiting https://order.lifealive.com or by clicking “Sign In” and then “Sign in or Create account” on the official Life Alive app (the “Life Alive Organic Café App”) and completing all required fields, or in such other manner that we may provide from time to time. Your use of the Life Alive Website or Life Alive App is subject to additional terms and conditions. The Program is open to legal residents of the United States who: (A) possess the legal authority to agree to these Terms; (B) reside in a jurisdiction which legally permits participation in the Program; (C) provide valid and accurate personal information when enrolling the Program; (D) is not already a member of the Program; (E) have not been previously removed or terminated from the Program; and (F) are at least 18 years of age at the time of registration. The Program is not targeted, nor is it intended to be used by anyone under the age of 18. You can freely withdraw your consent at any time by submitting an instruction to do so on https://lifealive.com/contact-us. Please note that withdrawing your opt-in to the Program will result in the closure of your Program account and the forfeiture of any Life Alive Perks held by the account. As a general matter, each Program account may be used by and associated with only one person. However, we will permit members of the same household to use the same account so long as the above requirements are met, but we cannot separate Program benefits or offers earned or used by different members of the same household using the same account.

By opening an account or by using the account to earn or redeem Life Alive Qualifying Perks, you agree that you have read and accept these Terms.

3. Earning Life Alive Perks

When ordering in-restaurant, scan the barcode or QR code that identifies your account, as applicable, on your Life Alive App and confirm your loyalty account with the cashier. If ordering online or on the Life Alive App, you must be logged in to your Life Alive Perks account. Support may be sought from lifealive.com/contact-us or such other website location as available from time to time.

At this time, Life Alive Perks cannot be earned or redeemed on third party delivery services. Your ability to apply a purchase to your account may be limited to participating locations. We reserve the right to offer additional perks or decline to offer perks in our sole discretion and without notice to you.

  • Perks will begin earning only after account is activated

  • Perks will be distributed by Life Alive without advance notice of what they are

  • Number, type, frequency of perk depends on level of personal information provided, and interactions with Life Alive

  • A member can only gain credit for transaction if transaction is linked back to a member card number

  • Purchase may be required to earn perks.

  • A member may earn perks for actions

    • Type of personal information provided

    • Other activities

  • If a member forgets to purchase using their account, they can retroactively add receipts after the fact.

    • This feature is only available for 3 days post purchase

  • The program will only count the first 2 purchases within a 4 hour period.

  • A member is able to log receipts that occur prior to becoming a member, up to 3 days before sign up. 

4. Surprise Perks

As a member of Life Alive &Thrive Perks you may receive surprise perks and benefits depending on your account status or other metrics. Any such surprise perks will appear in your account for the Program, and we may also provide notice to you by the email associated with your account. These surprise perks are subject to any expiration date or additional terms provided in connection with the perk, which we may change at any time.

We may also provide opportunities to receive additional Life Alive Qualifying Perks. For example, we may provide you notice that certain purchases for a limited time will earn a particular perk. Such offers are limited to those invited and are subject to the terms and conditions of the specific offer made.

All of the Qualifying Perks are subject to availability. The Qualifying Perk is non-transferable and are subject to any expiration date. The Qualifying Perk cannot be exchanged for cash or combined with other offers. Additional terms, conditions, and restrictions may apply at the time or location of redemption. The Qualifying Perks are subject to these terms.

  • Perks cannot be combined and only 1 can be redeemed per transaction

  • If full perk is not used, no remaining balance will be refunded or applied to future perks

5. Redemption Order

We reserve the right in our sole discretion to determine the order in which Life Alive Qualifying Perks are applied to transactions and their priority to promotional codes, gift cards, or other payment credits that are associated with your Life Alive &Thrive Perks account. We cannot guarantee that the Qualifying Perks with the earliest expiration dates will be given priority in all transactions and you agree to monitor your account regularly to verify the status of your Life Alive Perks account.

6. Account Membership

Your Life Alive &Thrive Perks account, username, password, and information are for your personal use only. You are responsible for maintaining the confidentiality of and are responsible for all activities that occur under your Life Alive &Thrive Perks account, username, password, credit card, gift card, and any other information that may be used to access your account. If you believe your account has been compromised, please contact us and take immediate action to remove the credit card, gift card, or other payment information associated with your account. Neither Life Alive nor any of its suppliers, contractors, or service providers (collectively, “Suppliers”) are responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your account.

