Terms & Services
Welcome, and thank you for your interest in LiveWell (“LiveWell”, “we,” or “us”) and
our Web site at www.livewell.com.tr (the “Site”), as well as all related web
sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services
(COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.
UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court).
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action.
Please review Section 22 below for the details regarding your agreement to arbitrate any disputes with LiveWell.
LiveWell Service Overview. LiveWell provides a Personal Health Intelligence (“PHI”) technology
platform that seamlessly integrates with any health insurance carrier or employer-sponsored plan and automatically
brings together comprehensive clinical data and lifestyle and disease management tools into a personalized health
portal that is accessible on any modern mobile device or Internet web browser. LiveWell’s PHI platform (i) automatically
tracks ECG data, blood pressure and diabetes data, activity tracker data, smart scale data and more, (ii) delivers access
to deductible status, out-of-pocket tabs, authorization requirements and more, (iii) provides personalized health goals
and recommendations synchronized with rewards and other incentives, and (iv) delivers real-time updates of progress to
measure, monitor and improve health.
For Educational and Informational Purposes Only. The Service provides information,
not medical, legal, or psychological advice, diagnoses, or treatment. The Service may provide helpful
health-related information, but it is not intended to substitute for professional advice, diagnoses,
or treatment, or your judgment. You acknowledge that all of the information and content on the Service
is provided “as is” for educational and informational purposes only. You assume full risk and responsibility
for the use of or reliance on information you obtain from or through the Service.
No Patient or Client Relationship. Your use of the Service does not create a
patient or client relationship with LiveWell. You should consult with qualified health professionals
who are familiar with your individual medical needs concerning your specific medical issues.
Never disregard professional advice or delay in seeking it because of information you read on the Service.
Medical Emergency. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR
OR 112 IMMEDIATELY. We do not recommend or endorse any provider of health care or health-related
products, tests, opinions, procedures, items, or services.
Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms,
you represent and warrant to us: (i) that you are at least eighteen (18) years of age;
(ii) that you have not previously been suspended or removed from the Service; and
(iii) that your registration and your use of the Service is in compliance with any
and all applicable laws and regulations. If you are using the Service on behalf of an
entity, organization, or company, you represent and warrant that you have the authority
to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Accounts and Registration. To access most features of the Service,
you must register for an account. When you register for an account, you may be required
to provide us with some information about yourself (such as your e-mail address or other
contact information). You agree that the information you provide to us is accurate and that
you will keep it accurate and up-to-date at all times. When you register, you will be asked
to provide a password. You are solely responsible for maintaining the confidentiality of your
account and password. You agree to accept responsibility for all activities that occur under your
account. If you have reason to believe that your account is no longer secure, then you must
immediately notify us at firstname.lastname@example.org.
Payment. Access to the Service, or to certain features of the Service,
may require you to pay fees. Before you are required to pay any fees, you will have an opportunit
y to review and accept the applicable fees that you will be charged. All fees are in Turkish Liras except medical devices,
Medical device fees are in U.S. Dollars and are non-refundable. LiveWell may change the fees for the Service or any feature of the Service,
including by adding additional fees or charges, on a going-forward basis at any time. LiveWell will
charge the payment method you specify at the time of purchase. You authorize LiveWell to charge all
sums described herein to such payment method. If you pay any applicable fees with a credit card,
LiveWell may seek pre-authorization of your credit card account prior to your purchase to verify that
the credit card is valid and has the necessary funds or credit available to cover your purchase.
User Content Generally. Certain features of the Service may permit users to post
content, including messages, reviews, photos, video, images, folders, health-related, wearable,
and other data, text, and other types of works (collectively, “User Content”) and
to publish User Content on the Service. You retain copyright and any other proprietary rights that
you may hold in the User Content that you post to the Service.
Limited License Grant to LiveWell. By posting or publishing User Content, you
grant LiveWell a worldwide, non-exclusive, royalty-free right and license (with the right to
sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your
User Content, in whole or in part, in any media formats and through any media channels (now
known or hereafter developed). Any such use of your User Content by LiveWell may be without
any compensation paid to you.
Limited License Grant to Other Users. By posting and sharing User Content
with another user of the Service, you hereby grant that user a non-exclusive license to access
and use such User Content as permitted by these Terms and the functionality of the Service.
User Content Representations and Warranties. You are solely responsible for
your User Content and the consequences of posting or publishing User Content. By posting and
publishing User Content, you affirm, represent, and warrant that:
you are the creator and owner of, or have the necessary licenses, rights, consents,
and permissions to use and to authorize LiveWell and users of the Service to use and
distribute your User Content as necessary to exercise the licenses granted by you in
this Section 8 and in the manner contemplated by LiveWell and these Terms; and
your User Content, and the use thereof as contemplated herein, does not and will not:
(i) infringe, violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right; or (ii)
slander, defame, or libel any third-party.
User Content Disclaimer. We are under no obligation to edit or control
User Content that you or other users post or publish, and will not be in any way responsible
or liable for User Content. LiveWell may, however, at any time and without prior notice,
screen, remove, edit, or block any User Content that in our sole judgment violates these
Terms or is otherwise objectionable. You understand that when using the Service you will
be exposed to User Content from a variety of sources and acknowledge that User Content may
be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against LiveWell with respect
to User Content. We expressly disclaim any and all liability in connection with User Content.
If notified by a user or content owner that User Content allegedly does not conform to these
Terms, we may investigate the allegation and determine in our sole discretion whether to
remove the User Content, which we reserve the right to do at any time and without notice.
For clarity, LiveWell does not permit copyright-infringing activities on the Service.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
violate, or encourage others to violate, the rights of third parties,
including by infringing or misappropriating third party intellectual property rights;
post, upload, or distribute any User Content or other content that is
unlawful, defamatory, libelous, inaccurate, or that a reasonable person
could deem to be objectionable, profane, indecent, pornographic, harassing,
threatening, embarrassing, hateful, or otherwise inappropriate;
interfere with security-related features of the Service, including without
limitation by (i) disabling or circumventing features that prevent or limit
use or copying of any content, or (ii) reverse engineering or otherwise attempting
to discover the source code of the Service or any part thereof except to the extent
that such activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service,
including without limitation by (i) uploading or otherwise disseminating viruses,
adware, spyware, worms, or other malicious code, (ii) making unsolicited offers
or advertisements to other users of the Service, (iii) attempting to collect,
personal information about users or third parties without their consent; or (iv)
interfering with or disrupting any networks, equipment, or servers connected to or
used to provide the Service, or violating the regulations, policies, or procedures
of such networks, equipment, or servers;
perform any fraudulent activity including impersonating any person or entity,
claiming false affiliations, accessing the Service accounts of others without
permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted herein or any Materials
(as defined in Section 16 below) or any right or ability to view, access,
or use any Materials; or
attempt to do any of the foregoing in this Section 10, or assist or
permit any persons in engaging or attempting to engage in any of the
activities described in this Section 10.
Third-Party Services and Linked Websites. LiveWell may provide
tools through the Service that enable you to export information, including User
Content, to third party services, including through features that allow you to link
your account on LiveWell with an account on the third party service. By using these
tools, you agree that we may transfer such information to the applicable third-party
service. Such third party services are not under our control, and we are not responsible
for their use of your exported information. The Service may also contain links to third-party
websites. Such linked websites are not under our control, and we are not responsible
for their content.
Rewards. The Service may incentivize you to engage in certain
wellness activities by providing you with opportunities to win rewards
(“Rewards”) through promotions offered through the Service
(“Promotions”). No purchase is necessary to participate in
any Promotions. Promotions are void where prohibited, restricted by law, or
where registration or bonding requirements exist. Rewards are non-transferable.
Rewards may be subject to third-party terms and conditions. No substitutions are
permitted, except that LiveWell or the Promotion’s sponsor, as applicable, reserves
the right to substitute a Reward of equal or greater monetary value for any Reward
displayed on the Promotion’s info page. The winner of a Promotion will be responsible
and liable for any local taxes on the value of their Reward as
well as any other costs not specifically indicated to be paid by LiveWell or Promotion
sponsor on the Promotion’s info page. Any person attempting to defraud or in any way
tamper with any Promotion will be ineligible for Rewards and may be prosecuted under the
law. LiveWell reserves the right to modify this Section 12 in any way or at any time.
LiveWell reserves the right, in its sole discretion, to shorten, extend, modify, cancel
or suspend any Promotion in its sole discretion at any time and without notice.
Termination of Use; Discontinuation and Modification of the Service.
If you violate any provision of these Terms, your permission to use the Service will
terminate automatically. Additionally, LiveWell, in its sole discretion may terminate
your user account on the Service or suspend or terminate your access to the Service at
any time, with or without notice. We also reserve the right to modify or discontinue
the Service at any time (including, without limitation, by limiting or discontinuing
certain features of the Service) without notice to you. We will have no liability
whatsoever on account of any change to the Service or any suspension or termination
of your access to or use of the Service. You may terminate your account at any time
by contacting customer service at email@example.com. If you
terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your
use of the Service incurred prior to termination.
for information relating to our collection, use, storage and disclosure of your personal
and made a part of, these Terms.