By enrolling in the Program or otherwise using Life Alive Qualifying Perks, you authorize Life Alive, its affiliates, and partners to communicate marketing and company information to you. Communications may include marketing emails, direct mail, SMS, push notifications and other communications about offers and promotions. By enrolling, you also agree to all terms listed in the Life Alive Privacy Policy at https://lifealive.com/privacy-policy. Please see the Privacy Policy section below for additional information.

EMAIL: By signing up for the program, members will be automatically opted in for email communications

PUSH NOTIFICATIONS: When a member downloads the app, they will be given several prompt screens to opt in for push notifications.

You may not use the Program for any purpose that is: (A) prohibited by these Terms, (B) violates any applicable law, (C) causes damage on or through the Program, (D) infringes upon the rights of any third party, (E) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent, or otherwise objectionable, or (F) actually or intends to affect or interrupt the operation of the Program. Life Alive reserves the right to remove any member of the Program immediately for any reason in its sole discretion.

We are not responsible for:  (i) any loss or misdirection of, or delay in receiving, any Program application, correspondence, redemption requests, Life Alive Qualifying Perks, or other benefits; (ii) theft or unauthorized redemption of Life Alive Qualifying Perks or use of a Qualifying Perk; (iii) any acts or omissions of third parties; or (iv) any errors published in relation to the Program, including, without limitation, any Qualifying Perk values or typographical errors, errors of description, and errors in the crediting or debiting of Life Alive Qualifying Perks from Program accounts. The Company reserves the right to correct, without notice, any errors and to deny redemption or use of any Qualifying Perks based on any such errors.

Some of the Qualifying Perks may be made available through our Suppliers or Partners. By using such Qualifying Perks, you agree to comply with all of our Suppliers’ or Partners’ terms and notices as well. While there are no fees charged by Life Alive to participate in the Program, there may be data usage or other like fees owed to your mobile carrier or internet provider resulting from such use, for which you are solely responsible. You are responsible for payment of any items purchased through the Program.

  • Member accounts cannot be combined - meaning if a member accidentally creates 2 accounts, we cannot combine the transaction history back into 1 account

  • Membership has no cash value

7. House Credit

In some circumstances, we may provide certain house credits to customers (“House Credit”). To be eligible to receive and use House Credit through the Program, you must be enrolled in the Program. Please note that House Credit may be provided through other means. House Credit is not considered a Qualifying Perk under the Program. House Credit is non-transferable and may only be used by the member to whom it was issued. House Credit may be issued at our sole discretion. The issuance of House Credit does not guarantee the issuance of future House Credit or imply a precedent for future situations. House Credit may be used towards eligible purchases at participating locations. House Credit cannot be used in conjunction with any other offers or discounts, unless otherwise specified. House Credit cannot be exchanged for cash or other forms of credit. House Credit will expire one (1) year from the date of issuance or as otherwise may be specified. Upon expiration, the House Credit will be removed from the member's account and will no longer be available for use. It is the member's sole responsibility to monitor their account and use their House Credit before it expires. We reserve the right to modify, suspend, or terminate the House Credit at any time and for any reason, with or without notice.

8. Changes to Terms

We reserve the right to add, remove, or change any of these Terms, policies, FAQs, guidelines, or other terms pertaining to the Program at any time. Any modifications will be effective immediately upon posting the revision and, by accepting these Terms, you waive any right to receive special notice of such change. By continuing to use the Program, you agree to any revised Terms or policies posted by us. It is your responsibility to review the Terms periodically to be aware of any such changes.

Without limiting the foregoing, all Program benefits, offers, perks, and features are subject to availability and may be changed at any time without notice. We may terminate the Program, in whole or in part, without any notice except as otherwise required by applicable law. At our sole discretion, we may choose to substitute a similar program for the Program at any time immediately upon notice to active account members. If the Program is terminated no award or perk claims will be honored after the conclusion of the relevant notice period.

9. Managing Communication Preferences

You may opt out from receiving Program communications at any time. To do so, please click unsubscribe in the bottom of the email and complete the opt out process. When opting out, you will still be eligible to participate in the Life Alive Perks program, however you will not receive communications about future offers within the Program. For more information about managing your information preferences and opting out, please see our Privacy Policy at https://lifealive.com/privacy-policy.

10. Life Alive &Thrive Privacy Policy

Except as otherwise noted in these Terms, the Life Alive Privacy Policy and related standards will apply to information you provide through the Program. See the Life Alive Privacy Policy at https://lifealive.com/privacy-policy and Financial Incentives notice at https://lifealive.com/terms-of-use#financial-incentives to understand how we collect, use, and disclose information. By enrolling in and accessing or using Program, or Qualifying Perks, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy. You may request that we remove your information from the Life Alive &Thrive Perks Program at any time by contacting us at https://lifealive.com/contact-us. However, we may not be able to administer the Program or provide you with earned perks or offers. If you no longer wish to participate in the Program, you can freely withdraw your consent to enroll at any time by submitting an instruction to do so on https://lifealive.com/contact-us.

11. RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY

OUR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIFE ALIVE MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIFE ALIVE OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LIFE ALIVE SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A PERKS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIFE ALIVE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE. IN THE EVENT OF ANY PROBLEM WITH THE PROGRAM, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PROGRAM. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE LAST PERKS CREDIT BALANCE HELD IN YOUR MEMBERSHIP OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

12. DISPUTE RESOLUTION, GOVERNING LAW, and ARBITRATION

In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH LIFE ALIVE THROUGH BINDING AND FINAL ARBITRATION (INSTEAD OF THROUGH COURT PROCEEDINGS) AS FURTHER SET FORTH BELOW. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS AND CONDITIONS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. YOU AGREE THAT, AS PART OF THE FOREGOING, ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE PROHIBITED.

YOU AGREE TO FIRST TRY TO RESOLVE ANY DISPUTE OR CLAIM IN CONNECTION TO THESE TERMS OR THE PROGRAM INFORMALLY BY CONTACTING US IN WRITING AT INFO@LIFEALIVE.COM. IF THE DISPUTE OR CLAIM IS NOT RESOLVED WITHIN 60 DAYS OF SUBMISSION, YOU AGREE THAT YOU OR LIFE ALIVE MAY INITIATE ARBITRATION.

IN THE EVENT OF ANY DISPUTE CONCERNING THE PROGRAM OR ITS APPLICABLE TERMS (INCLUDING ISSUES RELATING TO THE EFFECTIVENESS OF THIS ARBITRATION PROVISION), FOLLOWING INFORMAL DISPUTE RESOLUTION, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE DISPUTE WILL BE RESOLVED BY ARBITRATION (AND ACCORDINGLY THEY HEREBY CONSENT TO PERSONAL JURISDICTION OVER THEM) EXCLUSIVELY IN THE VICINITY OF WILMINGTON, DELAWARE, BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE NEUTRAL ARBITRATOR. THE ARBITRATOR'S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND ARBITRATION COSTS FROM THE OTHER PARTY. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDING, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. A PRINTED VERSION OF THESE TERMS WILL BE ADMISSIBLE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS TO THE SAME EXTENT AS OTHER BUSINESS DOCUMENTS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU SHALL COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITES. ALL RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO LIFE ALIVE.

13. General Life Alive &Thrive

In all matters relating to the administration of the Program, the decisions of Life Alive shall be final. Life Alive is not responsible for communication problems of any kind, including issues due to changes in your contact information (so please make sure your contact information is up to date). Under no circumstances will Life Alive be liable for any delay or failure in performance due in whole or in part to any acts of nature or other actions, circumstances or causes beyond its reasonable control. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to Life Alive. The failure of Life Alive to enforce any right or provision of these Terms will not prevent Life Alive from enforcing such right or provision in the future. Life Alive may assign its rights and obligations under these Terms including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

All interpretations of these Terms regarding membership are at our sole discretion, and our decisions will be final. We and our affiliated entities are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Life Alive Café, LLC.

Life Alive Qualifying Perks, and other Program benefits may be subject to income or other applicable taxes. You agree that we may collect such sales tax payments from you as we deem applicable; however, you are responsible for paying all taxes and for making all applicable disclosures to third parties. We will not be liable for any tax liability, duty, or other charges in connection with the issuance of Life Alive Qualifying Perks, and other Program benefits.