Additional Terms. Your use of the Service is subject to any and all
additional terms, policies, rules, or guidelines applicable to the Service or certain
features of the Service that we may post on or link to on the Service (the “
“), such as end-user license agreements for any downloadable applications that we
may offer, or rules applicable to particular features or content on the Service, subject to
Section 15 All such Additional Terms are hereby incorporated by reference into, and made a
part of, these Terms.
Changes to the Terms. We reserve the right, at our discretion,
to change these Terms on a going-forward basis at any time. Please check these
Terms periodically for changes. In the event that a change to these Terms
materially modifies your rights or obligations, we will make reasonable efforts
to notify you of such change. We may provide notice through a pop-up or banner
within the Service, by sending an email to any address you may have used to register
for an account, or through other mechanisms. Additionally, if the changed Terms
materially modify your rights or obligations, we may require you to provide consent
by accepting the changed Terms. If we require your acceptance of the changed Terms,
changes are effective only after your acceptance. If you do not accept the changed Terms,
we may terminate your access to and use of the Service. All other changes are effective
upon publication of the changed Terms. Disputes arising under these Terms will be resolved
in accordance with the Terms in effect that the time the dispute arose.
Ownership; Proprietary Rights. The Service is owned and operated by
LiveWell. The visual interfaces, graphics, design, compilation, information, data,
computer code (including source code or object code), products, software, services,
and all other elements of the Service (the “Materials”) provided by
LiveWell are protected by all relevant intellectual property and proprietary rights
and applicable laws. All Materials contained in the Service are the property of
LiveWell or our third-party licensors. Except as expressly authorized by LiveWell,
you may not make use of the Materials. LiveWell reserves all rights to the Materials
not granted expressly in these Terms.
You agree that you will be responsible for your use of the Service, and you agree to
defend, indemnify, and hold harmless LiveWell and its officers, directors, employees,
consultants, affiliates, subsidiaries and agents (collectively, the “LiveWell Entities- Partners“)
from and against any and all claims, liabilities, damages, losses,
and expenses, including reasonable attorneys’ fees and costs, arising out of or in any
way connected with (i) your access to, use of, or alleged use of the Service; (ii) your
violation of these Terms or any representation, warranty, or agreements referenced herein,
or any applicable law or regulation; (iii) your violation of any third-party right, including
without limitation any intellectual property right, publicity, confidentiality, property or
privacy right; or (iv) any disputes or issues between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (and without
limiting your indemnification obligations with respect to such matter), and in
such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE (INCLUDING
REWARDS) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LIVEWELL ENTITIES SPECIFICALLY
(BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE,
INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE LIVEWELL ENTITIES DO NOT WARRANT THAT
THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE,
WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND
DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY
MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING
ANY OF THE LIVEWELL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU
ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE,
YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN
MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY
(INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT
RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL THE LIVEWELL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE
OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LIVEWELL
ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LIVEWELL ENTITIES TO YOU FOR ANY AND ALL
CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE
(INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE
UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE
GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO LIVEWELL FOR ACCESS TO AND USE OF
THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) 300 TL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS
UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT
OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS
IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law. These Terms shall be governed by the laws of the
State of Texas without regard to conflict of law principles. To the extent that
any lawsuit or court proceeding is permitted hereunder, you and LiveWell agree to
submit to the personal and exclusive jurisdiction of the state courts and federal
courts located within İstanbul Çağlayan for the purpose of litigating all such
disputes. We operate the Service from our offices in Istanbul, and we make no
representation that Materials included in the Service are appropriate or available
for use in other locations.