These Terms, together with any other terms and conditions or policies incorporated or referred to herein constitute the entire agreement between you and us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Life Alive Website or Life Alive App (for example, the list and value of Qualifying Perks).


Gift Cards

These Gift Card Terms (the “Terms”) describes the terms that apply to your purchase, acceptance or use of a Life Alive Gift Card (“Gift Card”), the program (the “Program”) for which is administered by Life Alive Café, LLC, a Delaware limited liability company (“Life Alive,” “we,” and “us”). These Terms supplements and is subject to the Life Alive Privacy Policy at https://lifealive.com/privacy-policy and Life AliveTerms of Use at https://www.lifealive.com/terms-of-use, which are hereby incorporated into these Terms and made a part hereof.

IMPORTANT

  • BY PURCHASING, ACCEPTING OR USING A LIFE ALIVE GIFT CARD, YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT PURCHASE, USE OR ACCEPT A LIFE ALIVE GIFT CARD IF YOU DO NOT AGREE WITH THESE TERMS.

  • THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF INDIVIDUAL FINAL AND BINDING ARBITRATION TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND LIFE ALIVE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN A CLASS ACTION OF ANY KIND. 

  • IF YOU ARE A PURCHASER, YOU AGREE TO PROVIDE THESE TERMS TO ANY USER.

1. Gift Card General Terms

The Gift Card is a prepaid card that has no monetary value unless activated; does not expire and is valid until redeemed; does not have activation, inactivity, or service fees; is not redeemable for cash, returnable, or eligible for a refund, except as required by law; and is not a debit or credit card. The value of the Gift Card will not be replaced if it is lost, stolen, altered, or destroyed. Use of the Gift Card constitutes acceptance of these Terms. We may put limits on the amount of Gift Cards that can be purchased or the value that can be loaded on Gift Cards from time to time.

2. Purchasing a Gift Card

You can purchase a Gift Card at https://wwws-usa2.givex.com/cws4.0/lifealivecafe/ or such other link that may be provided only at https://lifealive.com. By purchasing an eGift Card, you authorize Life Alive to charge your credit card, debit card or other electronic payment method at the time of purchase, regardless of the selected delivery date. You must provide an accurate and valid email address for the eGift Card. We are not responsible for an eGift Card that is undeliverable or not received due to an incorrect or invalid email address.

3. Using the Gift Card

Life Alive Gift Cards can be redeemed for use at Life Alive stores only. Life Alive Gift Cards cannot be used on third party websites or food delivery apps. Each transaction made using the Gift Card is debited against the Gift Card balance. If the transaction exceeds the Gift Card balance, the user must pay the difference between the transaction amount and balance. The Gift Card becomes inactive once the card value is depleted. Gift Cards may not be resold by any unauthorized vendor. Life Alive will not honor Gift Cards that are purchased from an unauthorized vendor, including through any Internet auction sites. Life Alive reserves the right in its sole discretion to suspend, refund, void, or cancel any Gift Card if it has a good faith reason to believe that such Gift Card was obtained by fraudulent or other illegal or inappropriate means.  Life Alive reserves the right in its sole discretion to prohibit any person from obtaining or using a Gift Card.

4. Lost or Compromised Gift Cards

Life Alive is not responsible for any Gift Card that is lost, stolen, damaged, destroyed or otherwise compromised.

5. No Cashback from Gift Cards Except as Required by Law

Gift Cards cannot be redeemed for cash, except as required by law. For simplicity, as shall be automatically updated from time to time without amendment or notice, to the extent required by law, cashback shall be provided when an applicable Gift Card balance is (a) less than $1 in Rhode Island and Vermont, (b) less than $2.50 in Texas, (c) less than $3.00 in Connecticut, (d) $5.00 or less in Colorado, Massachusetts, and New York, (e) less than $5.00 in Hawaii, Montana, New Jersey, Oregon, Washington, and Maine, and (f) less than $10.00 in California[AL1] .

6. Gift Card Notices

We reserve the right to update these Terms at any time. You agree that we may provide notices, disclosures and amendments to these Terms and other information relating to your Gift Card by electronic means, including posting such materials at https://www.lifealive.com/terms-of-use#gift-cards. Please review these Terms periodically for any material changes.

7. RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

OUR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIFE ALIVE MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE REWARDS PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIFE ALIVE OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIFE ALIVE SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A REWARDS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIFE ALIVE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE. IN THE EVENT OF ANY PROBLEM WITH THE PROGRAM, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PROGRAM. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE LAST CREDIT BALANCE HELD ON YOUR GIFT CARD OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS

8. DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH LIFE ALIVE THROUGH BINDING AND FINAL ARBITRATION (INSTEAD OF THROUGH COURT PROCEEDINGS) AS FURTHER SET FORTH BELOW. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. YOU AGREE THAT, AS PART OF THE FOREGOING, ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE PROHIBITED.

YOU AGREE TO FIRST TRY TO RESOLVE ANY DISPUTE OR CLAIM IN CONNECTION TO THESE TERMS OR THE PROGRAM INFORMALLY BY CONTACTING US IN WRITING AT INFO@LIFEALIVE.COM. IF THE DISPUTE OR CLAIM IS NOT RESOLVED WITHIN 60 DAYS OF SUBMISSION, YOU AGREE THAT YOU OR LIFE ALIVE MAY INITIATE ARBITRATION.

IN THE EVENT OF ANY DISPUTE CONCERNING THE PROGRAM OR ITS APPLICABLE TERMS (INCLUDING ISSUES RELATING TO THE EFFECTIVENESS OF THIS ARBITRATION PROVISION), FOLLOWING INFORMAL DISPUTE RESOLUTION, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE DISPUTE WILL BE RESOLVED BY ARBITRATION (AND ACCORDINGLY THEY HEREBY CONSENT TO PERSONAL JURISDICTION OVER THEM) EXCLUSIVELY IN THE VICINITY OF THE DISTRICT OF COLUMBIA OR WILMINGTON, DELAWARE, BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE NEUTRAL ARBITRATOR. THE ARBITRATOR'S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND ARBITRATION COSTS FROM THE OTHER PARTY. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDING, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. A PRINTED VERSION OF THESE TERMS WILL BE ADMISSIBLE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS TO THE SAME EXTENT AS OTHER BUSINESS DOCUMENTS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU SHALL COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITES. ALL RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO LIFE ALIVE.

9. Severability

If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to Life Alive.

10. Contact Us

Please contact us at info@lifealive.com if you have any questions regarding your Gift Card or the Program


RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR MAINTAINING A MEANS EXTERNAL TO OUR SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF OUR SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES IS AT YOUR OWN RISK. OUR SITES, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIFE ALIVE NOR ANY PERSON ASSOCIATED WITH LIFE ALIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITES, NOR DOES LIFE ALIVE OR ANY PERSON ASSOCIATED WITH LIFE ALIVE MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES.

IF YOU PARTICIPATE IN THE PROGRAM, YOU AGREE TO RELEASE LIFE ALIVE, OUR FRANCHISES, AFFILIATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND RELATED COSTS) RELATING TO ANY ISSUES ARISING IN CONNECTION WITH THE PROGRAM, USE OF LIFE ALIVE REWARDS, OR YOUR CONSENT TO THESE TERMS. OUR PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, LIFE ALIVE MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE REWARDS PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIFE ALIVE OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIFE ALIVE SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A REWARDS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIFE ALIVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT THAT LIFE ALIVE IS FOUND TO BE LIABLE FOR ANY DAMAGES NOTWITHSTANDING THE FOREGOING, ANY DAMAGES OWED BY OR THROUGH LIFE ALIVE SHALL NOT EXCEED THE LAST REWARDS CREDIT BALANCE HELD IN YOUR MEMBERSHIP OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION

In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH LIFE ALIVE THROUGH BINDING AND FINAL ARBITRATION (INSTEAD OF THROUGH COURT PROCEEDINGS) AS FURTHER SET FORTH BELOW. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. YOU AGREE THAT, AS PART OF THE FOREGOING, ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE PROHIBITED.