incorporated by reference herein, constitute the entire and exclusive understanding
and agreement between you and LiveWell regarding your use of and access to the Service,
and except as expressly permitted above may be amended only by a written agreement
signed by authorized representatives of all parties to these Terms. You may not
assign or transfer these Terms or your rights hereunder, in whole or in part, by
operation of law or otherwise, without our prior written consent. We may assign
these Terms at any time without notice. The failure to require performance of any
provision will not affect our right to require performance at any time thereafter,
nor shall a waiver of any breach or default of these Terms or any provision of these
Terms constitute a waiver of any subsequent breach or default or a waiver of the
provision itself. Use of section headers in these Terms is for convenience only and
shall not have any impact on the interpretation of particular provisions. In the event
that any part of these Terms is held to be invalid or unenforceable, the unenforceable
part shall be given effect to the greatest extent possible and the remaining parts will
remain in full force and effect. Upon termination of these Terms, any provision that by
its nature or express terms should survive will survive such termination or expiration,
including, but not limited to, Sections 2, 7, and 9 through 23.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between
you and LiveWell in the most expedient and cost effective manner, you and
LiveWell agree that any and all disputes arising in connection with these
Terms shall be resolved by binding arbitration. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a
judge or jury, may allow for more limited discovery than in court, and can
be subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. Our agreement to arbitrate disputes
includes, but is not limited to all claims arising out of or relating to any
aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation
or any other legal theory, and regardless of whether the claims arise during or after
the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE
TERMS, YOU AND LIVEWELL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
Exceptions. Notwithstanding subsection 1, we both agree
that nothing herein will be deemed to waive, preclude, or otherwise limit
either of our right to (i) bring an individual action in small claims court,
(ii) pursue enforcement actions through applicable federal, state, or local
agencies where such actions are available, (iii) seek injunctive relief or
other provisional relief in aid of arbitration from a court of law, or (iv)
to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and LiveWell
will be governed by the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes (collectively,
“6325 HUAK“) of the Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu
(“HUAK“), as modified by these Terms, and will be administered
by the HUAK. The HUAK Rules and filing forms are available online at
Notice; Process. A party who intends to seek arbitration
must first send a written notice of the dispute to the other, by certified
mail or Federal Express (signature required), or in the event that we
do not have a physical address on file for you, by electronic mail
(“Notice“). LiveWell’s address for Notice is: LiveWell Softtech Yazılım Geliştirme Araştırma ve Pazarlama Tic
Aş.,Teknopark Istanbul Sanayi Mahallesi teknopark Bulvarı No:1/4A 309 Pendik İstanbul Turkey.
The Notice must (i) describe the nature and basis of the claim or dispute; and
(ii) set forth the specific relief sought (“Demand“).
We agree to use good faith efforts to resolve the claim directly, but
if we do not reach an agreement to do so within 30 days after the Notice
is received, you or LiveWell may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or
LiveWell shall not be disclosed to the arbitrator until after the arbitrator
makes a final decision and award, if any. In the event our dispute is finally
resolved through arbitration in your favor, LiveWell shall pay you
(i) the amount awarded by the arbitrator, if any,
(ii) the last written settlement amount offered by LiveWell in settlement of
the dispute prior to the arbitrator’s award; or (iii) 1.000,00 TL, whichever is greater.
Fees. In the event that you commence arbitration in accordance with
these Terms, LiveWell will reimburse you for your payment of the filing fee, unless
your claim is for greater than 10.000 TL, in which case the payment of any fees shall be
decided by the HUAK Rules. Any arbitration hearings will take place at a location to be
agreed upon in İstanbul Çağlayan, provided that if the claim is for 10.000 TL or less,
you may choose whether the arbitration will be conducted (i) solely on the basis of documents
submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or
(iii) by an in-person hearing as established by the HUAK Rules in the county (or parish)
of your billing address. If the arbitrator finds that either the substance of your claim
or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all
fees will be governed by the HUAK Rules. In such case, you agree to reimburse LiveWell for all
monies previously disbursed by it that are otherwise your obligation to pay under the HUAK Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which
the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes
as to the payment and reimbursement of fees or expenses at any time during the proceeding and
upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND LIVEWELL AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and LiveWell agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any
form of a representative or class proceeding.
Modifications. In the event that LiveWell makes any
future change to this arbitration provision (other than a change to LiveWell’s
address for Notice), you may reject any such change by sending us written notice
within 30 days of the change to LiveWell’s address for Notice, in which case
your account with LiveWell shall be immediately terminated and this arbitration
provision, as in effect immediately prior to the amendments you reject shall survive.
Enforceability. If Subsection 6 is found to be unenforceable
or if the entirety of this Section 22 is found to be unenforceable, then the
entirety of this Section 22 shall be null and void and, in such case, the parties
agree that the exclusive jurisdiction and venue described in Section 20 shall
govern any action arising out of or related to these Terms.
Consent to Electronic Communications. By using the Service, you consent
to receiving certain electronic communications from us as further described in our
regarding our electronic communications practices. You agree that any notices, agreements,
disclosures, or other communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.
Contact Information. The services hereunder are offered byLiveWell, Softtech Yazılım Teknolojileri Araştırma Geliştirme ve
Pazarlama Tic. Aş.,Teknopark Istanbul Sanayi Mahallesi Teknopark Bulvarı No:1/4A 309 Pendik İstanbul,Turkey.
You may contact us by sending
correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.