YOU AGREE TO FIRST TRY TO RESOLVE ANY DISPUTE OR CLAIM IN CONNECTION TO THESE TERMS INFORMALLY BY CONTACTING US IN WRITING AT INFO@LIFEALIVE.COM. IF THE DISPUTE OR CLAIM IS NOT RESOLVED WITHIN 60 DAYS OF SUBMISSION, YOU AGREE THAT YOU OR LIFE ALIVE MAY INITIATE ARBITRATION.

IN THE EVENT OF ANY DISPUTE CONCERNING THE PROGRAM OR ITS APPLICABLE TERMS (INCLUDING ISSUES RELATING TO THE EFFECTIVENESS OF THIS ARBITRATION PROVISION), FOLLOWING INFORMAL DISPUTE RESOLUTION, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE DISPUTE WILL BE RESOLVED BY ARBITRATION (AND ACCORDINGLY THEY HEREBY CONSENT TO PERSONAL JURISDICTION OVER THEM) EXCLUSIVELY IN THE VICINITY OF THE DISTRICT OF WILMINGTON, DELAWARE, BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE NEUTRAL ARBITRATOR. THE ARBITRATOR'S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND ARBITRATION COSTS FROM THE OTHER PARTY. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDING, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. A PRINTED VERSION OF THESE TERMS WILL BE ADMISSIBLE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS TO THE SAME EXTENT AS OTHER BUSINESS DOCUMENTS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU SHALL COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITES. ALL RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO LIFE ALIVE.

IN NO EVENT WILL LIFE ALIVE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE.THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT OR PRODUCTS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES, CONTENT, OR PRODUCTS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LIFE ALIVE, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS (INCLUDING ANY TERMS INCORPORATED HEREIN), YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS, YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY, ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY INFORMATION OR MATERIAL THAT YOU PROVIDE TO LIFE ALIVE, OR YOUR USE OF OUR SITES, INCLUDING, BUT NOT LIMITED TO, ANY USE OF OUR SITES' CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, YOUR USE OF ANY INFORMATION OBTAINED FROM OUR SITES, YOUR PLACEMENT OR TRANSMISSION OF ANY MESSAGE OR INFORMATION ON THE SITES BY YOU OR YOUR AUTHORIZED USERS, OR ANY OTHER PARTY’S ACCESS AND USE OF THE SITES WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE. WITHOUT LIMITING THE FOREGOING, IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITES OR THE SYSTEMS TRANSMITTING THE SITES TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION. IN THE EVENT THAT ANY CLAIM IS MADE OR ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE INDEMNIFIED PARTIES, OR ANY OF THEM, ARISING OUT OF OR CONNECTED WITH THE TERMS, ANY SUCH INDEMNIFIED PARTY MAY, BY REASONABLE NOTICE TO YOU, REQUIRE YOU, AT YOUR EXPENSE, TO RESIST SUCH CLAIM OR TAKE OVER THE DEFENSE OF ANY SUCH ACTION OR PROCEEDING AND EMPLOY COUNSEL FOR SUCH PURPOSE, SUCH COUNSEL TO BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF SUCH INDEMNIFIED PARTY, WHICH APPROVAL SHALL BE DEEMED TO HAVE BEEN GIVEN HEREBY IN THE CASE OF COUNSEL ACTING FOR YOUR INSURANCE UNDERWRITERS ENGAGED IN SUCH RESISTANCE OR DEFENSE. YOU SHALL COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Release

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER OR OTHER PARTY RELATED TO THE SITES, YOU RELEASE LIFE ALIVE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ALL 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 DISPUTES.

Force Majeure

We do not guarantee continuous, uninterrupted or secure access to our Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. Life Alive is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Waiver and Severability 

No waiver by Life Alive of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Life Alive to assert a right or provision under these terms will not constitute a waiver of such right or provision. If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to Life Alive.

Entire Agreement

These terms and our privacy policy constitute the sole and entire agreement between you and Life Alive with respect to our Sites and the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Sites.

General

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that these terms and all incorporated agreements may be assigned by Life Alive in our sole discretion. Any provision that must survive in order to give proper effect to its intent (e.g., indemnities, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these terms.

Feedback

We welcome your comments and suggestions regarding our Sites and the information, products and services we make available here. Contact us at https://lifealive.com/contact-us to provide feedback.

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[Last Updated: May 27, 2024]